THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 

LOS  ANGELES 

SCHOOL  OF  LAW 


HAEEIS'  PUBLIC  LAND  GUIDE 


REVISED  STATUTES  AND  ACTS  OF  CONGRESS  ANNOTATED 

WITH  DECISIONS  OF  THE  DEPARTMENT  OF  THE 

INTERIOR  RELATING  TO  PUBLIC  LAND 

A   GUIDE    SHOWING   THE   LOCATION  OF 

VACANT  LANDS  BY  COUNTIES  AND 

STATES  ON  JULY  IST,  1911 


The  homestead,  desert,  timber  and  stone,  isolated  tracts,  mineral,  oil, 
gas,  petroleum,  reclamation,  scrip,  townsites  and  parks,  and  other  important 
laws  relating  to  public  land,  with  Departmental  Regulations  thereunder,  com- 
piled together  with  EULES  OF  PRACTICE  annotated. 

The  work  treats  many  subjects  from  abandonment  to  words  and  phrases, 
among  which  are  applications,  absences,  accretions,  alienation,  administrator, 
approximation,  assignments,  amendments,  contests,  cancellations,  canals  and 
ditches,  citizenship,  Carey  Act,  claims  (private),  coal  lands,  commutation,  cul- 
tivation, death  of  entrymen,  decisions,  depositions,  desert  land,  deserted  wife, 
equitable  homesteads,  fees,  fencing,  forest  lands,  guardian,  gas  lands,  home- 
steads, improvements,  insanity,  isolated  tracts,  judgment,  jurisdiction,  Kinkaid 
law,  lieu  selection,  lost  and  obliterated  corners,  married  women,  mill  sites, 
mineral  claims,  mining,  mortgages,  newspapers,  occupancy,  oil  lands,  parks  and 
cemeteries,  petroleum,  practice,  railroad  grants,  repayment,  relinquishments, 
reclamation  lands,  residence,  supervisory  control,  settlements,  second  entries, 
soldiers'  homesteads,  soldiers'  additional  rights,  scrip  regulations,  States  and 
Territories,  town  lots,  United  States  Commissioners,  vacant  lands,  widows  and 
heirs,  wagon  roads,  witnesses,  withdrawals,  words  and  phrases,  and  other 
important  matter  relating  to  public  lands. 

The  work  contains  important  approved  forms  in  use  by  the  Department  of 
the  Interior,  also  a  number  of  unapproved  forms. 

It  contains  a  table  of  circulars,  instructions  and  regulations;  a  table  of  over- 
ruled and  modified  cases,  and  a  table  of  revised  statutes  and  laws  with  annota- 
tions dating  from  Volume  1  of  decisions  of  the  Department  of  the  Interior 
relating  to  public  lands. 

The  digest  and  other  features  of  the  work  will  be  found  useful  in  the 
investigation  of  the  subjects  treated. 


Copyrighted,  1912 
BY 

CHARLES    L.    HARRIS 

OF  THE  YELLOWSTONE  COUNTY  MONTANA  BAR.  BILLINGS.  MONTANA 

PETERSON    LINOTYPING    COMPANY,    CHICAGO 


V 

-o 

I 

V 


PREFACE. 

There  is  need  for  a  work  of  this  nature.  That  will  explain  the 
reason  for  the  publication. 

"We  have  not  attempted  to  compile  all  of  the  public  land  laws, 
nor  all  of  the  rules  and  regulations  of  the  Department  of  the 
Interior  thereunder.  "We  have  addressed  our  efforts  to  the  more 
important  of  the  public  land  laws,  and  official  regulations  there- 
under. The  work  covers  a  wide  range  of  subjects.  We  have 
attempted  to  present  the  law,  the  official  regulation  thereunder, 
and  the  decisions  of  the  Department  of  the  Interior,  so  the  reader 
may  draw  his  own  conclusion  as  to  what  doctrine  to  follow. 

The  index  method  should  be  understood  in  order  that  the  best 
results  may  be  obtained.  Read  instructions  HOW  TO  USE  INDEX. 

That  mistakes  have  been  made  is  as  sure  as  human  accuracy  is 
given  to  err  in  such  matters.  We  have  exercised  such  care  as 
would  justify  the  belief  that  the  work  will  be  found  uniformly 
trustworthy. 

It  is  not  a  digest,  analysis,  or  an  annotated  work,  although  it 
contains  some  of  each  of  such  features.  It  is  intended  to  meet 
the  wants  of  the  lawyer,  the  entryman,  and  those  having  to  do 
with  public  lands,  to  the  end  that  their  labors  may  be  lessened  in 
investigating  the  subjects  treated  herein. 


HOW  TO  USE  INDEX. 

First.  This  work  is  indexed  by  subjects.  The  subjects  contain 
a  separate  index,  either  at  the  commencement  or  at  the  end  of 
the  subject.  By  referring  to  such  subject  indexes  you  will  readily 
find  the  matter  under  investigation.  For  example,  suppose  you 
are  looking  up  the  matter  of  leave  of  absence  under  the  three  year 
homestead  law.  You  will  first  turn  to  the  subject  index,  which 
will  give  you  the  page  number  of  the  subject  of  leave  of  absence. 
When  this  subject  is  located  you  will  find  a  short  contents  index, 
and  under  title  5  you  will  find  the  matter  we  are  investigating. 
Turn  to  the  corresponding  number  and  this  will  give  you  the  law 
and  regulations  of  leave  of  absence  as  applied  to  the  three  year 
homestead  law. 

Second.  In  cases  where  the  subjects  are  short,  contents  indexes 
are  not  given.  The  subject  index  in  such  cases  will  be  found 
sufficient. 

Third.  How  to  find  a  section  of  the  Revised  Statutes.  Suppos- 
ing you  are  looking  up  Sec.  2289  of  the  Revised  Statutes,  and  first 
you  wish  to  know  whether  or  not  this  section  is  contained  in  this 
book.  Turn  to  the  table  of  Revised  Statutes  cited  and  construed, 
page  342,  and  if  the  section  appears  in  the  work  the  fact  will  be 
noted  in  boldface  type,  giving  the  page  number.  In  the  table 
mentioned  you  will  find  the  decisions  of  the  Department  of  the 
Interior  construing  or  citing  this  section.  The  same  rule  should 
be  followed  in  locating  an  act  of  Congress.  For  example,  if  we  are 
looking  for  the  Act  of  June  22,  1910  (36  Stat.,  583),  we  will  consult 
the  table  of  acts  of  Congress  cited  and  construed ;  turning  to  statute 
No.  36-583,  under  date  given,  we  will  find  the  act,  and  if  the  same 
appears  in  the  work  the  fact  will  be  indicated  by  boldface  type, 
giving  page  number.  Here,  too,  you  will  find  all  the  decisions  of 
the  Department  of  the  Interior  construing  this  statute. 

Fourth.  Overruled  and  modified  cases.  When  you  find  a  cita- 
tion or  decision  and  you  wish  to  know  whether  or  not  the  same  has 
been  overruled  or  modified,  consult  table  of  Overruled  and  Modified 
Cases,  and  this  will  give  you  the  information.  This  work  covers  all 
of  volumes  1  to  39,  inclusive,  and  608  pages  of  volume  40  of  the 
decisions  of  the  Department  of  the  Interior  relating  to  public  lands. 

Fifth.  How  to  find  circulars.  If  you  know  the  number  of  the 
circular  consult  the  subject  index.  If  the  circular  was  issued  with- 
out number  consult  Table  of  Circulars,  Regulations  and  Instructions, 
under  the  subject  in  which  you  are  interested.  If  you  do  not  find 
what  you  are  looking  for  under  one  head  try  another,  continuing 
this  practice  till  you  locate  the  circular.  When  found  you  will  find 
notation  of  all  circulars  issued  on  that  subject,  and  if  the  same 
appears  in  the  work  the  page  number  will  be  indicated  in  boldface 
type.  The  circular  will  be  found  by  referring  to  the  volume  arid 
page  of  the  land  decisions  as  given  in  the  table, 

1 


It  may  be  said  without  exception  that  all  circulars,  regulations 
and  instructions  are  based  upon  either  a  Revised  Statute  or  an  act 
of  Congress.  When  these  laws  are  found,  all  the  decisions  there- 
under will  be  found  by  consulting  the  Table  of  Revised  Statutes 
and  acts  of  Congress  cited  and  construed. 

The  following  circular  showing  vacant  lands  is  a  reproduction 
of  the  one  issued  by  the  General  Land  Office  at  Washington,  D.  C. 

Department  of  the  Interior, 

General  Land  Office, 

July  1,  1911. 
[Circular  No.  42.] 

VACANT  PUBLIC  LANDS  IN  THE  UNITED  STATES. 

The  following  tables,  based  on  reports  furnished  by  the  district 
land  offices,  show,  by  States,  Territories,  land  districts,  and  counties, 
the  area  of  unappropriated  and  unreserved  public  lands,  surveyed 
and  unsurveyed,  and  a  brief  description  of  the  character  of  the 
vacant  lands.  No  more  specific  description  of  the  character  of  the 
land,  climate,  water,  or  timber  can  be  given  by  the  General  Land 
Office.  Counties  and  States  in  wrhich  there  are  no  unappropriated 
lands  are  omitted. 

A  township  diagram,  showing  only  entered  lands  in  any  town- 
ship, can  be  procured  by  sending  $1  to  the  register  and  receiver  of 
the  land  office  for  that  district.  The  diagram  required  should  be 
specified  by  township  and  range  number. 

While  the  figures  in  the  tables  may  not  be  absolutely  correct, 
owing  to  liability  of  error  in  a  work  of  such  magnitude  and  to  the 
necessity  of  making  estimates  of  unsurveyed  lands,  it  is  believed 
that  they  afford  a  close  approximation  to  the  actual  areas.  The 
statement  is  intended  to  inform  correspondents  and  the  general 
public  as  to  whether  there  is  much  or  little  public  land  in  the 
several  land  States  and  Territories  and  the  land  districts  therein 
and  in  particular  counties  or  localities. 

In  many  counties  only  a  few  acres  are  reported  as  vacant. 
Neither  the  General  Land  Office  nor  the  local  land  officers  can  fur- 
nish information  as  to  the  location  of  such  tracts,  but  such  informa- 
tion may  be  obtained  from  the  records  of  the  local  land  offices, 
which,  when  not  in  official  use,  are  open  to  inspection  by  pros- 
pective home  seekers  or  their  agents. 

Before  entry  personal  inspection  of  the  lands  should  be  made  to 
ascertain  if  they  are  suitable,  and  when  the  applicant  is  satisfied 
on  this  point  entry  can  be  made  at  the  local  land  office  in  the 
manner  prescribed  by  law,  under  the  direction  of -the  local  land 
officers,  who  will  give  full  information.  Should  anyone  desire  in- 
formation in  regard  to  vacant  lands  in  any  district  before  going 
there  for  a  personal  inspection,  he  should  address  the  register  and 
receiver  of  the  proper  local  land  office,  who  will  give  full  informa- 
tion regarding  vacant  lands  and  the  steps  necessary  to  be  taken  in 
making  entry. 

All  vacant  unappropriated  public  lands,  nonmineral  and  non- 
saline  in  character,  are  subject  to  entry  under  the  homestead  laws. 


VACANT  PUBLIC  LANDS  IN  THE  UNITED  STATES. 

Statement,  by  States,  Territories,  Land  Districts,  and  Counties,  Showing  the 

Area  of  Land  Unappropriated  and  Unreserved  on  July  1,  1911. 

[Counties  containing  no  unappropriated  lands  are  omitted.] 

ALABAMA. 


Land  district  and 
county. 

Area  unappropriated   and   unre- 
served. 

Brief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

Unsur- 
veyed. 

Total. 

Montgomery  : 
Baldwin    

Acres. 
1,500 
280 
80 
800 
80 
1,800 
2,480 
340 
2,100 
340 
4,160 
5,360 
440 
1.200 
640 
80 
840 
400 
840 
80 
480 
240 
1,700 
3,000 
200 
80 
320 
320 
6,840 
1,800 
6,760 
11.760 
6,640 
6,040 
2,200 
2,720 
160 
1,640 
80 
1,240 
160 
240 
600 
440 
340 
2,400 
200 
1,200 
240 
5,000 
160 
11,160 

Acres. 

Acres. 
1,500 
280 
80 
800 
80 
1,800 
2,480 
340 
2,100 
340 
4,160 
5,360 
440 
1,200 
640 
80 
840 
400 
840 
80 
480 
240 
1,700 
3,000 
200 
80 
320 
320 
6,840 
1,800 
6,760 
11,760 
6,640 
6,040 
2,200 
2,720 
160 
1,640 
80 
1,240 
160 
240 
600 
440 
340 
2,400 
200 
1,200 
240 
5,000 
160 
11,160 

Marshy  pine  lands. 
Agricultural   lands,   hilly. 
Mountainous. 
Do. 
Pine  lands,  hilly,  sandy. 
Hilly,  diversity  of  soil. 
Mountainous. 
Pine  lands,  sandy. 
Timbered,  sandy  soil. 
Pine  and  agricultural. 
Hilly  and  broken,  mountainous. 
Do. 
Mountainous. 
Uneven,  sandy  soil. 
Level,  sandy. 
Hilly,  rolling  lands. 
Mountainous. 
Pine  lands,  level,  sandy. 
Mountainous. 
Pine   lands,   varied  soil. 
Pine  lands,  light,  sandy. 
Mountainous. 
Mountainous,    hilly. 
Mountainous. 
Pine  lands,  light,  sandy. 
Hilly,  broken,  sandy. 
Broken,  sandy  soil. 
Do. 
Mountainous,  hilly,  broken. 
Mountainous. 
Barren. 
Mountainous. 
Barren,  mountainous. 
Flat,  sandy,  part  marshy. 
Broken,  hilly,  sandy. 
Mountainous. 
Hilly,  pine  lands. 
Pine  lands,  hilly,  sandy. 
Pine  lands,  rolling. 
Mountainous,  hilly,  rocky. 
Mountainous,  hilly,  varied  soil. 
Flillv.  rough,  varied  soil. 
Undulating,  soil  sandy  and  red. 
Mountainous,   hilly,  varied  soil. 
Hillv,  red  and  gray  sandy  soil. 
Hilly,  broken,  diversified  soil. 
Do. 
Pine  lands,  rolling. 
Uneven  pine  lands,  sandy. 
Mountainous. 

Barbour    

Bibb   

Blount    

Butler   

Calhoun   

Cherokee  

Chilton    

Choctaw    

Clarke  .  , 

Clay   

Cleburne  

Colbert  

Coosa  

Covinpton  

Crenshaw   

Cullinan   

Dale    

Dekalb   

Elmore    

Kscambia    

Etowah   

Fayette  

Franklin  

Geneva    .  .  . 

Hale    

Henry   

Houston    

Jackson    

Lamar    

Lauderdale    .... 
Lawrence    

Madison    

Marion    

Marshall  

Mobile  

Monroe   

Morgan  

Perry    

Pickens   .... 

Pike    

Randolph    
St.  Clair  

Shelby    

Sumter    

Talladega   
Tallapoosa    .... 
Tuscaloosa    .... 
Walker    

Washington    .  .  . 
Wilcox    

Winston    

State  total.  .  . 

100.200 

100.200 

ARIZONA. 


Phoenix  : 
Apache  
Cochise   
Coconino  
Gila  

1,000,733 
1.455,463 
2.382,120 
246  40"> 

490.828 
1.013,411 
2.403.939 
1118  653 

1,491,561 
2,468,874 
4,786,068 
1  365  058 

Mountainous,  arid;  graz.  &  timb. 
Mountainous  and  grazing  lands. 
Mountainous,  grazing,  timber. 
\rid  and  broken. 

Graham    
Maricopa   
Mohave  
Navajo    
Pima   
Final  

805.851 
798.618 
1,003.488 

1,119.'.»<;:-: 

1,070.855 
354  399 

1.229.701 
3.372.917 
6,679.992 
393.363 
3.507,609 
1  794  610 

2,035.552 
4,171.535 
7,683,480 
1,513,326 
4,578.464 
2,149  009 

Mountainous,  graz.  and  arid  lands. 
Arid,  grazing,  broken. 
Do. 
Do. 
Mountainous,  arid,  &  graz.  lands. 
Arid  and  grazing  lands. 

Santa    Cruz!  .  .  . 
Yavapai  

213.125 
951  498 

47.433 

2  Or.,')  3"0 

260.558 
3,006  818 

Mountainous,  arid.  &  graz.  lands. 
Mountainous,   timber,  grazing. 

Yuma  

637  901 

4,874  079 

5,512,580 

Arid,  grazing,  broken. 

Terr,  total  .  .  . 

12,040.428 

28.982.455 

41,022.883 

VACANT  PUBLIC  LANDS— Continued. 
ARKANSAS. 


Land  district  and 
county. 

Area  unappropriated  and  unre- 
served. 

Brief  description  of  character 
unappropriated  and  unre- 
served land. 

of 

Surveyed. 

Unsur- 
veyed. 

Total. 

Camden  : 
Ashley   

Acres. 
322 
407 
734 
553 
431 
678 
80 
6,313 
454 
4,006 
6,965 
1,089 
156 
819 
9,107 
727 
238 
5,407 
16,981 
1,129 
6,375 
444 

Acres. 

Acres. 
322 
407 
734 
553 
431 
678 
80 
6,313 
454 
4,006 
6,965 
1,089 
156 
819 
9,107 
727 
238 
5,407 
16,981 
1,129 
6,375 
444 

Rolling,  second  and  third  rate  soil. 
Swampy. 
Do. 
Broken. 
Rolling,  second  and  third  rate  soil. 
Rolling. 
Do. 
Mountainous. 
Timber. 
Mountainous. 
Very  broken. 
Level  and  poor. 
Swampy. 
Do. 
Mountainous. 
Timber. 
Do. 
Mountainous. 
Do. 
Do. 
Swampy. 
Flat  and  swampy. 

Productive;  mountainous,  tim- 
bered, and  mineral. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Mountainous,  mineral. 
Productive  ;  mountainous,  tim- 
bered, and  mineral. 
Do. 
Do. 
Productive  ;  mountainous. 
Productive  ;  timbered. 

Rroken,  timbered. 
Mountainous,  timbered. 
Do. 
Do. 
Swampy,  timbered. 

Broken,  timbered. 
Do. 
Do. 
Do. 
Level,  timbered.   . 
Broken,  timbered. 
Do. 
Do. 
Do. 
Do. 
Swampy,  timbered. 
Do. 
Do. 

Broken,  timbered. 
r>o. 

Bradley  

Calhoun  

Clark  

Cleveland    

Columbia  

Drew    

Garland  

Hempstead   .... 
Hot  Spring   .... 
Howard    

Lafavette   .... 

Little   River  
Miller    

Montgomery  .  .  . 
Nevada    

Ouachita  .  . 

Pike   

Polk   

Saline   

Sevier    

Union    

Total    

63,415 

63,415 

Harrison  : 
Baxter  

50,160 

10,160 
9,800 
21,040 
240 
1,840 
21,820 
2,120 
17,620 
760 
26,340 
15.380 
42,300 

40,140 
19,960 
4,860 
17,280 

50,160 

10,160 
9,800 
21,040 
240 
1,840 
21,820 
2,120 
17,620 
760 
26,340 
15,380 
42,300 

40,140 
19,960 
4,860 
17,280 

Benton  

Boone    

Carroll  

Crawford    

Franklin  

Fulton     

Independence   .  . 
Iznrd     

Johnson  

Madison    

Marlon    

Newton   

goarcv  

Stone   

Van  Buren  .... 
Washington  .... 

Total  

301,820 

301,820 

Little  Rock: 
Arkansas  

240 
160 
10,960 
2,840 
8,800 
80 
120 
2,520 
6,760 
11,640 
1,280 
280 
120 
8,440 
5,840 
11,760 
1,040 
360 
9,840 
180 
120 
1,680 
2,480 
720 

240 
160 
10,960 
2,840 
8,800 
80 
120 
2,520 
6,760 
11,640 
1,280 
280 
120 
8,440 
5,840 
11,760 
1,040 
360 
9,840 
ISO 
120 
1,680 
2,480 
720 

Clay     

Cleburne  

Conway  

Crawford 

Faulkner  

Fulton 

Garland      .      .  . 

Grant     

Greene   

Independence  .  . 
Izard   

Lawrence  

Montgomery  .  .  . 

Pnlaski    

VACANT  PUBLIC  LANDS— Continued. 
ARKANSAS— Continued. 


Land  district  and 
county. 

Area  unappropriated   and  unre- 
served. 

Brief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

Un  sur- 
veyed. 

Total. 

Little  Rock—  Cont. 
Randolph   

Acres. 
9,840 
3,360 
7,600 
880 
23,240 
10,640 
1,640 
4,760 

Acres. 

Acres. 
9,840 
3,360 
7,600 
880 
23,240 
10,640 
1,640 
4,760 

Broken,  timbered. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 

Saline    

Scott     

Sebastian    

Sharp  

Van  Biiron  

White  

Yell    

Total   
State  total.  . 

150,220 

150,220 

515.455 

515.455 

CALIFORNIA. 


Eureka  : 
Del  Norte  

7,235 

7,235 

Very  rough,  broken,  and  mountain- 
ous; timber,  grazing,  and  min- 

Humboldt    .... 
Mendocino    .... 

106,190 
19  339 

18,623 

124,813 
19,339 

eral  land. 
Mountainous  ;  grazing  and  tim- 
ber land  ;  some  mineral. 

Trinity    

72,846 

23,068 

95,914 

land. 

mineral  land. 

Total  

205,610 

41,691 

247,301 

r 

i 

Independence  : 
Alpine  

i 
12  045 

12,945 

Inyo    

2,560,715 

1,205,823 

3,766,538 

Kern    

574,914 

98,041 

672,955 

Mono  

597,788 

41,990 

638,778 

San  Bernardino. 

2,011,051 

1,198,237 

3,209,288 

Arid,  mineral,  mountainous. 

Total     

5,757,413 

2,544,091 

8  301  504 

Los  Angeles  : 
Imperial   

854,675 

212560 

1  607  235 

Kern    

128.152 

15  147 

143  299 

Arid  level  desert  mountalous 

Los    Angeles.  .  . 
Orange    

666,006 
20,378 

132,592 
1,906 

798,688 
22,284 

Do. 
Mountainous  and  hilly 

Riverside    

San  Bernardino. 
San  Diogo  

1,330,961 

2,068,598 
114  837 

575,241 

958,995 
336  839 

1,906,202 

3,927,593 
451  676 

Mountainous,  rolling,  and  level 
desert. 
Do. 
Do 

Santa  Barbara.. 
Ventura  

42,830 

56,827 

6,396 
54,438 

49,226 
111,265 

Mountainous  and  rolling. 
Do. 

Total  

6  183  354 

2  294  114 

8  477  468 

Redding  : 
Modoc    

10  026 

21  205 

31  231 

Principally  mountainous  timber- 

Shasta    

17,604 

35.050 

52  654 

land. 
Farming  graz  ,  timber,  mineral. 

Siskivou    

169.266 

116,213 

285,479 

Do. 

Tehama  

40  340 

10  031 

50  371 

Mostly  foothill  and  graz.  land. 

Trinity    

51,748 

8  119 

59  867 

Mountainous  timber,  grazing, 

mineral. 

Total  

288  984 

190  618 

479  60° 

Sacramento  : 
Amador  

17,225 

17  225 

Grazing,  timber,  mineral. 

Butte 

55  668 

55  668 

Calaveras   
Colusa  

79.106 
27  299 

'  'l  280 

79,106 

28  570 

Grazing,  timber,  mineral. 
Agricultural  and  grazing. 

Eldorado  

42  430 

1  540 

43  970 

Timber,  grazing,  and  mineral 

Fresno    

31,245 

4  560 

35  805 

Mountain  land. 

Glenn   

17.520 

17  520 

Agricultural  and  grazing. 

Lake    

9  720 

9  790 

Madera    

55  815 

55  815 

Mariposa  

100,834 

109  834 

Merced  

15,420 

15,420 

Rolling  foothills'  farming  and 

Napa   

26  920 

26  990 

grazing. 

Nevada    

47.613 

47.613 

Mineral,  timber. 

VACANT  PUBLIC  LANDS— Continued. 
CALIFORNIA— Continued. 


Land  district  and 
county. 

Aroa  unappropriated  and  unre- 
served. 

Brief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

Unsur- 
veyed. 

Total. 

Sacramento  —  Cont. 
Placer    

Acres. 
26,515 
22.560 
23.960 
52,315 
39.380 
26,600 

Acres. 
1,540 

Acres. 
28,055 
22,560 
24.080 
53.915 
39,380 
26,600 

Mineral,  timber,  and  grazing, 
foothills  :  farming  and  grazing. 
T  razing  and  agricultural. 
Timber,  grazing,  mining. 
Grazing  and  agricultural. 
Agricultural,  timber,  and  mineral. 

Mountain  land. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 

Timber,  desert,  grazing  and 
mineral. 
Timber,  desert,  grazing  and 
farming. 
Mountainous,  timber,  mineral. 
Timber,  mountainous,  and  min'ral. 

Mountainous,  grazing,  timber. 
Arid  plains  and  mountainous. 
Do. 
Mountainous,  grazing. 
Do. 
Do. 
Do. 
Arid  plains  and  mountainous; 
timber. 

Stanislaus    .... 
Tehama     
Tuolumne    
Yolo    

720 
1,600 

Yuba   

Total    

727,145 

11,240 

738,385 

San  Francisco  : 
Alanieda  

1,173 

70,581 
6,686 
1,955 
138,961 
330,879 
50,961 
901,086 
76.289 
312.888 
20.164 
608.764 
34.506 
18.674 
81,892 
71,602 
24,571 
81,852 
8,360 
20,801 

1,173 
73,141 
21.133 
1.955 
138,961 
382.806 
50.061 
905.080 
87,809 
318.003 
20,164 
608.764 
34.506 
24,156 
81,892 
83.830 
30.308 
82,652 
8,360 
20,801 

Fresno    

2.560 
14,447 

Kern    

Kings  

Lake    

Mendocino    .... 
Merced  

51,927 

Monterey   

3,994 
11,520 
5,115 

Napa   

San    Benito.  .  .  . 
San    Joaquin  .  .  . 
San  Luis  Obispo 
Santa  Barbara  .  . 
Santa   Clara.  .  .  . 
Solano    

5,482 

Sonoma     

12,228 
5,737 
800 

Stanislaus  

Tehama   

Trinity    

Ventura    

Total  

2,862,645 

113,810 

2,976,455 

Susanville  : 
Lassen    

1,405,938 
173,585 

17,628 
40,660 

46,006 
17,761 
4,254 

1,451,944 
191,346 

21.882 
40.660 

Modoc  

Plumas   

Sierra    

Total  

1,637.811 

68,021 

1,705.832 

Visalia  : 
Fresno    

137.605 
112.624 
33.757 
8.361 
2.400 
9,066 
29.055 
16,173 

11,480 
24,128 

149,085 
136,752 
33.757 
8,361 
2.400 
9.006 
29,955 
67,041 

Kern    

Kings         

Monterey     

San   Benito  
San  Luis  Obispo. 
Tulare  

50,868 

Total  

349,941 

86,476 

436,417 

Stale  total.  .  . 

18.012.903 

5.350.061 

23.362.964 

COLORADO. 


Del  Norte  : 
Chaffoe    

3.081 

3.081 

Mountainous,  mineral. 

Conejos     

194,787 

194,787 

Agricultural,  farming,  and 

Postilla  

35.386 

3,840 

39.226 

mountainous. 
Mountainous,  prairie,  and  farming. 

1.280 

1.280 

Mountainous  and  farming 

Huerfano     

8,017 

3  840 

11  857 

Farming  and  mountainous. 

Las  Animas.  .  .  . 

29,440 

29,440 

Mountainous. 

I{io   Grande  .... 

110  000 

110.000 

Agricultural  and  mineral. 

Saguache  

321,219 

321,219 

Do. 

Total  

673,770 

37,120 

710,890 

VACANT  PUBLIC  LANDS— Continued. 
COLORADO— Continued. 


Land  district  and 
county. 

Area   unappropriated   and  unre- 
served. 

Jrief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

Unsur- 
veyed. 

Total. 

Denver  : 
Adams    

Acres. 
15.360 
6.920 
72,800 
22,680 
5,020 
23,480 
28,880 
17,640 
196,820 
337,340 
40,620 
362.640 
38,960 

Acres. 

Acres. 
15,360 
6.Q20 
72.800 
83,771 
5,020 
23,480 
28,800 
17,640 
196,820 
337,340 
40,620 
362.640 
38,960 
7,680 
7,880 
40,320 

Agricultural  and  grazing. 
Do. 
Mountainous,  mineral. 
Mountainous. 
Arid;  grazing,  broken. 
Mountainous,  grazing,  mineral. 
Agricultural  and  grazing. 
Mountainous,  grazing,  mineral. 
Do. 
Mountainous  and  grazing. 
Mountainous,  grazing,  mineral. 
Do. 
Grazing  and  agricultural. 
Mountainous,  grazing,  mineral. 
Do. 
Agricultural  and  grazing. 

Agricultural,  timber,  grazing. 
Mountainous,  agricultural,  and 
mineral. 
Grazing,  agricultural,  and  min'ral. 
Do. 

Grazing  and  mineral. 
Farming,  grazing,  mineral. 
Farming,  grazing. 
Farming,  grazing,  mineral. 
Grazing  and  mineral. 
["arming  and  grazing. 
Farming,  grazing,  mineral. 

Land  in  this  district  is  graz- 
ing, farming,  and  arid. 

Undulating  prairie,  grazing,  and 
farming. 
Undulating  prairie  and  valley 
land. 
Prairie,  grazing  land. 
Undulating  prairie,  grazing. 
Broken,  hilly,  grazing  land. 
Level  prairie,  grazing  land. 
Prairie  and  valley  farming  land. 

Mineral  and  mountainous. 
Grazing. 
Mineral,  mountainous. 
Mineral  and  agricultural. 
Mineral,  mountainous. 
Grazing. 

Mountainous,  coal,  grazing  lands. 
Mineral,  grazing,  arid. 
Mountainous,  coal,  mineral,  farm- 
ing, grazing. 
Mountainous,  mineral,  timber, 
coal,  grazing. 

Arapnhoe    

Boulder    

Clear  Creek  
Douglas    

61,091 

Eagle   

Elbert   

Gilpin   

Grand   

Jackson    

Jefferson  

Larimer   

Morgan    

Routt   

7,680 

Summit   .... 

7,880 
40,320 

Weld   

Total  

1,217,360 

68.771 

1,286,131 

Durango  : 
Archuleta  

160,240 
185,547 

273,068 
436,403 

160,240 
273,707 

273,068 
436,403 

Dolores  

88,160 

La  Plata    

Montczuma    .... 
Total  

1,055,258 

88,160 

1,143,418 

Glenwood  Springs  . 
Eagle   

297,032 
861.293 
117,975 
2,104.600 
89,646 
1,434,175 

297,032 
1,001,086 
117,975 
2,298.043 
108.846 
1,434.175 
335,047 

Garfleld    

139,793 

Mesa     

Moffatt    

193.443 
19,200 

Pitkin    

Rio   Blanco.  .  .  . 

Routt  

335,047 

Total  

5.239,768 

352,436 

5,592,204 

Hugo  : 
Chevenne    

20,320 

20.320 
33,910 
24,880 

Kit  Carson  

33.910 
24,880 

Lincoln   

Total  

79,110 

79,110 

Lamar  : 
Baca    

757,851 
393,755 

17,166 
43.872 
290,582 
3,118 
270,697 

757,851 
393,755 

17,166 
43.872 
290,582 
3,118 
270,697 

Bent    

Chevenne    

Kiowa  

Las  Animas.  .  .  . 
Lincoln   

Prowers  

Total  

1,777041 

1,777,041 

Leadville  : 
Chaffee     

94,605 
16.039 
10.237 
389,097 
1.887 
10,458 

94,605 
39.916 
10.237 
389.097 
1,887 
10,458 

Fremont    

23.877 

Lake    

Park    

Summit  

Teller    

Total  

522,323 

23,877 

546,200 

Montrose  : 
Delta    

301,525 
42,060 
962,401 

239,073 

56.963 
34.320 
397,157 

42,212 

358.488 
76,380 
1,359,558 

281,285 

Dolores   

Gunnison    
Hinsdale    

8 


VACANT  PUBLIC  LANDS— Continued. 
COLORADO— Continued. 


Land  district  and 
county. 

Area  unappropriated  and  unre- 
served. 

Brief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

Unsur- 
veyed. 

Total. 

Montrose  —  Cont. 
Mesa    

Acres. 
752,672 
391,956 
257,917 

350,062 
565,487 

Acres. 
222,842 
146,105 

Acres. 
975,514 
538.061 
257,917 

350,062 
624,240 

Coal,  farming,  mineral,  grazing. 
Do. 
Agricultural,     grazing,      mineral, 
mountainous. 
Farming,  grazing,  mineral,  timber. 
Agricultural,    rich   mineral,   graz- 
ing, coal. 

Agricultural  and  grazing. 
Mountainous. 
Mountainous  and  grazing. 
Agricultural  and  grazing. 
One-third  mountainous  :  two- 
thirds  agricultural  and  grazing. 
Two-thirds  mountainous  ;  one- 
third  agricultural  and  grazing. 
One-third  mountainous;  two- 
thirds  agricultural  and  grazing. 
Grazing. 
One-third  mountainous  ;  two- 
thirds  agricultural. 
Grazing. 
Agricultural  and  grazing. 
Three-fourths  agricultural  ;  one- 
fourth  mountainous. 
Mountainous. 
Mountainous  ;  largely  mineral. 

Agricultural  and  grazing. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 

Montrose    .  . 

Ouray     

Saguache    
San  Miguel    .  .  . 

Total  

58,753 

3,863,153 

958,352 

4,821,505 

Pueblo  : 
Bent    

61,778 
10,711 
132.822 
1,827 
110,227 

551,060 
269,705 

27,280 
1,500,880 

190,763 
493,851 
386,132 

20,086 
52,018 

61,778 
10,711 
132,822 
1,827 
110,987 

551,660 
269,705 

27,280 
1,500,880 

190,763 
493,851 
386,132 

20,086 
52,018 

Costilla     

Custer     

Elbert    

El  Paso    

760 

Fremont    

Huerfano    

Kiowa  

Las  Animas   .  .  . 
Lincoln  

Otero  

Pueblo  

Sasruache    

Teller    

Total  

3,809,740 

760 

3,810,500 

Sterling  : 
Logan   

117,200 
95,860 
15,600 
5,600 
269,13ft 
108.451 
220,254 

117,200 
95,860 
15.600 
5.600 
269,136 
108.451 
220,254 

Morgan   

Phillips     

Sedgwick    
Washington    .  .  . 
Weld     

Yuma    
Total 

832,101 

832,101 

State  totnl.  .  . 

19,069,624 

1,529,476 

20,599,100 

FLORIDA. 

[The  greater  part  of  the  lard  in  the  State  is  level  and  timbered,  and  there  are  no  moun- 
tains.   There  are  some  large  swamps  and  marshes  in  the  southern  part  of  the  state,  j 


Gainesville  : 
Alachua    

4,940 

4,940 

Low  pine  land. 

Baker    

1,060 

1,060 

Do. 

Bradford     

1,426 

1,426 

Do. 

Brevard    

15,775 

15.648 

31,423 

Low  pine  and  swamp  land. 

Calhoun    

6,180 

6  180 

Low  pine  land. 

Citrus     

3,440 

3,440 

Do 

Clay    

7,089 

7,089 

Do 

Columbia    

921 

921 

Do. 

Bade    

1,600 

15,820 

17,420 

Do. 

De    Soto  

79,998 

79.998 

Do. 

Duval    

207 

1,200 

1,407 

Do. 

Escambla    

2,071 

2,071 

Do. 

Gadsden    

53.". 

535 

Do. 

Hamilton    

459 

459 

Do. 

Hernando   

1,360 

1,360 

Do. 

Hillsboro    

1,114 

1,114 

Low  pine  and  swamp  land 

Holmes   

198 

198 

Low  pine  land 

Jarkson     

427 

427 

Do. 

VACANT  PUBLIC  LANDS— Continued. 
FLORIDA — Continued. 


Land  district  and 
county. 

Area  unappropriated  and  unre- 
served. 

Jrief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

Unsur- 
veyed. 

Total. 

Gainesville  —  Cont. 
Jefferson     
Layfette   

Acres. 
10 
9,624 
29,200 
30,968 
240 
4,960 
1,147 
720 
4,719 
11,126 
2.771 
575 
11,137 
3,760 
5,559 
600 
9,711 
4,080 
7,996 
3,249 
2,118 
800 
600 
2,880 
15,495 
560 
6,880 
21,253 
321,638 

Acres. 

Acres. 
10 
9,624 
29,200 
43,768 
240 
4,960 
1,147 
720 
4,719 
11,126 
2,771 
575 
19,457 
6,168 
13,579 
600 
9,711 
4,080 
7,996 
81,484 
2,118 
800 
600 
2,880 
28,575 
560 
6,880 
21,253 
477,169 

Low  pine  land. 
Low  pine  and  swamp  land. 
Low  pine  land. 
Low  pine  and  swamp  land. 
Low  pine  land. 
Do. 
Do. 
Do. 
Do. 
Do. 
Low  pine  and  swamp  land. 
Low  pine  land. 
Do. 
Do. 
Flat  pine  land. 
Low  pine  land. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 

Lake    

Lee    

12,800 

Leon    

Levy     

Liberty   

Madison    

Menatee    

Marion    

Monroe   

Nassau    

Orange    

8,320 
2,408 
8,020 

Osceola  

Palm    Beach.  .  . 
Pasco    

Polk    

Putnam    

St.  John    

St.  Lucie     

78,235 

Santa   Rosa.  .  .  . 
Sumter   

Suwanee  

Taylor     

Volusia   

13,080 

Wakulla    

Walton   

Washington    .  .  . 
State    total.. 

155,531 

IDAHO. 


Blackfoot  : 
Bannock  

348,676 

260,088 

608,764 

Mountainous  and  agricultural 

Bear  Lake  
Bingham     
Elaine     

56,000 
203,112 
11,970 

197,228 
516,350 

253,228 
719,462 
11,970 

lands. 
Do. 
Do. 
Do. 

Bonneville    .... 
Fremont   

200,400 
652,604 

576,431 
1,200,249 

776,831 
1,852,853 

Do. 
Do. 

Lemhi    

29,000 

29,000 

Do. 

Oneida    

167  120 

478  315 

645  435 

Do. 

Total     

1  639  882 

3,257,661 

4,897,543 

Boise  : 
Ada   

78,837 

228,496 

307,333 

Arid  mountainous,  timbered. 

Boise     

149,770 

113,482 

263,252 

Mountainous,  timbered,  mineral, 

Canyon     

142411 

5  631 

148  042 

grazing. 
Arid  and  grazing. 

Elmore    

235.555 

73,611 

309  166 

Arid  mountainous,  mineral. 

Idaho    

15,399 

619,995 

(•>::.  ".:','.  14 

Mountainous,  mineral  timber. 

Owyhee     

574,537 

2,684,980 

3,259,517 

Arid,  mountainous,  mineral,  graz- 

Washington   .  .  . 

396,040 

93,655 

489,695 

ing. 
Arid,  mountainous,  timber, 
mineral. 

Total     

1,592  549 

3  819  850 

5  412  399 

Coeur  d'Alene  : 
Bonner    

26,527 

8,000 

34,527 

Agricultural  and  timbered. 

Kootenai     
Shoshone    

105.818 
33,919 

12,998 
48,530 

118,816 
82,449 

Do. 
Agricultural,  timbered,  mineral. 

Total     

166,264 

69,528 

235,792 

Hailey  : 
Bingham     
Blaine     

15,458 
618  614 

54,400 
2,375  176 

69,858 
2  993,790 

Lava  and  sagebrush  plains. 
Mountainous,  grazing,  sagebrush 

Boise     

112,500 

112,500 

plains. 
Mountainous  and  grazing. 

Cassia     

543,610 

774,787 

1,318,397 

Grazing,  sagebrush  plains. 

Custer     

101  200 

2,373,780 

2,474,980 

Mountainous,  grazing. 

Elmore    

165,703 

293,760 

459,463 

Do. 

Fremont     

37.271 

33,880 

71,151 

Lava  and  sagebrush  plains. 

10 


VACANT  PUBLIC  LANDS— Continued. 
IDAHO— Continued. 


Land  district  and 
county. 

Area  unappropriated  and  unre- 
served. 

Brief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

Unsur- 
veyed. 

Total. 

Hailey—  Cont. 
Idaho     .  . 

Acres. 
23.569 
287,980 
433,720 
111,250 
273,910 

Acres. 
1,000.960 
2,385.650 
662,180 
353.680 
311.367 

Acres. 
1,024,529 
2,673.630 
1,095.900 
464,930 
585,277 

Mountainous,  grazing. 
Mountainous  and  arid  prairie. 
Lava  and  sagebrush  plains. 
Do. 
Do. 

Mountainous. 
Mountainous,  timbered,  agricul- 
tural. 
Do. 
Mountainous. 
Do. 

Lcmhi     

Lincoln     

Owvhco     

.Twin    Falls  
Total 

2,612.285 

10,732,120 

13.344,405 

Lewiston  : 
Clearwater 
Idaho    

28.947 
93,271 

1.380 
5,950 
39,804 

28,947 
120,471 

2.020 
31,000 
50,460 

27,200 

640 
25,050 
10,656 

Latah    

Lewis    

Nez    Perces  .... 
Total     

169,352 

63.546 

232,899 

State    total.. 

6,180,332 

17,942,705 

24,123,037 

KANSAS. 


Dodge  City  : 
Barber    

240 
2,195 
425 
2.357 
2.080 
1,660 
4,345 

160 
120 
1,119 

356 
1,720 
9.862 
29,993 
80 
1,280 
9,491 
320 
5,692 
3,601 
160 

240 
2,195 
425 
2,357 
2,080 
1,660 
4,345 

160 
120 
1,119 

356 
1,720 
9,862 
29,993 
80 
1,280 
9,491 
320 
5.592 
3,601 
160 

Broken. 
Broken,  sandy. 
Do. 
Do. 
Grazing. 
Agricultural. 
Part  grazing,  part  broken 
sandy. 
Grazing. 
Rough,  grazing. 
Part  grazing,  part  broken  a 
sandy. 
Rough,  sandy. 
Agricultural. 
Grazing. 
Do. 
Rough,  grazing. 
Agricultural. 
Grazing,  part  broken  and  s. 
Sandy. 
Grazing. 
Do. 
Do. 

V 

Farming,  grazing. 
Agricultural. 
Do. 
Farming,  grazing. 
Do. 
Agricultural. 
Do. 

and 
nd 

mdy. 

Clark     . 

Edwards     

Grant 

Greeley     

Hamilton    

Ilask-ll 

Hodgeman    .... 

Meade     

Morton     

Scott     

Stafford 

Wichita 

Total 

77,156 

77,156 

Topeka  : 
Cheyenne    

18,840 
2,726 
4.080 
1.800 
320 
160 
3,320 

18.840 
2.726 
4,080 
1,800 
320 
160 
3,320 

Sherman     

Total 

31,246 

31,246 

State    total  .  . 

108,402 

108,402 

11 


VACANT  PUBLIC  LANDS— Continued. 
LOUISIANA. 


Land  district  and 
county. 

Area  unappropriated  and  unre- 
served. 

Brief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

Unsur- 
veyed. 

Total. 

Baton   Rouge  : 

Acres. 
104 
1,363 
155 
1,142 
4,095 
5,721 
8,829 
3,303 
3,979 
3,624 
5,516 
1,440 

53 
40 
210 
100 
427 
820 
959 
1,256 
137 
7 
160 
169 
260 
2,940 
932 
3,228 
159 
375 
65 
563 
822 
4,600 
2,384 
49 
1,482 
412 
161 
29 
117 
78 
476 
930 
1,815 
2,138 
22 
2,320 
40 
446 
561 

Acres. 

Acres. 
104 
1,363 
155 
1,142 
4,095 
5,721 
8,829 
3,303 
3,979 
3,624 
5,516 
1,440 

53 

40 
210 
100 
427 
820 
959 
1,256 
137 
7 
160 
169 
260 
2,940 
932 
3,228 
159 
375 
65 
563 
822 
4,600 
2,384 
49 
1,482 
412 
161 
29 
117 
78 
476 
930 
1,815 
2,138 
22 
2,320 
40 
446 
561 

Prairie. 
Swampy. 
Do. 
Prairie  and  pine  woods. 
High  pine  woods. 
Do. 
Do. 
Prairie  and  pine  woods. 
High  pine  woods. 
Pine  woods. 
High  pine  woods. 
Do. 

Pine  lands. 
Low  pine  woods. 
Pine  woods. 
Pine  woods,  hilly. 
Pine  woods. 
Agricultural. 
Pine  woods.  hllTy. 
Low,  swampy. 
Agricultural. 
Pine  woods. 
Do. 
Hardwoods. 
Pine  woods. 
Do. 
Do. 
Ordinary  farming  and  pine  land. 
Do. 
Pine  woods  and  agricultural. 
Pine  woods. 
Do. 
Do. 
Farming  and  swampy. 
Do. 
Pine  woods. 
Prairie  and  pine  woods. 
Prairie  land. 
Do. 
Pine  woods. 
Do. 
Alluvial  soil. 
Low,  swampy. 
Pine  woods  and  agricultural. 
Prairie  land. 
Pine  woods. 
Pine  woods  and  alluvial  soil. 
Pine  woods. 
Pine  woods  and  alluvial  soil. 
Do. 
Do. 

Assumption    .  .  . 
Avovelles    

Bieriville  

Bossier    
Caddo    

Calcasieu    

Caldwell  

Catahoula     .... 
Claiborne    .  .    .  . 

De    Soto  .... 

East    Baton 
Rouge    

East   Carroll.  .  . 
East  Feliciana.  . 
Franklin  

Grant    

Iberia    

Jackson     

Jefferson  

Lafourche    .... 
Lafayette   

Lincoln   .  . 

Livingston    .... 
Morehouse    .... 
Natchitoches    .  . 
Ouachita  

Plaquemines     .  . 
Pointe  Coupee.  . 
Rapides     

Red    River.  .    .  . 
Richland     .  . 
Sabine 

St.  Bernard 
St.  Charles   .    .  . 
St.  Helena    .    .  . 
St.  Landrv    .    .  . 
St.  Martin    .    .  . 
St  Mary 

St.  Tammany   .  . 
Tangipahoa    .  .  . 
Tensas    

Terrebonne  .... 

Vermilion     .... 
Vernon    

Washington    .  .  . 

West  Carroll    .  . 
West   Feliciana. 
Winn  

State  total  .  .  . 

70,313 

70,313 

MICHIGAN. 


Marquette  : 
Alcona    

2,342 

2,342 

Light  soil. 

Alger  

2,157 

2,157 

Fair  farming  land. 

Alpena    

1,280 

1,280 

Do. 

Antrim            . 

134 

134 

Do. 

4,426 

4,426 

Timbered  farming  land. 

920 

920 

Good  farming  land. 

Charlevoix    .... 

3,770 

3,770 

Fair  farming  land. 

Cheboygan    .... 

827 

827 

Do. 

16,601 

16,601 

Timbered  farming  land. 

Clare  

2,257 

2.257 

Fair  farming  land. 

Delta  

9,241 

9,241 

Timbered  farming  land. 

1,772 

1,772 

Do. 

Emmet    

102 

102 

Light  farming  land. 

Gladwin    

320 

320 

Do. 

12 


VACANT  PUBLIC  LANDS— Continued. 
MICHIGAN— Continued. 


Land  district  and 
county. 

Area  unappropriated  and  unre- 
served. 

Brief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

I"  n  sur- 
veyed. 

Total. 

Marquette  —  Con'. 
Grand    Traverse 
Hougbton     .... 
losco     

Acres. 
379 
331 
872 
1,042 
3,028 
10  951 

Acres. 

Acres. 
379 
331 
872 
1,042 
3.028 
10,951 
200 
1,047 
4,642 
3,144 
426 
10,139 
439 
38 
60.1 
1,917 
717 
80 
120 
846 
400 
582 
1,302 
280 
360 
15,970 
125 

Good  farming  land. 
Timbered  farming  land. 
Light  farming  land. 
Timbered;  sandy  loam. 
Lisht  soil  ;  some  timber. 
~   Do. 
Very  light  soil. 
Good  farming  land. 
Fair  farming  land  ;  some  timber. 
Do. 
Fair  farming  land. 
Timbered  farming  land. 
Fair  farming  land. 
Third-rate  farming  land. 
Timbered  farming  land. 
Good  farming  land. 
Fair  farming  land. 
Good  farming  land. 
Fair  farming  land. 
Good  farming  land. 
Do. 
Timbered  farming  land. 
Mostly  light  soil. 
Good  farming  land. 
Fair  farming  land. 
Fair  farming  land  :  some  timber. 
Good  farming  land. 

Iron    

Kalkaska    .  . 

Keweenaw    .... 
Lake     

200 
1,047 
4.642 
3,144 
425 
10,139 
439 
38 
605 
1,917 
717 
80 
120 
846 
400 
582 
1,302 
280 
360 
15,970 
125 

Leelenau     

Luce    

Macklnac    

Manistee     .  . 

Marquette    .... 
Mason     

Mecosta    

Menominee     .  .  . 
Missaukee     .... 
Montmorency     . 
Muskegon     .... 
Newavgo     

Ogemaw    

Ontonagon    .... 
Oscoda    

Otsego     

Presque    Isle.  .  . 
Schoolcraft     .  .  . 
Wexf  ord     

State    total.. 

105,130 

105,130 

MINNESOTA. 


Cass  Lake  : 
Beltrami     

284,280 

284,280 

Timbered  agricultural  •  swampy 

Cass    .    . 

5  540 

5,540 

Timber  brush  and  swamp 

Hubbard 

760 

760 

Timber  and  prairie 

Itasca    

6,020 

6.020 

Timbered  agricultural'  swampy 

Koochlching   .  .  . 

203,100 

45,965 

249,065 

Do. 

Total     

499,700 

45,965 

545,665 

Crookston  : 
Beltrami  

750,946 

750,946 

Brush  and  timber*  some  swamp 

Clearwater   .... 

5,305 

5,305 

Brush,  timber  and  swamp 

Kittson       

560 

560 

Good  land  •  some  swamp 

Marshall     

41,788 

41,788 

Do. 

Pennington    .... 

27,200 

27,200 

Reclaimed  swamps. 

Red    Lake 

454 

454 

Level  low  some  swamp 

173,434 

173,434 

Brush  land'  some  swamp 

Total     

999,687 

999,687 

Duluth  : 
AUkin    

1,400 

1,400 

Agricultural  and  timber 

Carlton     

920 

920 

Do 

Cass    

1,240 

1,240 

Cook     

132,950 

132,950 

Timber  iron  nickel'  light  soil 

Crow   Wing.  .  .  . 

320 

320 

Hubbard     

120 

120 

Broken  and  rough 

Itasca   

4,800 

4,800 

Largely    timber  •    gold    in    north, 

Kanabec    

120 

120 

with  light  soil  :  agricultural  in 
south  :  iron  belt  in  center,  run- 
ning east  and  west. 

Koochiching     .  . 

4.000 

4,000 

Agricultural  timber 

Lake    

39,400 

39,400 

Timber*  light  soil  •  iron 

350 

350 

Pine    .    . 

460 

460 

Pope     

40 

40 

Wet 

St     Louis     .... 

73,400 

73,400 

Iron  timber  and  agricultural 

120 

120 

Total 

259,640 

259  640 

State    total  .  . 

1,759,027 

45,965 

1,804,992 

13 


VACANT  PUBLIC  LANDS— Continued. 
MISSISSIPPI. 


Land  district  and 
county. 

Area  unappropriated  and  unre- 
served. 

Brief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

Unsur- 
veyed. 

Total. 

Jackson  : 
Adams     

Acres. 
240 
40 
2,660 
2,040 
1,400 
1,000 
360 
480 
680 
3,040 
5,100 
1,000 
800 
440 
3,980 
80 
2,760 
240 
200 
240 
480 
80 
1,080 
120 

960 
720 
280 
280 
3,940 
1,320 
2,120 
280 
320 
360 

280 
1,040 
400 

320 
520 
4,360 
2,500 
2,440 
1,540 
320 
120 

Acres. 

Acres. 
240 
40 
2,660 
2,040 
1,400 
1,000 
360 
480 
680 
3,040 
5,100 
1,000 
800 
440 
3,980 
80 
2,760 
240 
200 
240 
480 
80 
1,080 
120 

960 
720 
280 
280 
3,940 
1,320 
2,120 
280 
320 
360 

280 
1,040 
400 

320 
520 
4,360 
2,500 
2,440 
1,540 
320 
120 

Agricultural  and  timber  lands. 
Do. 
Do. 
Good  agricultural  land. 
Agricultural  and  timber  lands. 
Do. 
Do. 
Pine  woods  farming  land. 
Agricultural  and  timber  lands. 
In  pine  belt,  mostly  level. 
Agricultural  and  timber  lands. 
Do. 
Do. 
Do. 
Flat  surface,  sandy  soil. 
Good  farm  land,  somewhat  hilly. 
Agricultural  and  timber  lands. 
Farming  land,  somewhat  broken. 
Do. 
Do. 
Do. 
In  pine  belt.     Farming  land. 
Do. 
Broken,   good   timber   and   farm 
land. 
Agricultural  and  timber  land. 
Broken  timber  and  farm  land. 
Hilly  ;  good  farming  land. 
Level  ;  farm  and  grazing  lands. 
Agricultural  and  timber  lands. 
Do. 
Do. 
Broken;  good  farming  land. 
Agricultural  and  timber  lands. 
Generally  level  farming  and 
grazing  land. 
Generally  level  pine-woods  land. 
Agricultural  and  timber  lands. 
Generally  level  farming  and 
grazing  land. 
Agricultural  and  timber  lands. 
Very  hilly.     Away  from  river. 
Agricultural  and  timber  land. 
Do. 
Do. 
Do. 
Swampy  ;  good  farming  land. 

Amite    

Attala     

Carroll    

Choctaw     

Clarke     

Copiah     

Forest     

Franklin    

George    

Greene    .... 

Grenada    

Hancock   

Harrison    .... 

Horn    Island..  . 
Hinds     

Jackson     

Jasper     

Jefferson     
Jones    

Kemper     

I  .a  mar     

Lauderdale     .  .  . 
Lawrence     

Leake    

Leflore    

Lincoln    

Marion    

Monroe   

Montgomery    .  . 
Neshoba    

Newton     

Noxubee    

Oktibeha     

Pearl  River.  .  .  . 
Perry    

Smith     

Tallahatchie    .  . 
Warren    

Wayne    

Webster    

Wilkinson     
Winston     
Yalobusha    
Yazoo     

State    total  .  . 

51,960 

51,960 

MISSOURI. 


Springfield  : 
Barry    

36 

36 

Broken  timber  land 

Camden    

40 

40 

Timbered  land 

Douglas    

80 

80 

Hilly 

Hickory    

80 

80 

Broken  timber  land 

Iron    

120 

120 

Timbered  •  hilly 

McDonald     .... 

82 

82 

Broken  timber  land 

Madison    

80 

80 

Timbered  ;  hilly. 

Oregon    

80 

80 

Broken 

Ozark    

40 

40 

Timbered  '  hills  and  valleys 

Phelps     

40 

40 

Broken 

Pulaski     

184 

184 

Reynolds    .... 

40 

40 

Shannon     

208 

208 

Hilly  and  timbered 

Ste.    Genevieve. 

40 

40 

Taney    

120 

120 

Timber  lands,  hills,  and  valleys. 

Texas    

40 

40 

Hilly  farm  land 

Washington    ..  . 

40 

40 

Webster    

53 

53 

Wright     

40 

40 

State    total  .  . 

1,483 

1,483 

14 
VACANT  PUBLIC  LANDS— Continued. 

MONTANA. 


Land  district  and 
county. 

Area  unappropriated  and  unre- 
served. 

Brief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

Unsur- 
veyed. 

Total. 

Billings  : 
Carbon     

Acres. 
336,090 
73,019 
397,602 
459,351 

Acres. 
69,120 
806 
165,120 
460,800 

Acres. 
405,210 
73,825 
562,722 
920,151 

The    general    character    of    these 
lands  is  grazing,  dry  farming, 
timber,  and  stone  and  coal. 

Principally  arid. 
One-third  good  farming  land  ; 
two-thirds  mountainous. 
One-fourth  good  farm  land;  three- 
fourths  mountainous. 
Principally  arid. 
One-fourth   arid  ;    three-fourths 
mountainous. 
One-third  good  farm  land;  two- 
thirds  arid  and  mountainous. 
Grazing  and  mountainous. 
Arid  and  mountainous. 

Grazing  and  farming. 
Agricultural  and  grazing. 

Grazing  and  agricultural. 
Do. 
Broken,  grazing  land. 
Mountainous  and  agricultural. 
Agricultural  and  grazing. 

Mountainous,  grazing,  and  agri- 
cultural. 

'  i 

Mountainous  and  grazing. 
Mountainous  and  agricultural. 
Grazing  and  agricultural. 
Mountainous,  some  agricultural. 
Mountainous. 
Do. 
Mountainous,  grazing,  and  agri- 
cultural. 
Do. 
Do. 
Do. 
Do. 
Mountainous,  some  agricultural. 
Do. 
Do. 
Do. 

Valleys,  mountainous,  timber, 
grazing. 
Mountainous,  timberland. 
Agricultural,  timber,  valleys,  and 
mountainous. 

Musselshell     .  .  . 

Yellowstone    .  .. 
Total     

1,266,062 

695,846 

1,961,908 

Bozeman  : 
Broadwater    .  .  . 
Carbon     

24,31?t 
102,316 

48,507 

39,646 
137,770 

92,499 

382,802 
33,341 

12,160 

10,880 

11,139 

8,723 
112,682 

1,742 

36,473 
113,196 

59,646 

48,369 
250,452 

94,241 

382,802 
33,341 

(  Julia  t  in     

Jefferson     

Madison     

Park    

Sweet    Grass  .  .  . 
Yellowstone    .  .  . 

Total     

861,194 

157,326 

1,018,520 

Glasgow  : 
Dawson     

168,900 
2,366,735 

1,102,651 
2,746,287 

1,271,551 
5,113,022 

Valley    

Total    

2,535,635 

3,848,938 

6,384,573 

Great  Falls: 

92,980 
443,520 
1,640 
22,688 
643,200 

69,060 
12,960 
15,360 
26,240 
72,603 

162,040 
456,480 
17,000 
48,928 
715,803 

Chouteau     

Lewis  &  Clarke. 
Teton    

Total     

1,204,028 

196,223 

1,400,251 

Havre  : 
Chouteau    

Helena  : 
Beaverhead    .  .  . 
Broadwater    .  .  . 
Cascade    

1,692,680 

2,009,305 

3,701,985 

286,536 
97,402 
13,682 
43,102 
6,728 
85.530 
2,259 

837,377 
348,944 
274,137 
6,336 
124,566 
90,419 
9,067 
34,732 

224,701 
87,785 
14,133 
18,809 

511,237 
185,187 
27,815 
61,911 
6,728 
147,239 
183,094 

946,710 
966,412 
344,167 
26,760 
350.466 
106,718 
9,067 
109,770 

Deerlodge    

Gallatin 

Granite     

61,709 
180,835 

108,333 
617,468 
70,030 
20,424 
225,900 
16,299 

Jefferson     

Lewis  &  Clarke. 
Madison     

Park    

Powell    

Silverbow    

Sweet    Grass  .  .  . 
Teton    

75,038 

Total    

2,261,817 

1,721,464 

3,983.281 

Kalispell  : 
Flathead     

133,252 

3,785 

49,788 

960 

134,212 

3.785 

49,788 

Total    

186,825 

960 

187,785 

15 


VACANT  PUBLIC  LANDS— Continued. 
MONTANA— Continued. 


Land  district  and 
county. 

Area  unappropriated  and  unre- 
served. 

Brief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

I'nsur- 
veyed. 

Total. 

Lewlstown  : 
Choutcau    .... 

Acres. 
70,608 
210,661 
910,203 

27,607 
309,741 
13,760 
40,494 

Acres. 

i7,^::i 

31  !!..",(  Ill 
1,012,000 

31,140 
56,750 
130,450 

Acres. 
96,842 
580,161 

1,922,203 

58,747 
:',<;<!,  4!»1 
144,210 
40,494 

Broken,  grazing. 
Do. 
Grazing,  farming,  timber,  and 
mountainous. 
Farming  and  grazing. 
Do. 
Broken,  grazing. 
Farming  and  grazing. 

Grazing  and  agricultural. 
Do. 
Do. 

Arid  and  grazing. 
Mountainous,  timber,  mineral. 
Small  valleys,  mountains,  timber, 
mineral. 
Mountains,  timber,  graz.,  min'ral. 
Do. 
Agricultural,  timber,  mineral, 
mountainous. 

Dawson     

Fergus    

Moaghcr     .... 

Musselshell     .  .  . 
Rospbud    

Sweet    Grass  .  .  . 
Total     

1,592,074 

1,567,074 

3,159,148 

Miles  City: 
Custer     

1,636,002 
890,502 
1,001,799 

2,339,395 

2,252.0.-)!» 
416,242 

3,975,397 
3,142,561 
1,418,041 

Dawson     

Rosebud    

Total     

3,528,303 

5,007,696- 

8,535,999 

Missoula  : 
Beaverhead    .  .  . 
Granite     

2,608 
26,808 
95,709 

9,671 
1,357 
18,947 

60,014 
13,365 
1,333,538 

19,320 
97,654 
18,205 

62,622 
41,173 
1,429,247 

28,991 
99.011 
37,152 

Missoula     

Powell     

Ravalli    

ganders     

Total     

155,100 

1,542,096 

1,697,196 

State   total..  . 

15,283,718 

16,746,928 

32,030,646 

NEBRASKA. 


Alliance  : 
Banner    

9,960 

9,960 

High  table-land,  hilly. 

Boxbutte     

7,320 

7,320 

Level  prairie. 

9,280 

9,280 

Table  and  broken  timber. 

145,160 

145,160 

Grazing. 

Morrill     

57,640 

57,640 

Sand  hills. 

Scotts     Bluff.  .  . 

55,220 
76  800 

55,220 

76,880 

Prairie  and  sandy. 
Prairie,  table  and  sand  hills. 

Sioux 

57,180 

57,180 

Sandy  and  rough  timber. 

Total 

418  560 

418  560 

Brokenbow  : 
Blaine 

17,160 

17,160 

Grazing,  sandy. 

6,760 

6,760 

Do. 

90,080 

90,080 

Do. 

Custer     

1,160 

1,160 

Do. 

Grant    

44,930 

44,930 

Do. 

70  !)60 

76,960 

Do. 

Logan    
McPherson     .  .  . 

21.SM 

58.946 

21,560 
58,946 

Do. 
Do. 

Thomas  

76,800 

76,800 

Do. 

Total     

394,356 

394,356 

Lincoln  : 
Chase    

4,440 

4,440 

Broken  and  sandy  ;  grazing  land. 

2  167 

2,167 

Do. 

240 

240 

Sandy  and  grazing. 

Hall    

37 

37 

Sandy  river  bottom  land. 

Hayes    

2,040 

2,040 

Broken  and  grazing  lands. 

720 

720 

Rough  and  sandy  :  grazing  land. 

Howard 

48 

48 

Sandv  river  bottom  land. 

Redwillow    .  .    . 

160 

160 

Broken  and  grazing  land. 

Total     .    ... 

9  880 

0,880 

16 


VACANT  PUBLIC  LANDS— Continued. 
NEBRASKA — Continued. 


Land  district  and 
county. 

Area  unappropriated  and  unre- 
served. 

Brief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

Unsur- 
veyed. 

Total. 

North   Platte: 
Banner   

Acres. 
280 
553 
167 
6,568 
2,121 
1,462 
4,235 
959 
9,456 
1,615 
309 

Acres. 

Acres. 
280 
553 
167 
6,568 
2,121 
1,462 
4,235 
959 
9,456 
1,615 
309 

Grazing. 
Do. 
Broken,  grazing. 
Grazing. 
Do. 
Do. 
Broken  and  grazing. 
Grazing,  broken  and  sandy. 
Grazing  and  sandy. 
Grazing. 
Grazing  and  sandy. 

Sandy,  grazing. 
Rough  land. 
Sandy,  grazing. 
Do. 
Do. 
Sandv  and  broken. 
Do. 
Broken. 
Do. 
Sandy  and  broken. 
Sandy,  rolling,  grazing  land. 
Sandy. 
Sandy,  grazing. 

Rough,  grazing,  and  small  valleys. 
Do. 
Do. 
Do. 

Cheyenne    .  . 

Deuel   

Garden    

Keith    

Kimball    

Lincoln    

Logan    

McPherson    .... 
Merrill    

Perkins    

Total    

27,725 

27,725 

O'Neill  : 
Boone    

760 
496 
60 
34 
2 
2,800 
5,320 
152 
197 
11,840 
40 
680 
1,740 

760 
496 
60 
34 
2 
2,800 
5.320 
152 
197 
11,840 
40 
680 
1,740 

Boyd   

Burt    

Cumming    

Douglas    

Garneld    

Holt    

Keyapaha     .  . 

Knox  

Loup   

Madison    

Rock    

Wheeler  

Total  

24,121 

24,121 

Valentine  : 
Brown    

19,428 
435,349 
960 
6,120 

19.428 
435,349 
960 
6,120 

Cherry 

Keyapaha   
Rock    

Total 

461,857 

461,857 

State  total... 

1,336,499 

1,336,499 

NEVADA. 


Carson   City  : 
Churchill    

Clarke    

1,346,064 
3,170,069 

1,501,823 
1,178,150 

2,847,887 
4,348,219 

Mountainous,  arid  grazing  land, 
little  timber. 
Do 

Douglas    

181,861 

14,340 

196,201 

Do 

Elko    

6.102,893 

794,764 

6,897,657 

Do. 

Esmeralda    .... 
Eureka    

1,052,845 
914,719 

906,625 
1,220,884 

1,959,470 
2,135,603 

Do. 

Mountainous,  arid  grazing  land 

Huraboldt    
Lander    

.°,.072.r,08 
1.207,885 

4,825,632 
1,720,771 

7,898,140 
2,928,656 

no  timber. 
Do. 
Do. 

Lincoln    

2.^52,490 

4,463,480 

6,715,970 

Do. 

Lyon    
Mineral     

339,873 
1.189.624 

296.390 
717,762 

630,269 
1,907.386 

Do. 

Mountainous  arid  little  timber 

3,616,223 

5,494,528 

9,110,751 

Mountainous  arid  grazing  land 

Ormsby  

26,886 

19,980 

46,866 

little  timber. 
Mountainous,  arid  grazing  land 

Storey     

55,972 

45,132 

101,104 

second  growth. 
Mountainous  arid  grazing  land 

Washoe    

1,862,702 

1,119,732 

2,982,434 

no  timber. 
Mountainous,  arid  grazing  land 

White    Pine  

2,532,157 

1,738,378 

4,270,535 

second  growth. 
Mountainous,  arid  grazing  land, 
little  timber. 

State  total... 

28,924,771 

26,058,377 

54,983,148 

17 

VACANT  PUBLIC  LANDS— Continued. 
NEW  MEXICO. 


Land  district  and 
county. 

Area  unappropriated  and  unre- 
served. 

Brief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

Unsur- 
veyed. 

Total. 

Clayton  : 
Colfax     

Acres. 
148,160 
73,600 
31,200 
929,280 
16,960 

Acres. 

Acres. 
148,160 
73,600 
31,200 
929,280 
16,960 

Arid,  broken,  and  grazing. 
Grazing  mostly,  some  broken. 
Grazing. 
Grazing  and  broken. 
Grazing. 

Broken  and  grazing. 
Grazing. 
Broken  and  grazing. 
Grazing. 
Broken  and  grazing. 

Grazing,  mountainous. 
Mountainous.some  plains  for 
grazing. 
Grazing  lands. 
Mountainous  and  broken. 
Mountainous,  grazing. 
Mountainous,  table-lands  for 
grazing. 

Grazing,  rolling  prairie. 
Mostly  prairie,  some  timber  in 
mountains. 
Grazing,  timber  in  mountains. 
Grazing  land. 
Prairie  grazing  land. 

Mountainous,  timber,  and  grazing. 
Mountainous,  grazing. 
Grazing  and  agricultural. 
Mountainous  and  grazing. 
Do. 
Do. 
Do. 
Grazing  and  agricultural. 
Do. 
Mountainous  and  grazing. 
Do. 
Do. 
Timber,  agricultural,  grazing, 
and  salt  lands. 
Grazing  and  agricultural. 

Sandy,  reasonably  level  land. 
Grazing  and  broken. 
Do. 
Grazing. 
Grazing  and  broken. 

Mora   

San  Miguel  
Union    

Quay  

Total  

Fort   Sumncr  : 
Chaves  

1,199,200 

1,199,200 

815,016 
27,559 
421,780 
543,440 
194,120 

815,016 
27  559 

Curry    

Guadalupe    .... 
Lincoln    

421,780 
543,440 
196,400 

Koosevelt    

2,280 

Total    

2,001,915 

2,280 

2,004,195 

Las  Cruces  : 
Dona  Ana.  .     .  . 

1,711,851 
1,238,950 

1,069,165 
1,056,878 
1,003,442 
2,861,443 

230,400 
1,669,490 

472,240 
581,628 
92,160 
1,414,310 

1,942,251 
2,908,440 

1,541,405 
1,638,506 
1,095,602 
4,275,753 

Grant    

Luna   

Otero    

Sierra    

Socorro  

Total  

8,941,729 

1,546.900 
1,167,590 

109,072 

4,460,228 

1,097,760 
1,745,400 

413,880 
761,600 

13,401,957 

2,644,660 
2,912,990 

1,514,600 
761,600 
180,200 

Roswell  : 
Chaves    

Eddy   

Lincoln    

Otero    

Torrance    

180,200 

Total  

3,985,410 

4,018,640 

8,004,050 

Santa  Fe  : 
Bernalillo    
Colfax     

77,940 
42,980 
578,240 
696,580 
161,410 
343,765 
295,080 
966,280 
486.390 
241,280 
804,120 
189,680 
631,550 

870,830 

38,400 

116,340 
42.980 
595,760 
868,980 
184,450 
528,205 
668,900 
1,434,280 
353,510 
354,440 
881,560 
466,480 
779,390 

1,003,250 

Guadalupe  

17,520 
172,400 
23,040 
184,440 
373,820 
468,000 
137,120 
113,160 
77,440 
276,800 
147,840 

132,420 

McKinlev    

Mora  

Rio    Arriba  
Sandoval    

San  Juan  

San    Miguel  .... 
Santa   Fe  

Taos    

Torrance  

Valencia   

Total   

6,386,125 

2,162,400 

8,548,525 

Tucumcari  : 
Curry   
Guadalupe    .... 
Quay   

29,563 
98,098 
300,420 
20,121 
130,938 

2V.366 
10,000 

29,563 
98,098 
324,720 
30,121 
130,938 

San  Miguel  
Union    

Total  

579,140 

34,300 

613,440 

State    total.. 

23,093.519 

10,677,848 

33,771.367 

18 


VACANT  PUBLIC  LAND&— Continued. 
NORTH    DAKOTA. 


Land  district  and 
county. 

Area  unappropriated  and  unre- 
served. 

Brief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

T'nsur- 
veyed. 

Total. 

Bismarck  : 
Burleisjh   .  . 

Acres. 
3,121 
3.206 
6,716 
2,538 
3,292 
1,255 
10,374 
31,103 
3,162 
1,474 
378 

Acres. 

Acres. 
3,121 
3,200 
6,716 
2,538 
3.292 
1.255 
10,374 
31,103 
3,162 
1,474 
378 

Agriculutural  and  grazing. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Grazing  and  broken. 

Do. 

Prairie,  farming. 
Broken,  farming,  and  grazing 
lands. 
Prairie,  farming. 
Grazing  and  farming. 
Do. 

Agricultural  and  grazing. 
Do. 
Do. 
Do. 
Do. 
Do. 

Farming  and  grazing  lands. 
Do. 
Grazing. 
Farming  and  grazing  lands. 
Do. 
Grazing. 
Agricultural  and  grazing. 
Farming  and  grazing  lands. 

Grazing  and  farming. 
Do. 
Grazing,  and  broken  farming 
lands. 
Do. 
Grazing  and  farming. 
Grazing,  and  broken  farming 
lands. 

Broken,  grazing. 
Do. 
Grazing,  and  broken  farming 
lands. 
Do. 
Do. 

Emmons    

Kidder   

Mclntosh      .  .  . 

McLean     ... 

Mercer  

Morton    

Oliver 

Sheridan    .  .    .  . 

Wells    

Total 

66,619 

66.619 

Devils  Lake  : 
Benson    

1.825 
360 

5,760 
900 
2,970 

1.825 
360 

5,760 
900 
2,970 

Eddv  

McHenrv 

McLean*  .       ... 

Total       .    . 

11,815 

11,815 

Dickinson  : 

1.280 
324,396 
76,966 
100.196 
226,606 
880 

1,280 
324,396 
76,966 
100,196 
226.600 
880 

Billings 

Bowman 

Dunn    

McKenzie    

Stark 

Total     .... 

730,324 

730,324 

Fargo  : 
Dickey   

836 
42 
158 
1,819 
125 
177 
170 
977 
40 

836 
42 
158 
1,819 
125 
177 
17(/ 
977 
40 

Eddv 

Grig^s 

Kidder     .... 

Ransom    

Ricbland 

Stutsman    .    ... 

Wells   

Total 

4,344 

4.344 

Minot  : 
Burke    

3.880 
600 
1,120 

16,400 
840 
3,440 

3,880 
600 
1,120 

16,400 
840 
3,440 

Divide 

McLean     

Montrail    

Renville    

Ward      

Total  

26.280 

26,280 

Williston: 

0  .">.•{  7 

6.537 
42,741 
299,529 

27.421 
84,723 

Divide    

IL'.TH 
299,529 

27.421 
84,723 

McKinzie    
Montrail    . 

Williams    

Total  

460,951 

460,951 

State    total.. 

1,300,333 

1,300,333 

19 


VACANT  PUBLIC  LANDS— Continued. 
OKLAHOMA. 


Land  district  and 
county. 

Area  unappropriated  and  unre- 
served. 

Brief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

Unsur- 
veyed. 

Acres. 

Total. 

Guthrie  : 
Kiaine    

Acres. 
1,385 
650 
794 
489 
458 
4,236 
5,053 
33 
277 
640 
10 
9 
8 
150 
4,740 
80 

Acres. 
1,385 
650 
794 
489 
458 
4,236 
5,053 
33 
277 
640 
10 
9 
8 
150 
4,740 
80 

Grazing  land. 
Mountainous  and  sandy. 
Grazing  land. 
Rough  grazing  land. 
Broken  and  rocky. 
Grazing  lands. 
Do. 
Rough  grazing  land. 
Grazing  lands. 
Mountainous. 
Sandy  grazing  lands. 
Grazing  lands. 
Do. 
Rough  grazing  land. 
Grazing  lands. 
Rough  grazing  lands. 

Rough,  unfit  for  cultivation. 
Mountainous. 
Rough,  unfit  for  cultivation. 
Do. 
Do. 
Gracing  lands. 

Caddo    

Canadian    
Cleveland     
C'uster    

Ellis    

Dewev    

Grant    

Kingfisher     .... 
Kiowa    

Lincoln       

Logan    

Oklahoma    
Pottawattomie 
Roger    Mills.... 
Washita    

Total  

19,012 

19,012 

Lawton  : 
Beckham    

9,310 
1,298 
6,580 
2,905 
3,694 
120 

9,310 
1,298 
6,580 
2,905 
3,694 
120 

Comanche    

Greer    

Jackson    

Roger  Mills  
Tillman    

Total  

23,907 

23,907 

Woodward*    

Stato   total.  .. 

42.919 

42,919 

OREGON. 


Burns  : 
Crooks    

88,075 
180.210 
2,587.957 
13,080 

88,075 
183,250 
3,913.279 
13,080 

Principally  grazing  :  some  timber, 
grazing,  timber,  and  farming. 
Do. 
Do. 

55  per  cent  timbered  mountains, 
10  per  cent  arid.  25  per  cent 
grazing,  10  per  cent  farming. 
50  per  cent  timbered  mountains, 
35  per  cent  grazing,  15  per  cent 
farming. 
25  per  cent  timbered  mountains, 
40  per  cent  grazing,  25  per  cent 
arid,  10  per  cent  farming. 
30  per  cent  timbered   mountains. 
30   per  cent  arid,   35   per   cent 
grazing,   5  per  cent  farming. 
75   per  cent   timbered  mountains, 
15  per  cent  grazing,  10  per  cent; 
farming. 
.">0  per  cent  timbered  mountains, 
45  per  cent  grazing,  5  per  cent 
farming. 

One-tenth   mountainous,   two- 
tenths  agricultural,  seven- 
tenths  grazing. 
Two-tenths     timber,     three-tenths 
agricultural,  five-tenths  grazing. 
Three-tenths      timber,      one-tenth 
mountainous,  three-tenths  agri- 
cultural,   three-tenths   grazing. 

Grant    

3,040 
1,325,322 

Harney    

Wheeler    

Total  

2.869,322 

1,328,362 

4,197,684 

La  Grande  : 
Baker    

401,680 
194,680 
59,240 
115,960 
58,960 
158,560 

25,500 

427,180 
194,680 
59,240 
115,960 
58,960 
172,000 

Grant  

Morrow    
Umatilla    

Union    
Wallowa    

13,400 

Total  

Lakeviow  : 
Crook    

989,080 

39,940 

1,028,020 

422,946 

738,120 
2,134.  r.L'n 

48,500 

123,473 
446,930 

471,446 

861,593 
2,581,450 

Klamath        .  .  . 

Lake    

Total   

3,295.586 

618,903 

3,914,489 

*No  vacant  or  unappropriated  land  in  this  district. 


20 


VACANT  PUBLIC  LANDS— Continued. 
OREGON — Continued. 


Land  district  and 
county. 

Area  unappropriated  and  unre- 
served. 

Brief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

Unsur- 
veyed. 

Total. 

Portland  : 
Benton    

Acres. 
1,981 
8,389 

1,339 
40 
14,846 
1,760 
40 
2,360 
451 
29,976 
360 

4,287 

Acres. 
440 

Acres. 
2,421 
8,389 

6,259 
40 
56,362 
18,760 
40 
2,360 
451 
29,976 
360 

4,287 

Broken,  grazing  lands. 
Timbered,  farming,  and  grazing 
lands. 
Timbered  and  grazing  lands. 
Broken,  grazing,  agricultural. 
Timber  and  grazing  lands,  broken. 
Timber  and  grazing  lands. 
Farming  and  timber  lands,  broken. 
Timberland. 
Broken.timber,  and  grazing  lands. 
Timber  and  grazing  lands,  broken. 
Broken,  timbered,  grazing,  agri- 
cultural. 
Rolling,  timber,  and  grazing  lands. 

Timber  and  grazing  lands. 
Timber,  agricultural. 
Mountainous,  timber. 
Mineral,  grazing  and  agricultural. 
Timber,  grazing,  fruit. 
Fruit,  farming,  and  mining. 
Timberland. 
Timber,  farming,  and  mining. 
Broken,  grazing. 
Hilly,  grazing. 

Lands  in  district  are  broken  and 
hilly,    and   principally   adapted 
to  grazing  purposes.  There  are 
some    small    valleys    and    some 
undulating    table-lands     which 
constitute  good  farming  lands. 
Greater  portion  is  broken,  hilly, 
and  mountainous. 

Grazing,  timber,  and  farming. 
Do. 
Do. 
Do. 

Clackamas    .... 
Clatsop  

4,920 

Columbia    

Lincoln     

41,516 
17,000 

Linn    

Marion    

Multnomah     .  .  . 
Polk    

Tillamook   

Washington    .  .  . 
Yamhill     

Total     

65,829 

63,876 

129,705 

Roseburg  : 
Benton    

4,051 

Ifi.SitO 
34,984 
27,072 
50,556 
30,337 
600 
20,028 
1,140 
277 

4,051 
23,819 
36,224 
41,532 
53,436 
55,725 
600 
20,028 
1,140 
277 

Coos    

6,920 
1,240 
14,460 

2,880 
25,388 

Curry    

Douglas    

Jackson    

Josephine  

Klamath   

Lane   

Lincoln     

Linn    

Total     

185,944 

50,888 

236,832 

The  Dalles  : 
Crook    

931,000 
104,120 
43,920 
840 
21,000 

56.680 

235,015 
284,000 

11,520 
1,760 

942,520 
105,880 
43,920 
840 
21.000 
57,320 
235,015 
284,000 

Gilliam     

Grant    

Hood  River.  .  .  . 
Morrow  

Sherman  

640 

Wasco     

Wheeler    

Total    .... 

1,676,575 

13,920 

1,690,495 

Vale: 
Baker    

313,833 
44,565 
596,594 
3,419,918 

313,833 
44,565 
396,594 
5,300,958 

Grant    

Harney   
Malheur    

'i,88i',646 

Total     

4,174,910 

1,881,040 

6,055,950 

State    total  .  . 

13,257,246 

3,995,929 

17,253,175 

SOUTH  DAKOTA. 


Bellefourche  : 
Butte 

684  720 

684  720 

Prairie,  graaing,  and  farming. 

Harding    
Lawrence   

290,400 
5,880 

290,400 
5,880 

Do. 
Mountainous. 

57  720 

57,720 

Broken,  grazing 

Total  

1,038,720 

1,038,720 

Chamberlain  : 
Brule 

1  990 

1,990 

Broken  and  grazing  lands. 

14,680 

14,680 

Rough  and  rolling  grazing  lands. 

46  580 

46,580 

Do. 

Total 

63  250 

63,250 



21 


VACANT  PUBLIC  LANDS— Continued. 
SOUTH   DAKOTA— Continued. 


Land  district  and 
county. 

Area  unappropriated  and  unre- 
served. 

Brief  description  of  character  ot 
unappropriated  and  unre- 
served land. 

Surveyed. 

Unsur- 
veyed. 

Total. 

Gregory  : 

Acres. 
7,826 
49,685 

Acres. 

Acres. 
7,826 
49,685 

Mountainous. 
Grazing  and  farming. 

Prairie  land  ;   much   of  it   rough 
and    rolling    and    with    many 
buttes  ;  stony  hills. 

Lake  beds  and  stony. 
Farming  and  grazing  lands. 
Grazing  lands. 
Do. 
Broken. 
Lake  beds  and  stony. 
Grazing  lands. 
Farming  and  grazing  lands. 

Broken,      agricultural,      mineral, 
timber,  and  grazing. 
Part  hilly;  agricultural,  grazing, 
and  timbered. 
Broken  timbered,  mining  and 
prairie,  agricultural  and  grazing 
Part  hilly  and  part  prairie  :  min- 
eral,   agricultural,    and    timber 
land. 
Agricultural,  grazing,  mineral,  and 
timbered;  partly  mountainous. 

Swampy. 
Agricultural  and  grazing. 
Rolling,  farming,  and  grazing. 
Lowlands. 
Rolling,  farming,  and  grazing. 
Agricultural  and  grazing. 
Do. 
Rough. 
Rolling,  farming,  and  grazing. 
Agricultural  and  grazing. 

Trim) 

Total  

r>7,.~ii  i 

57,511 

Lommon  : 
Corson   (S.  D.)  . 
Harding  (S.  I).  ) 
Morton    (N.   D.) 
Perkins   (S.  D.) 

Total     .... 

250.414 
214,080 
43,397 

137,480 

250,414 
214,080 
43,397 
137,480 

645,371 

645,371 

Pierre  : 
Hand    

62 
2,360 
33 
1,560 
1,595 
560 
268,460 
9,990 

62 
2,360 
33 
1,560 
1,595 
560 
268,460 
9,990 

Hughes   

Hyde  .... 

I.  VI1KUI       

Potter  

Spink 

Stanley   . 

Sully     

Total     . 

284,680 

i 

284,620 

Ranid   City: 
Custer     

90,120 
200,530 
1,720 
168,900 

257,100 

84,000 
16,640 
22,080 

174,120 
217,170 
23,800 
168,900 

257,100 

Fall  River  

Lawrence    

Pennington     .  .  . 
Total  

718,370 

122,720 

841,090 

Timber    Lake  : 
Brown     

160 
1,800 
90,440 
65' 
201,368 
80 
80 
40 
448.  W.\ 
240 

160 
1,800 
90,440 
65 
201,363 
80 
80 
40 
448,463 
240 

Campbell     
Corson    

Day  

Dewey     
Edmunds    
McPherson   .... 
Marshall  .      .  . 

Schnasse     
Walworth  

Total     . 

742,731 

742,731 

State  total  .  . 

3,550,573 

122,720 

3,673,293 

UTAH. 


Salt  Lake  City  : 
Beaver    

299,731 

1,069,599 

1,369,330 

Generally  arid,   grazing,   and 

Boxelder  

1,473,872 

569,952 

2,043,824 

mountainous. 
Do. 

Cache    

53,675 

239,057 

292,732 

Do. 

Carbon    

522,856 

215,146 

738,002 

Do. 

Davis    

32,642 

10;964 

43,606 

Do. 

Emery     

331,491 

1,835,881 

2,167,372 

Do. 

Garfleld    

327,942 

2,221,661 

2,549,603 

Do. 

Grand    

507  r.HT 

1,295,744 

1,803,351 

Do. 

Iron    

448,558 

862,388 

1,310,946 

Do. 

juab    

615  054 

1,164.064 

1,779,118 

Do. 

Kane     

504,239 

1,812,931 

2,317,170 

Do. 

Millard   

1,202.083 

2,322,015 

3,524,098 

Do. 

Morgan   

52.062 

62.056 

114.118 

Do. 

VACANT  PUBLIC  LANDS— Continued. 
UTAH— Continued. 


Land  district  and 
county. 

Area  unappropriated  and  unre- 
served. 

Brief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

Unsur- 
veyed. 

Total. 

Salt    Lake    City— 
Contd. 
Piute  

Acres. 
147,563 

298,060 
23,701 
236,853 
304,546 
526,062 
119,870 
1,263,633 
105,522 
16,668 
391,079 
220,425 
83,829 

Acres. 

78,875 

21,487 
29,335 
3,669,011 
38,691 
200.999 
7,557 
2,402,608 
361  ,525 
291,567 
521,246 
1,197,756 
25,211 

Acres. 
226,438 

319,547 
53,036 
3,905,864 
343,237 
727,061 
127,427 
3,666,241 
467,047 
308.235 
912,325 
1,418,181 
109,040 

Generally  arid,  grazing,and 
tainous. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 

Arid,  mountainous,  mineral 
cultural,  grazing. 
Do. 

moun- 
,  agrl- 

Rich    . 

Salt  Lake  

San  Juan  

Sanpete  

Sevier    

Summit  

Tooele   

Utah    

Wasatch    

Washington   .  .  . 
Wavne     

Weber  

Total  

10,109,623 

22,527,326 

32,636,949 

Vernal  : 
Uintah    

1,013,774 
464,172 

919,709 

1,933,483 
464,172 

Total  

1,477,946 

919,709 

2,397,655 

State  total  .  .  . 

11,587,569 

23,447,035 

35,024,604 

WASHINGTON. 


North  Yakima  : 
Benton              .  . 

65  200 

65,200 

Irrigated,  arid,  mountainous. 

Grant    
Kittitas    

24,680 
125,000 

220,666 

24,680 
345,000 

Do. 
Irrigated,  arid,  mountainous  timbei 

Yakima  

87,000 

274,500 

361.500 

Irrigated,  arid,  mountainous. 

Total     

301,880 

494,500 

796,380 

Olympia  : 

240 

240 

Mountainous  timbered  lands. 

146 

146 

Do. 

King 

1,053 

1,053 

Do. 

40 

40 

Do. 

975 

975 

Do. 

281 

281 

Do. 

44 

44 

Do. 

Total 

2  779 

2,779 

Seattle  : 
Clallam  

1,600 

1,000 

2,600 

Mountainous  and  broken:  good 

400 

400 

supply  of  excellent  timber. 
Rough  and  broken. 

King    

3.000 

2.500 

5,500 

Broken  and  mountainous. 

2  500 

2,500 

Broken,  with  little  timber 

Skagit  . 

5,800 

8.666 

13,800 

Broken,  heavily  timbered,  and 

2,000 

2,000 

mountainous. 
Do. 

Whatcom    

3,500 

5.000 

8,500 

Do. 

Total     

16,800 

18,500 

35,300 

Spokane  : 

17,666 

17,666 

Arid  lands   valuable  for  fruit  and 

1.500 

1,500 

grain. 
Arid  lands 

Ferry     

36,432 

10,880 

47,312 

Farming,  grazing,  timber,  and 

44,189 

44,189 

mineral. 
Farming  and  grazing 

Okanogan   

11,302 
1,259 

19,960 

31.262 
1,259 

Farming,  grazing,  and  mineral. 
Do. 

Stevens     

148.560 

195,180 

343,740 

Mountainous,    farming,    and    min- 

545 

545 

eral. 
Grazin<T  lands 

Total   

259,953 

227,520 

487,473 

23 


VACANT  PUBLIC  LANDS— Continued. 
WASHINGTON — Continued. 


Land  district  and 
county. 

Area  unappropriated  and  unre- 
served. 

Jiricf  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

T'nsur- 
vcyed. 

Total. 

Vancouver  : 
Clarke  

Acres. 
1.721 
3,«>7t> 
31,345 
I,ti12 
540 
4.:{sr» 
<•:> 

Acres. 
560 
7,080 
1,280 
2,240 

Acres. 
2,281 
10,75C 
32,62', 
3,852 
540 
8,425 
62 

Timbered  and  agricultural. 
Do. 
limbered,  agricultural,  grazing. 
Timbered  and  agricultural. 
Do. 
Do. 
Timbered. 

Prairie,  farming,  and  grazing 
lands. 
Mountainous,  some  timber,  and 
prairie. 
Desert,  grazing,  some  timber, 
prairie,  and  farming. 
Mountainous,  some  timber,  and 
prairie. 
Prairie,  grazing  lands  ;  no  timber. 
Farming,  grazing  and  timber. 
Grazing  and  farming;  some  tim- 
ber. 
Do. 
Prairie,  farming,  and  grazing 
lands. 

Mountainous,  timber,  farming. 
Do. 
Prairie,  farming,  and  grazing. 
Do. 

Cowlitz   

Klickitat  

Lewis    

Pacific  

Skamania   

4,040 

Wahkiakum    .  .  . 
Total  

43,:<:{r> 

15,200 

58,535 

Walla  Walla  : 
Adams     

11,227 
68,349 
35,034 
11,969 

35,595 
8,035 
13,517 

12,295 
15,991 

11,227 

68,349 
35,934 
11,969 

35,595 
8,035 
13,517 

12,295 
15,991 

Asotin   

Benton    

Columbia    

Franklin   

Garfield  .... 

Klickitat  

Walla    Walla... 
Whitman    

Total  

212,912 

212,912 

Watervllle  : 
Chelan    

27.428 
73,122 
95,388 
162,634 

2,560 
4,080 

l'9,266 

29,988 
77,202 
95,388 
181,834 

Douglas    

Grant    
Okanogan   ..... 

Total     .  .    . 

358,572 

25,840 

384,412 

State  total.  .  . 

1,196.231 

781.560 

1.977.7!'! 

WISCONSIN. 


Wausau  : 
Adams  

100 

100 

Scrubbv  oak  openings  sandy 

Ashland    

60 

60 

Farming  and  timber  lands. 

Barron    

40 

40 

Level  timber  lands. 

Bayfleld    

2  640 

2  640 

Farming  and  timber  lands 

Buffalo    

200 

200 

Broken,  agricultural  lands. 

Burnett  

2,280 

2,280 

Ordinary  agricultural  lands. 

Chippewa   

160 

160 

Timber  and  agricultural  lands. 

Clark  

360 

360 

Do. 

Douglas    

1  440 

1,440 

Farming  and  timbered  lands. 

Dunn  

240 

240 

Timbered,  broken,  agricultural 

Eau  Claire  

240 

240 

lands. 
Agricultural  lands 

Florence   

80 

80 

Broken,  timbered  lands. 

Forest  

160 

160 

Heavily  timbered  lands. 

Iron  

120 

120 

Stony 

Jackson  

440 

440 

Agricultural  lands. 

Juneau    

80 

80 

Do. 

Lincoln  

40 

40 

Heavily  timbered,  some  swampv. 

Marathon   

100 

100 

Broken. 

Marinette   

600 

600 

Swampy,  timbered  lands. 

Monroe    

440 

440 

Agricultural  and  grazing. 

Oconto    

160 

160 

Timbered  lands. 

Oneida    

1  000 

1,000 

Heavily  timbered,  part  swampv. 

Polk    

400 

400 

Farming. 

Portage     

40 

40 

Sandy  soil. 

Price  

320 

320 

Timbered  lands. 

Rusk   

280 

280 

Broken. 

Sawver   

400 

400 

Timbered,  farming,  swampy. 

Shawano 

40 

4C 

Swampy. 

Taylor  

120 

120 

Timbered  lands. 

Trempealeau    .  . 

80 

80 

Broken  lands. 

Vilas  

120 

120 

Heavily  timbered,  part  swampy. 

Washburn  

720 

720 

Timbered,  agricultural  lands. 

State  total.  .  . 

13,500 

13,500 

24 

VACANT  PUBLIC  LANDS— Continued. 
WYOMING. 


Land  district  and 
county. 

Area  unappropriated  and  unre- 
served. 

Brief  description  of  character  of 
unappropriated  and  unre- 
served land. 

Surveyed. 

L7nsur- 
veyed. 

Total. 

Buffalo  : 
Bighorn    

Acres. 
2,320,424 

10,400 
304,252 
12,536 
2,166,133 

70,838 
743,050 

298,554 

Acres. 
560,577 

Acres. 
2,881,001 

10,400 
304,252 
12,530 
2,201,333 

70,838 
916,170 

298,554 

Grazing,  mountainous,  timber, 
agricultural. 
Grazing. 
Do. 
Do. 
Agricultural,  grazing,  timber, 
mountainous. 
Grazing. 
Timber,  grazing,  agricultural, 
mountainous. 
Grazing. 

About     one-half    county    broken, 
mountainous   land.    Other   half 
prairie,    grazing,    and    farming 
lands  ;  farm  land  along  streams. 
Greater  portions  broken,  moun- 
tainous land  ;  some  timber,  ag- 
ricultural land  along  streams. 
Mountainous,  arid,  timber. 
Principally    prairie    and     broken 
grazing  lands,  with  agricultural 
land  along  streams  which  can 
be  irrigated. 
Mountainous,  broken  and  alkaline 
plains. 

Grazing,  mountainous,  and  mineral. 
Grazing  and  mountainous. 
Grazing,  mineral,  and  mountainous. 

Mountainous. 
Do. 
Do. 

Mountainous,  farming,  grazing, 
and  timber. 
Arid,   mountainous,   grazing,   and 
farming. 
Mountainous,  broken,  and  grazing. 

Prairie   and  grazing  lands;   good 
for  farming. 
Semimountainous,   with  fertile 
valleys. 
Timber,  grazing,   and  farming 
lands. 

Converse     

Crook    

Fremont   

Johnson    

35,200 

Natrona    .  .    . 

Sheridan     

173,120 

Weston   
Total     

5,926,187 

768,897 

6.695.08J 

Cheyenne  : 
Albany    

1,051,285 

2,108,950 

161,071 
2,041,031 

551,933 

21,581 

10,701 
32,979 

1,072,866 

2,119,651 

194,050 
2,041,031 

551,933 

Carbon    

Fremont    

Sweetwater    .  .  . 
Total  

5,914,270 

65,26.1 

5,979,531 

Douglas  : 
Converse     

2,949,531 
796,977 
2,786,179 

6,400 
20,622 
104,716 

2,955,931 
817,599 
2,890,895 

Fremont    

Natrona    

Total  

6,532,687 

131,738 

6,664,425 

Evanston  : 
Fremont    

577,823 
3,746,115 
1,701,448 

583,337 
338,947 
611,200 

1,161,160 

4,085,062 
2,312,648 

Sweetwater    .  .  . 
L'inta    

Total  

6,025,386 

1,533,484 

7,558,870 

Lander  : 
Bighorn    

507,818 
2,189,246 
872,38;i 

700 
120,593 
43,569 

508,518 
2,309,839 
915,952 

Fremont   

Park    

Total     

3,569,447 

164,862 

3,734,309 

Sundance  : 
Converse     

90,186 
1,296,039 
1,611,161 

90,186 
1,296,039 
1,611,161 

Total  
Slate    total  

2,997,386 

2,997,386 

30,965,363 

2,664,242 

33,629,605 

25 


VACANT  PUBLIC  LANDS— Continued. 
RECAPITULATION   BY    STATES   AND   TERRITORIES. 


State  or  Territory. 

Area  unappropriated  and  unreserved. 

Surveyed. 

Unsurveyed. 

Total. 

Alabama             

Acres. 
100,200 

Acres. 

Acres. 
100,200 
368,011,291 
41,022,883 
515  455 

Alaska            ...            

1  368,011,291 
28,982,455 

Arizona    

12,040,428 
515,455 
18,012,903 
19,069,624 
321,638 
6,180,332 
108,402 
70,313 
105,130 
1,759,027 
51,960 
1,483 
15,283,718 
1,336,499 

Arkansas   

California                    ...        .  .          

5,350,061 
1,529,476 
155,531 
17,942,705 

23,362,964 
20,599,100 
477,169 
24,123,037 
108,402 
70,313 
105,130 
1,804,992 
51,960 
1,483 
32^)30,646 
1,336,499 
54,983,148 
33,771,367 
1,300,333 
42,919 
17,253,175 
3,673,293 
35,034,604 
1,977,791 
13,500 
33,629,605 

Colorado      

Florida    ...            

Idaho    

Louisiana                 ...                

Michigan      .  .      .          .              

Minnesota    

45,965 

Mississippi    

Montana  ...        .  .            .  .                    

16,746,928 

Nebraska    

Nevada     

28,924,771 
23,093,519 
1,300,333 

26,058,377 
10,677,848 

New   Mexico  

North    Dakota        

Oklahoma    .        .          

42,919 
13,257,246 
3,550,573 
11,587,569 
1,196,231 
13,500 
30,965,363 

Oregon  

3,995.929 
122,720 
23,447,035 
781,560 

South  Dakota  

Utah  

Washington         

Wisconsin    

Wyoming  

2,664,242 

Orand  total  

188,889.136 

506,512,123 

695,401,259 

unreserved  lands  in  Alaska  are  mostly  unsurveyed  and  unappropriated. 


LEAVE  OF  ABSENCE. 

1.  Grounds  for. 

2.  Generally. 

3.  Law. 

4.  Application  form. 

5.  Three-year  law  absence. 

6.  Special  cases;  see  also  Reclamation  Lands. 

7.  Official  Employment. 

1.  Grounds  for  leave  of  absence  from  a  homestead  are  as  fol- 
lows:    Sickness,  total  or  partial  failure  of  crops,  or  unavoidable 
casualty. 

(a)  Applications  for  leaves  of  absence  should  be  addressed  to  the  register 
and   receiver   of    the   land   office   where   the   entry   was   made    and    should   be 
sworn   to    by   the   applicant   and   some   other   disinterested   person   before   such 
register  or  receiver  or  before  some  officer  in  the  land  district  using  a  seal  and 
authorized  to  administer  oaths,  except  in  cases  where,  through  age,  sickness, 
or   extreme   poverty,   the    entryman   is   unable   to    visit   the    district   for   that 
purpose,  when  the  oath  may  be  made  outside  of  the  land  district. 

(b)  The  law  authorizes  registers  and  receivers  to  grant  leaves  of  absence 
for  a  period  not  exceeding  one  year  at  any  one  time,  subject  to  the  approval 
of  the  Commissioner  of  the  General  Land  Office,  whenever  it  shall  be  made  to 
appear  that  the  settler  is  "unable,  by  reason  of  a  total  or  partial  destruction 
or    failure    of    crops,    sickness,    or    other    unavoidable    casualty,    to    secure    a 
support  for  himself,  herself,  or  those   dependent  upon   him  or  her,  upon   the 
lands  settled  upon  *. " 

(c)  In    each    case    full    particulars    should    be    given    in    the    application, 
which    should    state    the   failure   or   destruction    of   crops,   if   the    crops    have 
failed  or  been  destroyed,  to  what  extent,  and  the  cause  thereof.     In  case  of 
sickness,  what  disease   or  injury  and   to  what   extent   claimant   is   prevented 
thereby  from   continuing   on   the  land,   and   certificate   from   the   physician   in 
attendance,  setting  forth  the  facts,  should  be  furnished  when  practicable.     In 
the  case  of  "other  unavoidable   casualty,"  the  character,  cause,   and   extent 
thereof  and  its  effect  upon  the  land  or  the  claimant  should  be  stated. 

(d)  Kesidence  must  be  established  upon  the  land  within  six  months  after 
date    of    entry,    and    additional    time    can    not    be    granted    within    which    to 
establish    such    residence,   nor    will   the   leave    of    absence    be    granted    unless 
bona  fide  residence  shall  have  been  first  established  upon  the  land. 

(e)  The  time  of  actual  absence  xinder  such  leave  can  not  be  considered 
as  constructive  residence  or  be  deducted  from  the  period  of  actual  residence 
required  by  law. 

2.  The   place    of   one's   domicile   determines   the   place    of   his 
residence. 

Absence  immediately  following  final  proof  is  indicative  of  bad 
faith. 

Leave  of  absence  is  no  protection  against  a  contest  for  abandon- 
ment where  the  entryman  prior  to  such  leave  has  failed  to  comply 
•with  the  law. 

Contest  on  the  ground  of  abandonment  will  not  lie  until  after 
the  expiration  of  six  months  following  the  expiration  of  the  leave 
of  absence. 

A  second  and  third  year's  leave  of  absence  may  be  granted  a  homestead 
entryman  upon  proper  showing  therefor,  without  requiring  an  intervening 
period  of  residence  on  the  land,  provided  sufficient  time  remains  within  which 
to  comply  with  the  law. 

See  case  of  James  McCourt  (33  L.  D.,  386). 

Action  of  Register  and  Receiver  granting  leave  of  absence  under  Sec.  3 
of  the  act  of  March  2,  1889,  is  in  all  cases  subject  to  review  by  the  Commis- 
sioner of  the  General  Land  Office. 

See  case  of  Leola  Farlow  (35  L.  D.,  269). 

26 


27 

3.  The  law  applicable  generally  may  be  found  in  Sec.  3,  of  an 
act   entitled,  "An  Act  to  Withdraw   Certain  Public   Lands  from 
Private  Entry,  and  for  Other  Purposes";  approved  March  2,  1889 
(25  Stat.,  854).    This  section  was  amended  by  an  act  of  December 
29,  1894,  28  Stat.,  599,  so  as  to  reconfer  a  second  right  on  those 
who  forfeited  their  entry  on  account  of  any  of  the  reasons  men- 
tioned.   There  are  two  other  acts  of  congress  with  reference  to  leave 
of  absence  from  homesteads,  besides  resolutions  of  Congress  grant- 
ing temporary  absences  from  homesteads,  but  they  are  not  con- 
sidered of  value  to  the  present  day  entryman,  and  therefore  such 
laws  are  not  embodied  in  this  work.     The  act  of  Congress  upon 
which  the  present  day  homestead  entrymen  are  granted  leave  of 
absence,  as  far  as  may  be  applicable  to  the  subject,  is  as  follows: 

Public  Lands  Withdrawn  from  Private  Entry,  Except  in  Missouri — Homestead 
Laws  Modified.     (28  Stat.,  599.) 

An  Act  to  withdraw  certain  public  lands  from  private  entry,  and  for  other 

purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  from  and  after  the  passage 
of  this  act  no  public  lands  of  the  United  States,  except  those  in  the  State 
of  Missouri,  shall  be  subject  to  private  entry. 

******* 

Sec.  3.  That  whenever  it  shall  be  made  to  appear  to  the  register  and 
receiver  of  any  public-land  office,  under  such  regulations  as  the  Secretary 
of  the  Interior  may  prescribe,  that  any  settler  upon  the  public  domain  under 
existing  law  is  unable,  by  reason  of  a  total  or  partial  destruction  or  failure 
of  crops,  sickness,  or  other  unavoidable  casualty,  to  secure  a  support  for 
himself,  herself,  or  those  dependent  upon  him  or  her  upon  the  lands  settled 
upon,  then  such  register  and  receiver  may  grant  to  such  a  settler  a  leave 
of  absence  from  the  claim  upon  which  he  or  she  has  filed  for  a  period  not 
exceeding  one  year  at  any  one  time,  and  such  settler  so  granted  leave  of 
absence  shall  forfeit  no  rights  by  reason  of  such  absence:  Provided,  That 
the  time  of  such  actual  absence  shall  not  be  deducted  from  the  actual  resi- 
dence required  by  law. 

Sec.  4.  That  the  price  of  all  sections  and  parts  of  sections  of  the  public 
lands  within  the  limits  of  the  portions  of  the  several  grants  of  lands  to 
aid  in  the  construction  of  railroads  which  have  been  heretofore  and  which  may 
hereafter  be  forfeited,  which  were  by  the  act  making  such  grants  or  have 
since  been  increased  to  the  double  minimum  price,  and  also  of  all  lands 
within  the  limits  of  any  such  railroad  grant,  but  not  embraced  in  such  grant, 
lying  adjacent  to  and  coterminous  with  the  portions  of  the  line  of  any  such 
railroad  which  shall  not  be  completed  at  the  date  of  this  act,  is  hereby  fixed 
at  one  dollar  and  twenty-five  cents  per  acre. 

4.  Applications   for  leave   of  absence   should   conform   to   the 
form  herewith,  which  has  been  approved  by  the  Department,  and 
should  be  properly  verified  and  corroborated.    The  application  may 
be   acknowledged   before    a   Notary   Public,   U.    S.    Commissioner, 
Judge  or  Clerk  of  Court  of  Record  or  any  other  officers  using  a 
seal  and  authorized  to  administer  an  oath,  or  before  the  Register 
and  Receiver  of  the  land  office  in  which  the  application  is  filed. 

For  further  information  on  the  subject  consult  title 
"Residence." 


L'S 


FORM. 

4—519 

DEPARTMENT  OF  THE  INTERIOR. 


APPLICATION  FOR  LEAVE  OF  ABSENCE. 


U.  S.  Land  Office, ,  Serial  No 

I,  ,  being  first  duly  sworn,  on  my  oath  state  that,  I  am  the 

identical  person  who  made  Homestead  Entry,  No ,  on  ,  for 

the ,  Section ,  Township ,  Range , 

Meridian,  at  the  United  States  Land  Office  at  ;  that  I  estab- 
lished residence  upon  said  land  on  ,  191..,  and  such  residence 

has  continued  until ,  191 .  . ;  that  my  family  consists  of 

and  that  I  have  placed  the  following  improvements  on  the  said  land,  to-wit: 

,  which  improvements  are  reasonably 

worth  the  sum  of  $ ;  that  I  have  cultivated  acres  of 

said  tract  the  following  years:  ;  that  my  present  post-office 

address  is  

I  hereby  ask  for  a  leave  of  absence  from  the  said  land  for  a  period 

of  ,  from  to  ,  and,  in  support  of  said 

request,  I  have  to  state  as  follows:  

(Here  state  grounds  upon  which  leave  of  absence  is  asked.) 


(Sign  here,  with  full  Christian  name.) 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  pun- 
ished as  provided  by  law  for  such  offense.  (See  Sec.  125,  U.  S.  Criminal 
Code,  below.) 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affirnt 
in  my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to  me 
personally  known  (or  has  been  satisfactorily  identified  before  me  by 

(Give  full  name  and  post-office  address.) 

that  I  verily  believe  affiant  to  be  the  identical  person  hereinbefore  described; 
and  that  said  affidavit  was  duly  subscribed  and  sworn  to  before  me,  at  my 

office  in   , 

(County  and  State.) 
(Town.) 
within  the land  district,  this day  of ,  191 . . 


(Official  designation  of  officer.) 
AFFIDAVIT  OF  WITNESSES. 

We, ,  of , years  of  age,  and , 

(Give  full  Christian  name.) 
(Give  full  post-office  address.) 

of    ,    years   of  age,   do   solemnly    swear  that   we   are   well 

(Give  full  post-office  address.) 

(Give  full  Christian  name.) 

acquainted  with  the  above-named  affiant  and  the  lands  described,  and  per- 
sonally know  that  the  statements  made  by  him  in  his  application  for  leave 
of  absence  are  true. 


(Sign  here,  with  full  Christian  name.) 


(Sign  here,  with  full  Christian  name.) 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  pun- 
ished as  provided  by  law  for  such  offense.  (See  Sec.  125,  U.  S.  Criminal 
Code,  below.) 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiants 
in  my  presence  before  affiants  affixed  signatures  thereto;  that  affiants  are 
to  me  personally  known  (or  have  been  satisfactorily  identified  before  me 

by   )  ;   and  that  said  affidavit  was  duly  subscribed 

(Give  full  name  and  post-office  address.) 

and  sworn  to  before  me,  at  my  office,  in 

(Town.) 

,  within  the land  district,  this 

(County  and  State.) 
day  of  ,  191.. 


(Official  designation  of  officer.) 


20 

UNITED  STATES  CRIMINAL  CODE— CHAP.  6. 

Sec.  125.  Whoever,  having  taken  an  oath  before  a  competent  tribunal, 
officer,  or  person,  in  any  case  in  which  a  law  of  the  United  States  authorizes 
an  oath  to  be  administered,  that  he  will  testify,  declare,  depose,  or  certify 
truly,  or  that  any  written  testimony,  declaration,  deposition,  or  certificate  by 
him  subscribed,  is  true,  shall  willfully  and  contrary  to  such  oath  state  or 
subscribe  any  material  matter  which  he  does  not  believe  to  be  true,  is  guilty 
of  perjury,  and  shall  be  fined  not  more  than  two  thousand  dollars  and 
imprisoned  not  more  than  five  years.  (Act,  March  4,  1909.  35  Stat.,  1111.) 

United  States  Land  Office  at 

,  191.. 

Leave  of  absence  granted  from ,  191 . . ,  to ,  191 . . 


Register. 
Eeceiver. 

THREE  YEAR  LAW  ABSENCE. 

5.  The  act  of  Congress  approved  June  6,  1912,  known  as  the 
Three  Year  Homestead  Law,  makes  provision  for  leave  of  absence 
from  the  homestead  as  follows:  :  *  *  "Provided,  That  upon 
filing  in  the  local  land  office  notice  of  the  beginning  of  such  absence, 
the  entryman  shall  be  entitled  to  a  continuous  leave  of  absence 
from  the  land  for  a  period  of  not  exceeding  five  months  in  each 
year  after  establishing  residence,  and  upon  the  termination  of  such 
absence  the  entryman  shall  file  a  notice  of  such  termination  in  the 
local  land  office,  but  in  case  of  commutation  the  fourteen  months' 
actual  residence  as  now  required  by  law  must  be  shown,  and  the 
person  commuting  must  be  at  the  time  a  citizen  of  the  United 
States."  *  *  * 

Forms  of  Notice. 

At  this  time  no  prescribed  form  for  use  in  cases  of  absences 
under  the  above  law  have  been  provided.  It  is  presumed  that 
any  form  of  notice  which  will  serve  to  fully  notify  the  local  office 
of  the  time  of  commencement  and  termination  of  leave  of  absence 
under  this  law  will  be  sufficient.  We  submit  such  forms  as  may 
be  used  or  modified: 

Notice  of  Beginning  of  Leave  of  Absence. 


(Date)    . . 
To  the  Register  and  Eeceiver,  United  States  Land  Office, 


Gentlemen:     You   will   please   take   notice   that,  having  made   homestead 

entry,    serial    No ,    dated    the    day    of    ,    ,    for 

(described   land),   Sec ,  Tp ,   R ,   and  wishing  to   avail 

myself  of  the  provisions  and  benefits  of  the  Act  of  Congress  approved  June 

6,  1912,  known  as  "The  Three  Year  Homestead  Law,"  I  did,  on  the    

day  of    ,    ,  begin  a  leave  of  absence  therefrom  not  to   exceed 

five  months.     I   established   residence   on  my   said   homestead   on   the    

day  of , 

(Name)   

(P.  O.  Address)   

Notice  of  Termination  of  Leave  of  Absence. 


(Date)    

To  the  Register  and  Receiver,  United  States  Land  Office, 


Gentlemen:     You    are    hereby    notified    that    leave    of    absence    from    my 

homestead  entry,  serial  No for  (described  land),  Sec ,  Tp , 

R t  granted  by  the  provisions  of  the   Act  of  Congress  approved  June 

6,    1912,   known   as   "The   Three   Year   Homestead   Law,"   beginning    on   the 


30 

day  of    ,    ,  was  by  me  terminated  on  the    day  of 

and  that  I  have  re-established  residence  on  said  land. 


(P.O.)   

6.  For  leave  of  absence  to  certain  homesteader  in  special  locali- 
ties, see  the  act  of  Congress  approved  August  19,  1911,  40  L.  D., 
pages  263  and  264.  See  also  Reclamation  Lands. 

[Circular  No.  54.] 
LEAVES  OF  ABSENCE  FROM  HOMESTEADS. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  September  8,  1911. 
Registers  and  Receivers, 

United  States  Land  Offices  (named  below). 
Gentlemen :    Your  attention  is  directed  to  the  provisions  of  the 
act  of  Congress  approved  August  19,  1911  (Public,  No.  27),  entitled 
"An   act   granting  leaves   of   absence   to    certain   homesteaders," 
which  reads  as  follows : 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  all  persons  who  have  here- 
tofore made  homestead  entries  in  the  Lemmon,  Timber  Lake,  Kapid  City, 
Chamberlain,  Belle  Fourche,  Gregory,  and  Pierre  land  districts  in  the  State  of 
South  Dakota;  in  the  Denver,  Pueblo,  Sterling,  Hugo,  Lamar,  and  Glenwood 
Springs  land  districts,  in  the  State  of  Colorado;  in  the  Valentine,  O'Neill, 
North  Platte,  Broken  Bow,  and  Alliance  land  districts,  in  the  State  of 
Nebraska;  in  the  Lawton,  Woodward,  and  Guthrie  land  districts,  in  the  State 
of  Oklahoma;  in  the  Dickinson,  Minot,  Williston,  Devils  Lake,  and  Bismarck 
land  districts,  in  the  State  of  North  Dakota;  in  the  Cheyenne,  Evanston, 
Sundance,  Buffalo,  Lander,  and  Douglas  land  districts,  in  the  State  of  Wyoming; 
in  the  Clayton,  Fort  Sumner,  Las  Cruces,  Tucumcari,  Eoswell,  and  Santa  Fe 
land  districts,  in  the  Territory  of  New  Mexico;  in  the  Phoenix  land  district, 
in  the  Territory  of  Arizona;  in  the  former  Spokane  Indian  Eeservation.  in 
the  State  of  Washington;  and  in  the  Burns,  Vale,  La  Grand,  and  The  Dalles 
land  districts,  in  the  State  of  Oregon,  are  hereby  relieved  from  the  necessity 
of  residence  and  cultivation  upon  their  lands  from  the  date  of  approval  of 
this  act  to  April  fifteenth,  nineteen  hundred  and  twelve;  Provided,  That  the 
time  of  actual  absence  during  the  period  named  shall  not  be  deducted  from 
the  full  time  of  residence  required  by  law. 

Homestead  entrymen  coming  under  the  above  act  who  are  ab- 
sent from  their  claims  for  any  period  between  the  dates  of  August 
19,  1911,  and  April  15,  1912,  are  not  required  to  file  application  for 
such  leave. 

In  the  examination  of  final  proofs,  and  in  cases  of  contest 
alleging  abandonment  during  the  above  period,  you  will  give  due 
consideration  to  the  foregoing  provisions. 

Very  respectfully,  John  McPhaul, 

Acting  Assistant  Commissioner. 
Approved  September  8,  1911. 
Samuel  Adams, 

Acting  Secretary. 

7.     CONSTRUCTIVE  RESIDENCE— OFFICIAL  EMPLOYMENT. 
Instructions. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  February  16,  1909. 
Registers  and  Receivers, 

United  States  Land  Offices. 

Gentlemen:  For  many  years  it  has  been  the  practice  of  the 
Department  to  permit  a  homestead  entryman  who  had  established 


31 

residence  upon  his  claim  and  afterwards  had  been  elected  or 
appointed  to  a  federal,  state,  or  county  office,  to  be  absent  from  his 
entry  if  required  by  his  official  duty,  and  to  consider  such  absence 
constructive  residence  upon  his  claim.  This  ruling  includes  depu- 
ties and  assistants  in  such  offices.  See  2  L.  D.,  147;  6  L.  D.,  668; 
7  L.  D.,  88 ;  9  L.  D.,  523,  525 ;  17  L.  D.,  195 ;  21  L.  D.,  155. 

This  privilege,  which  is  not  a  statutory  right  but  rests  solely 
upon  departmental  rulings,  has  led  to  such  grave  abuse  that  the 
objects  of  the  homestead  laws  have  been  to  a  great  extent  defeated. 
Therefore,  the  Department  has  decided  to  discontinue  the  said  prac- 
tice in  so  far  as  it  has  been  applied  to  persons  appointed  to  office, 
and  limit  it  to  persons  elected  to  office.  All  decisions  and  instruc- 
tions heretofore  given,  not  in  harmony  with  this  view,  are  hereby 
overruled  or  modified  in  so  far  as  they  accredit  such  absence  as 
residence,  to  persons  not  elected  to  office. 

It  is  not  intended,  however,  to  disturb  the  status  of  persons 
who  have  acted  under  the  rule  heretofore  prevailing,  nor  to  deny 
the  benefit  of  the  rule  to  persons  who,  prior  to  March  1,  1909,  shall 
have  been  appointed  to  such  office.  Persons  having  homestead  en- 
tries, who  enter  upon  public  service  in  non-elective  positions  to 
which  they  were  not  appointed  prior  to  above  date,  will  be  required 
to  comply  fully  with  all  of  the  provisions  of  the  homestead  law 
just  as  other  settlers. 

Very  respectfully,  Fred  Dennett, 

Commissioner. 

Approved : 

Frank  Pierce, 

Acting  Secretary. 

ACCBETIONS. 

See  Public  Lands,  Eiparian  Eights  and  Survey. 

See  Table  of  Circulars  and  Instructions,  pages  117  to  137. 

The  disposal  of  land  that  is  bounded  by  a  water  line  that  is  shown  by 
the  official  survey,  conveys  to  the  patentee  a  patent  right,  including  subse- 
quent accretions. 

Gleason  vs.  Pent,  14  L.  D.  375. 

Accretions  of  an  island  reservation  for  military  purposes  becomes  in  fact 
and  in  law  a  part  of  such  reservation,  subject  to  the  Act  of  July  5,  1884,  on 
the  abandonment  of  such  reservation. 

R.  M.  Snyder,  27  L.  D.  82. 

Where  a  sudden  change  occurs  in  the  course  of  a  navigable  river  that 
forms  the  boundary  between  a  State  and  Territory,  the  reliction  lying  within 
the  State  is  not  the  property  of  the  United  States  or  subject  to  survey  as 
such;  but  that  portion  of  the  patented  bed  of  the  stream  lying  wihin  the 
territory  is  the  property  of  the  United  States  and  therefore  subject  to  survey. 

John  P.  Serry  et  al.,  27  L.  D.  330. 

The  interests  of  the  Government  as  riparian  proprietor  ceases  on  the 
sale  of  the  meandered  tract;  and  all  accretions  of  said  tract,  after  survey 
and  prior  to  sale,  passes  to  the  purchaser,  and  accretions  thereof  become  the 
property  of  the  riparian  owner. 

John  J.  Serry  et  al.,  27  L.  D.  330. 

A  tract  belongs  either  to  the  owner  of  the  adjacent  land  or  passes  to  the 
State  under  the  Swamp  Grant  and  the  Department  will  take  no  action  in 
determining  the  ownership  thereof,  as  the  question  involved  lies  properly 
within  the  jurisdiction  of  the  Court. 

Middleground,  7  L.  D.  255. 

Land  formed  by  accretion  belongs  to  the  owner  of  the  adjacent  land. 

W.  G.  Holland,  6  L.  D.  20. 

Middleground,  7  L.  D.  255. 

An  application  for  the  survey  of  land  covered  by  a  non-navigable  lake 
must  be  denied  where  it  appears  that  said  lake  has  been  meandered  to  the 


32 

adjacent  land,  disposed  of  by  the  Government,  as  the  land  covered  by  such 
lake  belongs  to  the  adjacent  proprietors  and  not  to  the  United  States. 

James  Popple  et  a'l.,  12  L.  D.  433.     Overruled. 

John  P.  Hoel,  13  L.  D.  588. 

The  application  for  the  survey  of  an  island  in  a  non-navigable  stream 
will  not  be  allowed. 

J.  J.  Lessard,  13  L.  D.  724. 

Land  lying  within  the  banks  of  a  meandered  stream  and  forming  a  part 
of  the  bed  thereof  as  surveyed  and  subsequently  left  dry  by  a  change  in  the 
channel  thereof,  cannot  be  entered  under  the  homestead  law,  where  patents 
have  issued  for  the  adjacent  lands. 

Max  Loibl,  21  L.  D.  429. 

Land  formed  between  the  meander  and  shore  line  of  Lake  Michigan, 
through  the  acts  of  persons  or  corporations,  is  not  the  property  of  the 
Government,  or  subject  to  the  jurisdiction  thereof  under  the  public  land  laws. 

George  W.  Streeter  et  al.,  21  L.  D.  131. 

The  riparian  ownership  of  the  allottee,  whose  lands  are  adjacent  to  a 
meandered,  non-navigable  lake  extends  to  the  middle  of  said  lake. 

Amanda  Hines,  14  L.  D.  156. 

The  control  and  right  to  dispose  of  public  lands  lying  under  a  navigable 
stream,  that  forms  the  boundary  of  a  State  and  within  the  limits  thereof, 
passes  to  the  government  of  the  State  on  its  admission  to  the  Union.  But 
if  a  sudden  change  occurs  thereafter'  of  the  course  of  said  stream  the  reliction 
lying  within  such  State  is  not  the  property  of  said  State. 

Gillespie  vs.  State  of  Nebraska,  28  L.  D.  124. 

Purchasers  and  grantees  of  meandered  subdivisions  bordering  upon  a  body 
of  water  take  title  thereto  for  all  the  intents  of  ownership  in  which  is  that 
of  the  right  of  relictions.  This  right  pertains  to  the  ownership  of  lands 
bounded  by  a  water  line  without  reference  to  the  accretion  land,  and  hence 
passes  to  the  United  States  in  the  case  of  a  title  acquired  under  the  Swamp 
Grant. 

French-Glenn  Live  Stock  Co.  vs.  Marshall,  28  L.  D.  444. 

Accretions  to  an  island  formed  by  washing  or  recision  become  part  of 
the  lands  they  adjoin. 

1  L.  D.  596. 

An  island  formed  in  a  river,  after  the  survey  or  disposition  of  the  adjoin- 
ing shore  lands,  does  not  belong  to  the  United  States,  and  the  Department 
therefore  has  no  jurisdiction  to  direct  its  survey. 

L.  F.  Scott,  14  L.  D.  433. 

Where  an  island  has  been  surveyed,  sold  and  patented  by  the  Government, 
and  subsequently  creates  erosion,  all  the  soil  resulting  in  the  formation  of 
the  island  in  a  navigable  stream  occupying  the  area  of  the  formerly  surveyed 
and  sold  land  does  not  operate  to  vest  the  title  in  the  Government  of  such 
formation,  and  authorize  the  public  survey  of  the  same. 

James  C.  McLaughlin,  12  L.  D.  281. 

ACTS  OF  CONGRESS,  CITED  AND  CONSTRUED. 

The  Statute  numbers  given  refer  to  statutes  at  large,  and  the 
annotations  refer  to  decisions  of  the  Department  of  the  Interior 
relating  to  Public  Lands.  Page  numbers  in  black  face  at  end  of 
citations  indicate  statutes  that  will  be  found  in  this  work. 

STATUTE  NO.  1. 

Date  of  Act.     Page.         Vol.  L.  D.     Page  L.  D.  Page  this  book. 

June    1,  1796-490.     Vol.  38-5. 

Sept.    2,  1789-  65.     Sec.  8,  Vol.  2-108. 

May  26,  1790-122.     Vol.  5-161. 

Aug.  10,  1790-182.     Vol.  1-1  to  12. 

June    9,  1794-394.    Vol.  1-12. 

May  18,  1796-464.     Sec.  2,  Vol.  2-489.     Vol.  10-223.     Sec.  9,  Vol.  12-435.     Vol 

13-762.    Vol.  14-599.    Vol.  17-295.    Vol.  21-321.    Vol.  35-5. 

Vol.  38-464. 


33 

STATUTE  NO.  2. 

Date  of  Act.     Page. 

Vol.  L.  D.     Page  L.  D.                                                                Page  this  booh 

Mar. 

1, 

1800-  14. 

Sec.  6,  Vol.  38-5. 

May 

10, 

1800-  73. 

Sec.  4,  Vol.  14-599.     Vol.   30-54.     Vol.  35-126.     Vol. 

38-4. 

Mar. 

3, 

1803-229. 

Vol.  30-330. 

Apr. 

10, 

1802-175. 

See.  7,  Vol.  18-34'.     Vol.  22-553. 

Apr. 

24, 

1802-153. 

Vol.  26-255. 

Apr. 

30, 

1802-173. 

Vol.  10-223.     Vol.   21-322.     Sec.   6,   Vol.   34-4.      Sec. 

7,  Vol. 

37-431. 

Mar. 

26, 

1804-277. 

Vol.  8-565.     Vol.  14-599. 

Mar. 

27, 

1804-303. 

Vol.  8-127. 

May 

23, 

1804-274. 

Vol.  37-201.      Vol.    6-12.      Vol.    13-585.      Vol.    35-98. 

Vol. 

37-201. 

Feb. 

11, 

1805-313. 

Vol.  38-5. 

Mar. 

2, 

1805-234. 

Vol.  30-466. 

Mar. 

2 

1805-324. 

Vol.  1-277.     Vol.  3-240.     Vol.  6-464-568.     Vol.  14-599 

.     Vol 

28-330.     Sec.  5,  Vol.  30-466. 

Apr. 

25, 

1806-391. 

Vol.  3-240.     Vol.  18-127.     Vol.  14-599. 

Mar. 

2, 

1807-424. 

Vol.  13-585.     Vol.  35-98. 

Mar. 

3, 

1807-440. 

Sec.  4,  Vol.  14-129.     Vol.  16-447.     Vol.  15-523.     Vol. 

18--68 

Vol.  13-240.     Sec.  4,  Vol.  32-370. 

Mar. 

3, 

1807-662. 

Vol.  5-515.     Vol.  8-128-564.     Vol.  14-599.     Vol.  17-443.     Vol. 

30-53-276-472.     Sec.  10,  Vol.  32-326.     Vol.  33-18. 

Mar. 

3, 

1807-445. 

Vol.  15-494.     Vol.  19-50. 

Mar. 

3, 

1807-441. 

Vol.  21-563. 

Dec. 

22, 

1807-451. 

Vol.  3-598. 

Feb. 

20, 

1811-641. 

Sec.  5,  Vol.  24-231. 

Feb. 

25, 

1811-617. 

Vol.  8-127.     Vol.  30-466. 

Feb. 

25, 

1811-620. 

Vol.  30-466. 

Apr. 

8, 

1812-701. 

Vol.  39-55. 

Apr. 

25, 

1812-717. 

Vol.  10-426. 

Apr. 

25, 

1812-716. 

Sec.  10,  Vol.  12-106.     Vol.  10-98. 

Apr. 

25, 

1812-713. 

Vol.  8-392.     Vol.  9-514. 

Apr. 

25, 

1812-715. 

Vol.  13-13. 

June 

13, 

1812-748. 

Vol.  6-464-586.     Vol.  17-42. 

Feb. 

5, 

1813-797. 

Vol.  15-492. 

STATUTE  NO.  3. 

Apr. 

12, 

1814-123. 

Vol.  8-82. 

Apr. 

12, 

1814-122. 

Vol.  18-68. 

Apr. 

18, 

1814-139. 

Vol.  28-331. 

Feb. 

17, 

1815-211. 

Vol.  14-3.     Vol.  33-334.     Vol.  36-367.     Vol.  39-417. 

Apr. 

19, 

1816-289. 

Vol.  10-223.     Vol.  21-322.     Sec.  6,  Vol.  35-4. 

. 

Apr. 

29, 

1816-328. 

Vol.  3-177.     Vol.  17-56.    Vol.  18-68.     Vol.  33-410. 

Apr. 

29, 

1816-329. 

Vol.  5-570. 

Apr. 

29, 

1816-325. 

Vol.  36-159. 

Apr. 

18, 

1818-428. 

Vol.  21-322.     Sec.  6,  Vol.  30-134;    Sec.  6,  Vol.  35-4. 

Apr. 

18, 

1818-430. 

Sec.  6,  Vol.  30-134. 

Apr. 

20, 

1818-466. 

Vol.  31-75. 

Mar. 

2 

1819-489. 

Vol.  6-495.     Sec.  6,  Vol.  21-220.     Sec.  6,  Vol.  35-4. 

Mar. 

9 

—  » 

1819-520. 

Vol.  2-604-608.     Vol.  14-210.     Vol.  31-284. 

Mar. 

9 

1819-520. 

Vol.  2-604-608.     Vol.  14-210.     Vol.  31-284. 

Mar. 

K 

1819-528. 

Sec.  3,  Vol.  7-11-52.     Vol.   8-391.     Vol.   9-514.      Sec. 

3,  Vol. 

9-500.    Sec.  3,  Vol.  16-499.  Vol.  28-275.   Sec.  3,  Vol. 

31-344. 

Vol.  36-161. 

Mar. 

3, 

1819-526. 

Vol.  7-156. 

Mar. 

3, 

1819-530. 

Vol.  14-534. 

Mar. 

16, 

1820-545. 

Sec.  6,  Vol.  35-4. 

Apr. 

24, 

1820-566. 

Sec.  1,  Vol.  2-131.     Sec.  3,  Vol.  28-77.     Vol.  30-5. 

Sec.  6, 

Vol.  36-359.     Vol.  38-6. 

May 

1, 

1820-567. 

Vol.  2-578. 

May 

11, 

1820-573. 

Sec.  1,  Vol.  2-647.     Vol.  3-240.     Vol.  6-474.     Vol.  8-82.     Vol. 

9-166.    Vol.  17-73. 

Mar. 

2, 

1821-613. 

Vol.  14-4. 

Mar. 

3, 

1822-654. 

Vol.  15-495.     Vol.  19-50.     Vol.  30-187. 

Apr. 

26, 

1822-665. 

Vol.  14-4. 

Apr. 

26, 

1822-668. 

Vol.  14-7.     Vol.  39-417. 

Date  of  Act.     Page. 

Vol.  L.  D.     Page  L.  D.                                                                Page  this  book. 

May     8,  1822-709. 

Vol.  16-499.     Vol.  24-225. 

May  18,  1822-707. 

Sec.  2,  Vol.  28-275.     Vol.  36-161. 

Feb.  28,  1823-727. 

Vol.  2-397-429.     Vol.  4-13.     Vol.  6-474. 

Mar.     3,  1823-756. 

Vol.  11-147. 

Mar.     3,  1823-754. 

Vol.  24-206.     Vol.  27-127.     Sec.  2,  Vol.  28-275.     Vol.  36-161. 

May  19,  1836-131. 

Vol.  30-231. 

STATUTE  NO.  4. 

May  24,  1823-301. 

Vol.  7-155. 

Feb.  28,  1824-     6. 

Vol.  24-206. 

May  24,  1824-  31. 

Vol.  7-156.     Vol.  21-62.     Vol.  32-175.     Vol.  36-181. 

May  24,  1824-  34. 

Vol.  38-7. 

May  26,  1824-  65. 

Vol.  17-42. 

May  26,  1824-  69. 

Vol.  28-140.     Vol.  26-255. 

May  26,  1824-  52. 

Vol.  30-467-472.     Vol.  36-274. 

Jan.   12,  1825-  80. 

Vol.  24-540.     Vol.  30-5.     Vol.  35-580.  • 

Feb.     5,  1825-  81. 

Vol.  18-68.     Vol.  1-276. 

Apr.  22,  1826-154. 

Vol.  15-487.     Vol.  19-49.     Sec.  4,  Vol.  38-353. 

Mav  16,  1826-168. 

Vol.  17-73. 

May  20,  1826-179. 

Vol.  3-231-328.      Vol.    8-126-763.      Vol.    17-45.      Vol.    18-347. 

Vol.   24-106.     Vol.  29-126.     Vol.   29-128.     Vol.   13-380-709. 

Vol.  31-366.     Vol.  32-182.     Vol.  36-94.     Vol.  37-432. 

May  24,  1826-305. 

Vol.  18-346.     Vol.  24-522.     Vol.  30-186. 

Feb.     8,  1827-202. 

Vol.  16-515.     Vol.  24-207. 

Mar.     2,  1827-234. 

Vol.  21-132. 

Mar.     2,  1828-357. 

Sec.  1,  Vol.  38-353. 

Mar.  21,  1828-259. 

Vol.  27-341.     Vol.  14-4. 

Apr.  28,  1828-264. 

Vol.  3-528.     Vol.  31-284. 

May  23,  1828-284. 

Vol.  16-552.     Vol.  18-64.     Vol.  36-577.     Vol.  36-274. 

May  23,  1828-248. 

Vol.  23-147. 

Mar.     3,  1829-364. 

Vol.  35-4. 

Mar.  31,  1830-390. 

Vol.  27-341. 

May  23,  1830-405. 

Vol.  23-137.     Vol.  24-205. 

May  28,  1830-411. 

Sec.  3,  Vol.  11-133. 

May  29,  1830-420. 

Vol.  3-25.     Vol.  13-631.     Vol.  32-303. 

Feb.  25,  1831-445. 

Vol.  27-342. 

Mar.     2,  1831-472. 

Vol.  31-267. 

Mar.    3,  1831-492. 

Vol.  4-130. 

Jan.  23,  1832-496. 

Vol.  27-128.     Vol.  3-25. 

Apr.     5,  1832-503. 

Vol.  7-173.     Vol.  38-7. 

Mar.    2,  1833-664. 

Vol.  22-15. 

June  26,  1834-686. 

Vol.  35-415. 

June  30,  1834-729. 

Vol.  19-328. 

June  30,  1834-730. 

Sec.  6,  Vol.  36-197. 

June  30,  1834-732. 

Sees.  20  and  21,  Vol.  19-324. 

Mar.  31,  1835-779. 

Vol.  3-239. 

STATUTE  NO.  5. 

Apr.     5,  1832-503. 

Vol.  14-140. 

July     7,  1835-262. 

Vol.  1-14. 

May  20,  1836-  31. 

Vol.  26-243-563. 

June  23,  1836-  58. 

Sec.  2,  Vol.  35-4. 

June  23,  1836-  59. 

Vol.  8-561.     Sec.  4,  Vol.  35-4. 

July    4,  1836-107. 

Sec.  14,  Vol.  2-106.     Vol.  5-573.     Sec.  14,  Vol.  10-98.     Vol. 

13-13.    Vol.  18-426.     Vol.  26-460. 

Jan.     9,  1837-135. 

Vol.  9-589. 

Mar.     3,  1837-180. 

Vol.  30-231. 

June  22,  1838-251. 

Vol.  3-432.     Vol.  14-140.     Vol.  30-231. 

July     7,  1838-302. 

Vol.  24-109. 

Feb.  16,  1839-365. 

Vol.  18-285.     Vol.  20-435. 

June  31,  1840-382. 

Vol.  14-140.     Vol.  30-231. 

Sept.    4,  1841-455. 

Sec.  10,  Vol.  1-443-490. 

Sept.    4,  1841-453. 

Sec.  10,  Vol.  2-855.     Sec.  14,  Vol.  2-526.     Vol.  3-96-231-265. 

Sec.   12,  Vol.   3-25.     Vol.   6-357.     Vol.   9-589.     Vol.  10-55. 

Sec.  4,  Vol.  11-445.     Sec.   8,  Vol.   12-156.     Sec.   14,  Vol. 

12-272.     Sec.  10,  Vol.  14-599.     Sec.  8,  Vol.  15-314.     Sec.  6, 

Vol.  19-376.    Sec.  8,  Vol.  19-377.    Sec.  12,  Vol.  19-75.    Vol. 

35 


Date  of  Act.     Page. 

Vol.  L.  D.     Page  L.  D.                                                                Page  this  book. 

24-239.     Sec.   8,  Vol.   26-94.      Sec.   14,  Vol.   126-680. 

Sec. 

14  and  15,  Vol.  28-77-94.    Sec.  14,  Vol.  29-614.    Vol.  30-231. 

Vol.   30-337.      Vol.   31-199.     Vol.   32-64-303.      Sec.    8, 

Vol. 

35-509.     Vol.  39-615. 

Sept.    4, 

1841-543. 

Sec.  10,  Vol.  4-189. 

Sept.    4, 

1841-456. 

Sec.  12,  Vol.  13-16. 

Aug.    4, 

1842-502. 

Vol.  12-553.     Vol.  15-423.     Vol.  21-87.     Sec.  6,  Vol.  38-354. 

Feb.  15, 

1843-600. 

Vol.  21-365. 

Mar.    3, 

1843-620. 

Sec.  4,  Vol.  1-443.     Sec.  5,  Vol.  39-282. 

Mar.     3, 

1843-619. 

Sec.  4,  Vol.  2-855.      Sec.    4,   Vol.    4-189.     Vol.    6-136. 

Vol. 

7-173.     Vol.  9-596.     Vol.  10-55.     Vol.  11-195.     Sec.  9, 

Vol. 

11-446.    Sees.  5  and  9,  Vol.  28-78-94. 

Mar.     3, 

1843-611. 

Vol.  3-427. 

May  23, 

1844-657. 

Vol.  28-56.     Vol.  30-557. 

June  15, 

1844-666. 

Vol.  30-188.     Vol.  38-354. 

June  17, 

1844-676. 

Vol.  30-457-472. 

Mar.    1, 

1845-797. 

Vol.  24-373. 

Mar.     3, 

1845-789. 

Sec.  4,  Vol.  35-4. 

Mar.     3, 

1845-788. 

Vol.  24-151.     Vol.  30-188.     Vol.  38-351. 

Mar.     3, 

1845-742. 

Vol.  30-188. 

June  15, 

1845-671. 

Vol.  12-563.     Vol.  15-423.     Vol.  36-274. 

May  23, 

1884-667. 

Vol.  13-400-406. 

STATUTE  NO.  7. 

Oct.    16, 

1818-189. 

Vol.  25-427. 

Jan.     8, 

1821-211. 

Vol.  26-141. 

Aug.  29, 

1821-218. 

Vol.  13-514. 

Jan.   12, 

1825-240. 

Vol.  9-588. 

Aug.  18, 

1825-272. 

Vol.  10-287.     Vol.  12-177.     Vol.  25-18. 

Nov.     7, 

1825-265. 

Vol.  25-252. 

Aug.  23, 

1826-300. 

Vol.  13-514.     Vol.  25-428. 

Aug.     1, 

1829-323. 

Vol.  26-563. 

July   15, 

1830-328. 

Vol.  17-457, 

Feb.     8, 

1831-342. 

Vol.  25-18. 

Feb.  27, 

1831-333. 

Vol.  30-230. 

Feb.  28, 

1831-348. 

Vol.  6-159. 

Apr.  12, 

1834-368. 

Vol.  26-120. 

Oct.    23, 

1834-463. 

Vol.  25-428. 

Jan.   15, 

1838-550. 

Vol.  11-132. 

Nov.     6, 

1838-569. 

Vol.  25-428. 

Nov.  28, 

1840-582. 

Vol.  25-428. 

Oct.     4, 

1842-591. 

Vol.  19-590. 

STATUTE  NO.  8. 

Feb.  22, 

1819-252. 

Vol.  29-699.     Vol.  5-158.     Vol.  39-56. 

Jan.   12, 

1828-372. 

Vol.  39-56. 

Apr.  25, 

1838-511. 

Vol.  39-54. 

STATUTE  NO.  9. 

Aug.    6, 

1845-  56. 

Vol.  12-177.     Sec.  4,  Vol.  35-4. 

Dec.  29, 

1845-108. 

Vol.  24-373. 

May     8, 

1846-     9. 

Vol.  7-173. 

Aug.    6, 

1846-  66. 

Vol.  5-284. 

Aug.    3, 

1846-  51. 

Sec.  5,  Vol.   4-156.     Sec.   5,   Vol.    8-422.     Vol.    19-53. 

Vol. 

20-257.     Vol.  26-331-700.     Vol.  15-258.     Vol.  15-490. 

Vol. 

35-414. 

Aug.    8, 

1846-  77. 

Vol.  9-637. 

Feb.     2, 

1848-929. 

Vol.  1-489. 

May   29, 

1848-233. 

Vol.  12-177.     Vol.  33-51. 

June  28, 

1848-242. 

Vol.  26-578. 

Julv     1, 

1848-243. 

Vol.  12-553.     Vol.  15-423. 

July     4, 

1848-922. 

Vol.  16-410.     Art.   8,   Vol.    19-278.     Vol.    31-339.     Vol. 

39- 

136-424. 

July     5, 

1848-245. 

Vol.  24-373.     Vol.  39-55. 

July    25, 

1848-746. 

Vol.  15-488. 

Aug.  14, 

1848-323. 

Sec.  1,  Vol.  2-452.    Vol.  6-47.     Vol.  9-601.     Vol.  27-506. 

Sec. 

1,  Vol.  32-300-665. 

36 


Date  of  Act.      Pase. 
Oct.    18,  1848-952. 
Jan.   10,  1849-753. 
Mar.    2,  1849-352. 


Mar.    3,  1849-395. 


Mar. 

Feb. 

Mar. 

Sept. 

Sept. 

Sept. 

Sep. 

Sep. 


3,  1849-403. 

20,  1850-421. 

9,  1850-452. 

9,  1850-446. 

9,  1850-457. 

9,  1850-553. 

20,  1850-456. 

20,  1850-455. 


Sep.  26,  1850-472. 

Sep.  27,  1850-499. 

Sep.  27,  1850-486. 

Sep.  27,  1850-500. 

Sep.  27,  1850-495. 


Sep.    28,  1850-519. 


Sep.  28,  1850-520. 
Sep.  28,  1850-521. 
Jan.  27,  1851-565. 
Mar.  3,  1851-631. 


Mar.    3,  1851-351. 


Mar.  22,  1852-  3. 
June  10,  1852-  8. 
Aug.  31,  1852-148. 


Aug.  31,  1852-143. 
Feb.  14,  1853-158. 


Jan.   25,  1853-745. 

Feb.     9,  1853-155. 

Mar.     2,  1853-172. 

Mar.     3,  1853-244. 


Vol.  L.  D.     Page  I..  D.  Page  this  book. 

Vol.  12-177.     Vol.  25-18. 

Vol.  21-518. 

Vol.  2-646-652.  Vol.  3-396.  Vol.  5-564-514.  Vol.  9-127-644. 
Vol.  21-357.  Vol.  24-231.  Vol.  26-5.  Vol.  30-110-273-276- 
312-465-472.  Vol.  17-440.  Vol.  32-272.  Vol.33-13. 

Vol.  3-427.  Vol.  13-3.  Sec.  6,  Vol.  24-107.  Vol.  5-573.  Sec. 
3,  Vol.  286. 

Vol.  28-374.     Vol.  32-326. 

Vol.  1-14.     Vol.  39-98.    Vol.  37-201. 

Vol.  4-418.    Vol.  20-105.     Vol.  31-339.     Vol.  35-150. 

Vol.  11-204.    Vol.  16-410.     Vol.  30-99. 

Vol.  1-633.     Sec.  15,  Vol.  3-383.     Vol.  30-315. 

Sec.  15,  Vol.  14-214. 

Vol.  13-244. 

Vol.  4-3.  Vol.  10-393.  Vol.  14-229.  Vol.  18-346.  Vol.  28- 
31-244. 

Vol.  19-415. 

Sec.  11,  Vol.  17-25. 

Sec.  5,  Vol.  24-5. 

Vol.  27-506. 

Vol.  1-291-292-293-312.  Vol.  5-428.  Vol.  7-545.  Vol.  10- 
513.  Vol.  2-435-439-440-445-446-449.  Sec.  4,  Vol.  3-16-470. 
Sec.  5,  Vol.  3-50-74.  Sec.  7,  Vol.  3-60.  Vol.  6-47-597.  Vol. 
9-234.  Sec.  14,  Vol.  9-603.  Vol.  12-339.  Vol.  15-511.  Vol. 
16-490-412.  Vol.  22-34. 

Vol.  2-472-545-645-652-668.  Vol.  3-334-396-457-476-522-571. 
Vol.  4-3-371-415-497.  Vol.  5-31-102-464-516-537-715.  Vol. 
7-24.  Vol.  32-56-266-272-326-328-524.  Vol.  33-51.  Vol.  35- 
235-509.  Vol.  37-446.  Vol.  38-351.  Vol.  40-529.  Vol. 
8-65-78-308-359.  Vol.  9-124-332-361-458-640.  Vol.  10-285- 
393.  Vol.  11-37.  Vol.  12-156.  Vol.  13-341.  Vol.  14-229- 
247-675.  Vol.  15-12-123-428.  Vol.  17-440.  Vol.  18-26-273. 
Vol.  23-305-461.  Vol.  24-26-68-147-321-522.  Vol.  25-4-18- 
434.  Vol.  28-239-318-390-455-558.  Vol.  30-110-120-129-273- 
276-312-465-472-574-626.  Vol.  19-131-223-251-518.  Vol.  27- 
506-419.  Vol.  22-388-657.  Vol.  26-5-119-182-478-605-685. 
Vol.  31-335. 

Vol.  35-627.     Sec.  4,  Vol.  38-93. 

Vol.  14-280. 

Vol.  30-377-474. 

Vol.  1-181-23.  Vol.  6-180.  Vol.  15-553.  Vol.  18-387.  Vol. 
30-509.  Sec.  13,  Vol.  2-364.  Vol.  3-206.  Vol.  5-64-323-483. 
Sec.  13,  Vol.  13-294.  Vol.  20-106.  Sec.  13,  Vol.  34-190. 

Sec.  9,  Vol.  4-359. 

STATUTE  NO.  10. 

Vol.  3-101.     Vol.  14-280.     Vol.  30-190.     Vol.  35-401-454-628. 

Vol.  8-165.     Vol.  12-117.     Vol.  21-163.     Vol.  28-131. 

Vol.  5-531.     Vol.   16-420.     Vol.   15-12-273.     Vol.   14-74.     Sec. 

7,  Vol.  9-415.     Vol.  10-452.     Vol.  11-243.     Sec.  8,  Vol.  12- 

272-632. 
Vol.  15-28-283.      Vol.    16-453.      Vol.    2-9.      Vol.   35-96.      Vol. 

37-199. 
Sec.  6,  Vol.  1-306.     Sec.  8,  Vol.  1-296.     Vol.  2-441-450.     Sec. 

5,  Vol.  3-74-76.     Sec.  6,  Vol.  3-16.     Vol.  5-428.     Vol.  6-597. 

Sec.  9,  Vol.  6-17-46.    Sec.  9,  Vol.  10-522.    Sec.  5,  Vol.  9-234. 

Sec.  9,  Vol.  9-68-104-602.    Vol.  19-470.     Sec.  5,  Vol.  22-349. 

Vol.  23-167.    Vol.  24-5.    Sec.  9,  Vol.  32-301. 
Vol.  12-389.     Vol.  26-465.     Vol.  38-485. 
Vol.  5-317.     Vol.   6-443-445-535.      Vol.    13-560.      Vol.    20-281. 

Vol.  11-168-596.     Sec.  2,  Vol.  11-157.     Vol.  28-31. 
Sec.  20,   Vol.    2-626.      Vol.    15-387.      Vol.    5-217.      Vol.    6-73. 

Vol.   8-497.     Vol.  9-602.     Vol.   11-382.     Vol.   12-166.     Vol. 

13-380-382.     Vol.  19-196.     Vol.  32-30.     Sec.  20,  Vol.  36-93. 
Sec.  6,  Vol.  1-631.     Vol.  2-681.     Sec.  6,  Vol.  17-201.     Sec.  6, 

Vol.  18-345.    Vol.  3-89-265-477.     Sec.  6,  Vol.  3-206-230-328, 


37 


Date  of  Act.     Page. 


Sec.  6,  Vol.  35-416.     Vol. 


Mar.  2, 
Mar.  3, 
Mar.  3, 
June  30, 
Dec.  30, 
Mar.  27, 
May  10, 
May  12, 
July  17, 


1853- 
1853- 
1853 
1853 
1853 
1854 
1854 
1854 
1854 


179. 
256. 
258. 
76. 
1035. 
269. 
1053. 
1064. 
304. 


Sec.  2,  Vol.  6-314. 


July  17,  1854-305. 


July  17,  1854-314. 

Aug.  31,  1852-  91. 

May  30,  1854-277. 

July  22,  1854-308. 


Aug.  3,  1854-346. 


Aug.  4,  1854-575. 
Aug.  4,  1854-576. 
Aug.  30,  1854-1109, 

Aug.  30,  1854-1110, 
Dec.  19,  1854-598. 
Dec.  26,  1854-1132. 
Feb.  10,  1855-849. 
Feb.  22,  1855-1165, 


Mar.  2,  1855-630. 
Mar.  2,  1855-634. 


Mar.  3,  1855-684. 
Mar.  3,  1855-701. 


Mar.  17,  1842-581. 
Sep.  17,  1851-749. 
July  31,  1855-621. 
Feb.  11,  1856-679. 
June  3,  1856-  18. 

June  3,  1856-  21. 


Vol.  L.  D.      Page  L.  D.  Page  this  book. 

Sec.    7,    Vol.    3-230-307-228.      Vol.    8-70-498.      Sec.    7,   Vol. 

8-4.     Vol.  31-199-278.     Sec.  6,  Vol.  31-187-335.    Sec.  7,  Vol. 

31-335.     Vol.  4-34.     Vol.  5-64-270-545.     Vol.  6-158-302-697. 

Sec.  6,  Vol.  6-20.     Sec.   7,  Vol.   7-272-349.     Vol.   9-49-408. 

Sec.  6,  Vol.  9-449.     Vol.  33-76. 

37-164.     Vol.  38-335. 
Vol.  4-391. 
Vol.  7-156. 
Vol.  8-184. 
Vol.  20-106. 
Vol.  16-410. 

Vol.  1-356-384.     Vol.  9-404.     Vol.  28-25. 
Vol.  10-607.     Vol.  13-511. 
Vol.  12-177.     Vol.  25-18. 
Vol.  6-649.     Vol.  8-207.     Vol.  12-105-138.     Vol.  17-463.     Vol. 

18-371.    Vol.  20-531.    Vol.  21-121-309.    Vol.  22-40-42.    Vol. 

32-150.    Vol.  33-563.    Vol.  37-1.    Vol.  39-555. 
Vol.  1-306.     Vol.  2-437-443-450.     Sec.  5,  Vol.  4-103.     Sec.  5, 

Vol.  5-428.     Sec.  5,  Vol.  6-596.     Vol.  9-234.     Sec.  6,  Vol. 

9-602.     Sec.  6,  Vol.  10-522.     Vol.  13-51.     Vol.  19-470.     Vol. 

32-64.    Sec.  6,  Vol.  32-301.    Vol.  37-697. 
Vol.  3-558. 
Vol.  3-205. 
Sec.  16,  Vol.  17-45. 
Vol.  1-168-279.     Sec.   8,  Vol.   1-623.     Sec.  8,  Vol.   14-97-356- 

606.     Vol.   16-408-448.     Sec.  8,  Vol.   18-377.     Vol.   19-397. 

Sees.  5  and  6,  Vol.  31-189.     Sec.  8,  Vol.  31-204.     Sec.  8, 

Vol.  34-507.     Vol.  2-414-421-522.     Sec.  8,  Vol.  3-137.     Vol. 

4-312-431-501.     Sec.  8,  Vol.  4-482.     Vol.  7-551.     Vol.  8-70. 

Sec.    8,    Vol.    35-94-603.      Sec.    8,    Vol.    36-456.      Vol.    39- 

137-424. 
Vol.  1-496.     Vol.   14-332.     Vol.   2-457-496.     Vol.   23-343-460. 

Vol.    24-364-396-228.      Vol.    25-22.      Vol.    26-96-630.      Vol. 

27-329.     Vol.  33-17. 
Vol.  16-408.     Vol.  30-99. 
Vol.  8-70. 

Vol.  3-591.      Vol.    9-392.      Vol.    11-107.      Vol.    13-679. 
18-290.    Vol.  19-519-66-320.    Vol.  34-417. 
Sec.  2,  Vol.  14-576.    Vol.  21-119.    Vol.  23-151. 
Vol.  1-14.     Vol.  14-585.     Vol.  27-420-482.     Vol.  37-400. 
Vol.  6-317.     Vol.  10-513.     Art.  6,  Vol.  29-630. 
Vol.  9-114.     Vol.  38-486. 
Vol.  5-102-541.     Vol.    10-4.     Vol.   12-53.     Vol.   13-230. 

17-515.      Vol.    22-302-501-568.      Vol.    25-455.      Vol. 

Vol.  28-495.     Art.  6,  Vol.  29-284.     Vol.  32-328-666. 

37-399. 
Vol.  5-714. 
Vol.  3-396-572-583.     Vol.   4-5.     Vol.   5-464-637. 

Vol.  9-125-458-640.    Vol.  10-121.    Vol.  18-273. 

Vol.  33-626.     Sec.  2,  Vol.  2-670.     Vol.  7-243. 

582.     Vol.  1-224-504.     Vol.  24-231. 
Vol.  10-168. 
Vol.  1-3-6-15.     Vol.  30-190.     Vol.  24-480.     Vol.  31-223.     Vol. 

33-225.    Vol.  34-21-551-606-611.   Vol.  35-87-98-310-610.   Vol. 

36-206.     Vol.  37-201. 

STATUTE  NO.  11. 

Vol.  37-597. 

Vol.  37-411'. 

Vol.  15-104. 

Vol.  12-177.     Vol.  25-119. 

Vol.  1  .109.    Vol.  10-637.     Vol.  14-321-328.    Vol.  21-246. 

27-275.    Vol.  35-505. 
Vol.  1-395.    Vol.  4-156.    Vol.  5-432.    Vol.  6-451-.v25-G50. 

8-87-181.      Vol.    10-676.      Vol.    12-152.      Vol.    13-556. 


VoL 


Vol. 

26-20. 

Vol. 


Vol.  8-622. 
Vol.  32-197. 
Vol.  19-127- 


Vol. 

Vol. 

Vol. 


15-312-484.      Vol.    17-420.      Vol.    18-270-403.      Vol.    19-149- 


38 


Date  of  Act.   Page. 

Apr.  25,  1856-657. 
May  15,  1856-  9. 


May  17,  1856-  15. 


Feb.  5,  1856-663. 
June  3,  1856-  17. 


June  3,  1856-  10. 
June  3,  1856-  20. 


June  26,  1856-  22. 
Feb.  26,  1857-166. 

Mar.  3,  1857-200. 
Mar.  3,  1857-251. 


Mar.  3,  1857-195. 


Mar.  3, 
Mar.  3, 
Nov.  5, 
May  2, 
May  4, 
May  11, 
May  24, 
June  2, 


1857-517. 
1857-354. 
1857-735. 
1858-531. 
1858-269. 
1858-285. 
1858-533. 
1858-294. 


June  3,  1858-308. 
June  12,  1858-332. 
June  12,  1858-336. 
Dec.  22,  1858-374. 
Feb.  2,  1859-385. 


Feb.  14,  1859-383. 
Feb.  14,  1859-384. 


Vol.  L.  D.      Page  L.  D.  Page  this  book. 

282-307.    Vol.  26-685.    Vol.  32-126. 
Vol.  20-416. 
Vol.  2-483.    Vol.  8-546.     Vol.  9-270-597-637.    Vol.  10-176-575. 

Vol.  11-170-271.     Vol.  21-46.     Vol.  23-79.     Sec.  4,  Vol.  24- 

125.     Vol.  25-44-458.     Vol.  26-157-509.     Vol.  29-79-228. 
Vol.  2-532-561.      Vol.    3-245.      Vol.    4-149.      Vol.    7-56.      Vol. 

14-103.     Vol.  15-3-529.     Vol.   16-317.     Vol.  17-6.     Vol.   18- 

237.     Vol.  19-414.     Vol.  20-79.     Vol.  22-452.     Vol.  26-600. 

Vol.  27-55. 
Vol.  25-19. 
Vol.  2-475-484-501.     Vol.   3-242-305.     Vol.   6-427.     Vol.  8-33. 

Vol.  12-117-254.     Sees.  1  and  6,  Vol.  14-129.     Vol.  15-391. 

Vol.   16-71-442.     Sees.    1   and   6,   Vol.   17-70.     Vol.   20-408. 

Vol.   22-273.     Vol.   23-288.     Vol.   30-310-410.     Vol.   32-113. 

Vol.  33-30-199-490.    Vol.  35-540. 
Vol.  5-82-512. 
Vol.  6-191-196.     Vol.   8,   590.     Vol.   9-221-465-483.     Vol.   10- 

63-47.     Vol.   11-608-615.     Vol.   16-303.     Vol.   17-437.     Vol. 

18-176-483-486-502.      Vol.    19-136-141.      Vol.    20-62-142-227. 

Vol.    21-128.     Vol.   22-33-238-459-558.     Vol.    23-58-217-413. 

Vol.  24-9-256.     Vol.  25-87.     Vol.   26-495-688.     Vol.  30-161. 

Vol.  31-340.    Vol.  34-389.     Vol.  37-688-692. 
Vol.  4-156. 
Vol.  8-31.     Vol.   38-274.     Sec.  5,  Vol.   32-326.     Sec.   4,  Vol. 

35-4. 

Vol.  1-200.     Sec.  2,  Vol.  5-712.    Sec.  2,  Vol.  22-550. 
Vol.  1-504-509.      Vol.    2-653.      Vol.    3-396-571-583.     Vol.   4-4. 

Vol.   5-464-637.     Vol.   7-243-514.      Vol.   8-65-370-378.     Vol. 

9-125-458-640.      Vol.    10-45-121-163-393-394.      Vol.    13-343. 

Vol.  18-373.     Vol.   19-127-223.     Vol.   23-184.     Vol.  24-163- 

231.     Vol.  25-205.     Vol.   26-5-98-182.     Vol.   28-560.     Vol. 

30-272-472.     Vol.  32-371.     Vol.  37-348. 
Vol.    2-48-495-502-511.      Vol.    3-527.      Vol.    4-127-232-251-225. 

Vol.  5-144-565.     Vol.  6-198.     Vol.  7-151.     Vol.  8-55.     Vol. 

9-649.      Vol.    10-686.      Vol.    11-170.      Vol.    12-373-375-501. 

Vol.   13-349-353-440.     Vol.   14-639.     Vol.   15-536.     Vol.   17- 

429.     Vol.  18-87-512.     Vol.   20-23-249.     Vol.   23-540.     Vol. 

24-340.     Vol.   25-86.     Vol.   26-585.     Vol.   27-160-406.     Vol. 

28-340.     Vol.  31-339.    Vol.  32-21.     Vol.  34-631. 
Vol.  2-390. 
Vol.  28-374. 
Vol.  11-134. 
Vol.  36-10. 
Sec.  1,  Vol.  35-4. 
Vol.  4-427.     Vol.  28-375. 
Vol.  21-564. 

Vol.  2-394-403-429-431.     Sec.  2,  'Vol.  3-72.     Vol.  3-240.     Sec. 
3,  Vol.  4-129-443.     Sec.  3,  Vol.  5-284-510-617.     Vol.   6-436- 
447.     Sec.   3,   Vol.    7-1-152.      Sec.    3,   Vol.    8-80-391-455-463. 
Sec.  3,  Vol.  9-166-498-514.    Vol.  11-378.     Sec.  3,  Vol.  11-147. 
Vol.  15-523.     Vol.  16-500.     Vol.  17-56-73.     Vol.  20-502.     Vol. 
21-520.     Sec.  3,  Vol.  28-275.     Vol.  30-661.     See.  3,  Vol.  31- 
45-133-344-400.     Vol.  32-370.     Sec.  3,  Vol.  33-409-625.     Sec. 
3,Vol.  25-124-483.     Vol.  36-12-206-502.     Vol.  37-23-618. 
Vol.  35-628. 
Sec.  6,  Vol.  2-603-608. 

Sec.  6,  Vol.  5-633.     Vol.  14-210.     Vol.  26-330. 
Vol.  2-720.     Vol.  3-387.     Vol.  5-61.     Vol.  16-447. 
Vol.  1-633.     Vol.  3-330-383.     Vol.  5-216-545.     Vol.  6-73-496- 
697.     Vol.  7-580.     Vol.  8-4-308-495.     Vol.  9-554.     Vol.   1-11- 
881-382-529.     Vol.  12-165-113-378-709-729.     Vol.  14-214.     Vol. 
17-44.      Vol.    20-35.      Vol.    21-220-410.      Vol.    24-12-107-582. 
Vol.  28-375.     Vol.  18-344.     Vol.  31-336.     Vol.  32-183.     Vol. 
36-93.     Vol.  37-432. 
Vol.  18-347.     Sec.  4,  Vol.  35-4. 
Vol.  24-116, 


39 


Date  of  Act.  Page. 
Feb.  26,  1859-388. 
Feb.  28,  1859-387. 
Mar.  3,  1859-430. 
Mar.  4,  1859-425. 
Aug.  11,  1856-  30. 
Aug.  18,  1856-  87. 

Aug.  18,  1856-473. 


June  9,  1855-951. 
Mar.  8,  1859-975. 

Mar.  12,  1860-  3. 


Mar.  12,  1860. 
Apr.  11,  1860-836. 

June  14,  1860-  33. 
June  21,  1860-  71. 


June  21,  1860-866. 
June  21,  1860-  72. 

June  21,  1860-  70. 

June  22,  1860-  84. 

June  22,  1860-  87. 

June  23,  1860-  90. 

June  24,  1860-  85. 


Dec.  17,  1860-124. 
Jan.  29,  1861-126. 
Jan.  29,  1861-127. 
Feb.  28,  1861-172. 
Mar.  2,  1861-239. 

Mar.  2,  1861-887. 
July  24,  1861-274. 
Aug.  6,  1861-326. 
Nov.  15,  1861-191. 
Feb.  13,  1862-339. 
Mar.  25,  1862-374. 
May  20,  1862-392. 


May  30, 
May  30, 
June  2, 
June  2, 
June  24, 
June  24, 
July  1, 


1862-409. 
1862-410. 
1862-413. 
1862-  62. 
1862-237. 
1862-240. 
1862-489. 


Vol.  L.  D.     Page  L.  D.  Page  this  book. 

Vol.   15-15. 

Vol.  24-540.    Vol.  30-5. 
Sec.  11,  Vol.  13-511. 
Vol.  10-606.     Vol.  25-352. 

Vol.  12-269.     Vol.  16-236.     Vol.  19-534.     Vol.  33-326. 
Vol.  2-603-608.     Vol.  3-556.     Vol.  5-633.     Vol.  15-491.     Vol. 
17-356.     Vol.  19-47-477.     Vol.  23-237.     Vol.  26-331. 
Vol.  2-431.     Vol.  3-240.     Vol.  4-130. 

STATUTE  NO.  12. 

Vol.  33-539. 

Vol.  1-368.    Vol.  25-268.    Vol.  31-243.     Vol.  32-28-468.     Vol. 

35-445.     Vol.  38-320. 
Vol.  1-515.     Vol.  2-641-642.     Vol.  3-335-467-476.     Vol.  4-226. 

Vol.    5-102.      Vol.    8-179.      Vol.    13-341-344.      Vol.    18-327. 

Vol.  21-342-256-279.     Vol.  22-76-388.     Vol.  23-150-178-305- 

461.     Vol.  25-11.     Vol.  27-418.     Vol.  28-239-318-390.     Vol. 

32-55-65-664-498-531-593-325-328.     Vol.   33-28-47-102.     Vol. 

35-326.     Vol.  37-375-385-400.     Vol.  38-284-591. 

Vol.  1-500.  Vol.  21-332.  Vol.  23-321.  Vol.  27-85.  Vol.  37- 
34.  Vol.  38-373. 

Vol.  1-173-222-232-246.  Sec.  5,  Vol.  4-102.  Vol.  5-321-416. 
Sec.  8,  Vol.  13-294.  Vol.  18-383. 

Vol.  2-422.  Vol.  11-204.  Vol.  14-356-607.  Vol.  16-447.  Vol. 
18-387.  Vol.  19-397.  Vol.  27-683.  Vol.  29-44.  Vol.  30- 
98-499.  Vol.  32-117.  Sec.  6,  Vol.  36-456.  Vol.  37-570. 

Vol.  4-132. 

Sec.  6,  Vol.  5-705.  Vol.  12-676.  Vol.  13-624-646.  Vol.  30 
98-499. 

Vol.  10-168. 

Vol.  2-9.    Vol.  5-531.     Vol.  15-128. 

Vol.  10-616.     Sec.  6,  Vol.  35-483. 

Vol.  37-611.     Vol.  35-88.     Vol.  37-208. 

Vol.  1-272.  Vol.  2-430-431.  Vol.  3-73.  Vol.  4-475.  Vol.  9- 
556.  Vol.  22-300.  Vol.  24-208.  Sec.  11,  Vol.  31-260.  Sec. 
11,  Vol.  34-539.  Sec.  6,  Vol.  35-483. 

Vol.  24-160. 

Sec.  3,  Vol.  2-695. 

Sec.  3,  Vol.  5-713.     Vol.  22-552. 

Vol.  6-413.     Vol.  14-682. 

Vol.  4-427.  Vol  18-125.  Vol.23-348.  Vol.  24-528.  Vol.  28- 
359. 

Vol.  16-447.     Vol.  20-38. 

Vol.  34-294. 

Vol.  34-294. 

Vol.  24-513.     Vol.  36-245. 

Sec.  3,  Vol.  32-45. 

Vol.  32-46. 

Sec.  5,  Vol.  2-60.  Vol.  3-510.  Sec.  8,  Vol.  4-349.  Sec.  2, 
Vol.  6-135.  Vol.  9-144-589.  Vol.  13-615.  Vol.  18-348. 
Sec.  8,  Vol.  19-117.  Vol.  23-542.  Vol.  25-83.  Vol.  28-80. 
Sec.  1,  Vol.  31-26-119.  Vol.  32-658.  Vol.  33-523.  Sec.  4, 
Vol.  33-42.  Vol.  34-66.  Vol.  35-80.  Vol.  37-220. 

Vol.  13-294.     Vol.  33-90. 

Vol.  8-69.     Vol.  13-295.     Vol.  40-50. 

Vol.  1-631.     Vol.  28-430.     Vol.  33-532. 

Vol.  9-589. 

Vol.  30-458. 

Vol.  30-458. 

Sec.  3,  Vol.  1-336-446.  Vol.  2-477-488-527-846.  Vol.  3-538. 
Sec.  2,  Vol.  3-587.  Vol.  5-662.  Sec.  3,  Vol.  5-62-104-470- 
553.  Sec.  9,  Vol.  5-62.  Vol.  6-322-386-658.  Vol.  7-13. 
Sec.  7,  Vol.  8-293.  Sec.  3,  Vol.  9-214-595.  Vol.  10-168-281- 
467-569.  Vol.  11-108.  See.  3,  Vol.  11-90-238.  Vol.  12- 
608.  Vol.  13-627.  Sec.  14,  Vol.  13-189.  Sec.  3,  Vol.  14- 
543.  Vol.  18-454.  Sec.  7,  Vol.  19-100.  Vol.  20-4G7.  Vol. 


40 


Date  of  Act.     Page. 


July     5,  1862-620. 


July 
July 
July 
Feb. 
Mar. 
Mar. 
Mar. 


7,  1862-503. 

12,  1862-543. 

12,  1862-623. 

21,  1863-658. 

3,  1863-819. 

3,  1863-754. 

3,  1863-772. 


Mar.  3,  1863-808. 
Mar.  11,  1863-1249. 
Feb.  24,  1863-664. 

Feb.  24,  1863-644. 
July  12,  1863-624. 
June  2,  1864-  95. 

June  2,  1862-  95. 


Oct.  12,  1863-667. 
Mar.  21,  1864-  35. 

Mar.  21,  1864-  30. 
Mar.  21,  1864-  67. 
Apr.  8,  1864-  39. 

Apr.  12,  1864-689. 
Apr.  12,  1864-690. 
May  5,  1864-  33. 


May  5,  1864-  66. 


May  5,  1864-  63. 

May  5,  1864-668. 

May  7,  1864-693. 

May  7,  1864-695. 

May  12,  1864-  72. 


May  12,  1864-  74. 
May  12,  1864-  79. 
May  26,  1864-  85. 


May  28, 
June  7, 
June  18, 
June  18, 
June  25, 
June  30, 
June  30, 


1864-  94. 
1864-119. 
1864-137. 
1864-409. 
1864-184. 
1864-325. 
1864-412. 


Vol.  T,.  D.     Page  L..  D.  Page  this  book. 

22-341.    Vol.  23-161.    Sec.  14,  Vol.  24-29.     Sec.  2,  Vol.  25- 

540.      Vol.    26-59-252-602-680.      Sec.   7,   Vol.    20-706.     Vol. 

27-43-498-452.     Vol.  28-32.     Sec.  3,  Vol.  28-76.     Vol.  29-38- 

98.     Sec.  3,  Vol.  29-87.     Vol.  30-153.     Vol.   31-442.     Vol. 

32-23.     Vol.  33-89-506-528. 
Vol.  3-129.     Vol.  4-163.     Vol.  6-452.     Vol.  8-190.     Vol.  18- 

403. 

Vol.  13-571.    Vol.  14-377.     Vol.  23-461. 
Vol.  9-627. 
Vol.  32-46. 
Vol.  3-580. 
Vol.  3-288-298.     Vol.  5-447. 

Vol.  5-365.     Vol.   28-66 211 

Vol.  8-23.      Vol.    11-131.      Vol.    18-349.      Vol.    23-343.      Vol. 

260496.     Vol.  30-490.     Vol.  31-199. 
Sec.  14,  Vol.  12-183.     Sec.  13,  Vol.  27-505.    Sec.  13,  Vol.  32- 

301.     Sec.  14,  Vol.  37-497. 
Vol.  10-5.     Vol.  13-230.     Vol.  22-501-580.     Vol.  26-20.     Vol. 

28-495.     Vol.  29-284. 
Vol.  1-168.     Vol.  16-411.     Vol.  30-99.     Vol.  32-604.     Sec.  2, 

Vol.  34-186. 
Vol.  11-530. 

Vol.  8-258.     Vol.  13-249-353.     Vol.  23-540. 
Vol.  9-371. 

STATUTE  NO.  13. 
Vol.  10-176.    Vol.  11-271.    Vol.  12-543.    Vol.  21-46.    Vol.  23- 

79.    Sec.  4,  Vol.  24-125.     Vol.  25-440-458.    Vol.  26-156-508. 

Vol.  29-288-79. 

Vol.  21-565.     Vol.  22-302.     Vol.  26-276.     Vol.  28-376. 
Vol.  1-362.     Vol.  3-448-481.     Vol.  19-83.     Vol.  31-171.     Vol. 

40-63. 

Vol.  15-259. 
Vol.  18-51. 
Vol.  2-460. 

Vol.  33-308. 
Art.  7,  Vol.  7-565. 
Vol.  6-101. 
Vol.  2-642.    Vol.  13-331.    Vol.  4-407. 

24-320.     Vol.  25-537.     Vol.  29-242. 

32-432     Vol.  34-107.     Vol.  36-329. 
Vol.  5-83-512.     Vol.  6-191-197-209.     Vol.  9-222-483.     Vol.  10- 

63-147.    Vol.  11-608-615.     Sec.  6,  Vol.  14-547.    Vol.  16-303. 

Vol.  17-437.     Vol.  18-176-486-502.     Vol.  19-136-141-254-410. 

Vol.  20-62-143-227.    Vol.  21-128.    Sec.  3,  Vol.  21-417.    Vol. 

28-33-238-459-558.     Vol.  23-58-217-413.     Vol.  24-356.     Sec. 

4,  Vol.  24-9.     Vol.  25-87-308.     Vol.  26-688-699.     Vol.  31- 

340.     Vol.  34-389. 
Vol.  25-410. 
Vol.  34-416. 
Vol.  5-102.    Vol.  13-230.    Vol.  27-418.    Vol.  28-495.    Vol.  29- 

285.     Vol.  32-325-328.     Vol.  37-399. 
Vol.  10-5.     Vol.  12-53.     Vol.  22-501-580.     Vol.  26-20. 
Sec.  1,  Vol.  5-203.     Vol.  6-48-54-611.     Sec.  7,  Vol.   12-542. 

Sec.  7,  Vol.  13-349.     Vol.   14-320. 


Vol.  38-251. 
Vol.  3-329.     Vol.  13-734.     Vol.  33-206.     Sec.  2, 


Vol.  26-276. 


Vol.  23-206-429.     Vol. 
Vol.  30-404.     Vol.  31- 


Vol.  15-121. 


Vol.  24- 
Vol.  30- 


163.    Vol.  25-293.     Vol.  27-406-717.     Vol.  29-504. 

120.    Vol.  32-197. 
Vol.  17-429. 
Vol.  26-351-407. 
Vol.  9-602.    Vol.  21-228.    Vol.  27-507.    Vol.  32-301.    Sec.  13, 

Vol.  32-310. 
Vol.  34-27. 
Vol.  10-676. 
Vol.  12-216. 
Vol.  12-216. 

Vol.  2-443.     Vol.  23-167. 
Vol.  38-549. 
Vol.  25-254. 


41 


Date  of  Act.     Page. 
July     1,  1864-332. 


July     1,  1864-343. 


Page  this  book. 
Vol.  2-347-367-372.     Sec. 


July 
July 
July 


1,  1864-335. 

1,  1864-339. 

2,  1864-364. 


July    2,  1864-356. 


July     2,  1864-374. 
July     2,  1864-355. 


July  2, 
July  2, 
July  11, 
Feb.  23, 
Jan.  30, 
Feb.  27, 
Mar.  3, 
Mar.  3, 


1864-353. 
1864-169. 
1864-125. 
1865-432. 
1865-567. 
1865-441. 
1865-504. 
1865-526. 


Mar.    3,  1865-530. 

Mar.     3,  1865-520. 

Mar.    3,  1865-519. 

Mar.    3,  1865-529. 

Apr.  19,  1864-  47. 


Vol.  L.  D.     Page  L.  D. 
Vol.  1-173-185-212-213-334-246-366. 

1,  Vol.  3-424.     Sec.  2,  Vol.  3-881.     Sec.  2,  Vol.  4-101.  Vol. 

5-63-321-495.     Vol.  5-46.     Vol.   6-180.     Vol.   11-491.      Vol. 

12-666.     Vol.  13-295.     Vol.  18-388.     Vol.  29-128.     Vol.  30- 

346.     Sec.  6,  Vol.  34-189. 
Vol.  1-502.     Vol.  4-337.     Vol.  6-499.     Vol.  14-484.     Vol.  25- 

237.  Vol.  28-467-420. 

Vol.  2-660.     Vol.  6-526.     Vol.  13-729.     Vol.  38-262. 

Vol.  11-131.     Vol.  14-164.     Vol.  18-349. 

Sec.  6,  Vol.  1-382.  Vol.  2-513-517-529-536-554-569-676-860. 
Vol.  3-491-538.  Vol.  4-251.  Sec.  2,  Vol.  5-138.  See.  3, 
Vol.  5-312-335-460-474.  Vol.  6-400.  Sec.  6,  Vol.  6-11-508- 
658.  Vol.  7-86-100-131-238-244-357-578.  Sec.  1,  Vol.  8-17. 
Sec.  3,  Vol.  8-13.  Sec.  3,  Vol.  9-154.  Sec.  8,  Vol.  9-416. 
Sec.  3,  Vol.  10-258-427-645.  Sec.  6,  Vol.  10-307-542-655- 
663.  Vol.  11-608.  Sec.  3,  Vol.  11-2-483.  Sec.  6,  Vol.  11- 
483.  Sees.  5  and  6,  Vol.  12-128.  Vol.  13-232.  Vol.  14- 
187-301-377-484-612-625.  Vol.  15-282-388.  Sec.  3,  Vol.  15- 
440.  Sec.  16-144-229-353-421-459.  Vol.  17-224-406-432-545. 
Sec.  3,  Vol.  17-40-60.  Sec.  6,  Vol.  17-8-33.  Vol.  18-255- 
464-596.  Sec.  3,  Vol.  18-224.  Sec.  6,  Vol.  18-436-550. 
Vol.  19-189-236-532.  Sec.  3,  Vol.  19-20.  Sec.  6,  Vol.  19- 
87-102.  Vol.  20-188.  Sec.  6,  Vol.  20-332.  Vol.  21-57-412. 
Sec.  3,  Vol.  21-413.  Vol.  22-41-443.  Sec.  2,  Vol.  22-454- 
558.  Sec.  3,  Vol.  22-255.  Sec.  21,  Vol.  22-471.  Vol.  24- 
339.  Sec.  3,  Vol.  24-320.  Sec.  6,  Vol.  24-160.  Vol.  25-73- 
233-309-349-511-536.  Sec.  3,  Vol.  25-79.  Vol.  26-652-689. 
Vol.  27-160-286-468-505.  Sec.  6,  Vol.  27-296.  Vol.  28-494. 
Sec.  2,  Vol.  28-412.  Vol.  29-224-240-242.  Sec.  3,  Vol.  29- 
87.  Sec.  6,  Vol.  29-344.  Vol.  30-17-19-95-153-249-278-309- 
404.  Vol.  31-31-32-109-151-219-432.  Vol.  32-655.  Vol.  33- 
368-636.  Sec.  6,  Vol.  33-228.  Vol.  34-107-147-665.  Vol. 
35-77-178-360-457-472.  Vol.  36-156-329-370.  Vol.  37-71-260- 
273-595-688-592.  Vol.  38-78-321-386-496.  Vol.  39-314-565. 

Vol.  1-346.  Vol.  2-846.  Vol.  5-663.  Sec.  4,  Vol.  5-62.  Vol. 
6-322-387-580.  Vol.  7-13-406.  Vol.  8-292.  Vol.  9-214. 
Vol.  10-168-281-467-569.  Vol.  11-108.  Sec.  4,  Vol.  Tl-90- 

238.  Vol.  11-608.    Vol.  13-627.    Sec.  17,  Vol.  13-188.    Sec. 
17,  Vol.  14-196.    Vol.  17-43.    Sec.  5,  Vol.  19-100.    Vol.  20- 
467-497.     Vol.  22-341.     Vol.  22-537.     Vol.  23-151.     Sec.  17, 
Vol.  24-29.     Vol.  25-39-499.     Vol.  26-252-706.     Sec.  2,  Vol. 
26-59.     Vol.  27-46-183-297.     Sec.  11,  Vol.  27-463.     Vol.  28- 
32-76-128-575.    Vol.  29-38-98.    Vol.  31-442.    Vol.  32-23-616. 
Vol.  33-89-506-528.     Sec.  20,  Vol.  36-370. 

Vol.  3-556.     Vol.  5-270.    Vol.  15-491.     Vol.  26-331.     Vol.  27- 

343. 
Vol.  12-362.     Vol.  18-60.     Vol.  19-49-591.     Vol.  22-171.     Vol. 

25-390.     Vol.  30-620.     Vol.  31-215.     Vol.  37-154.     Vol.  37- 

5-11. 

Vol.  18-454. 
Vol.  40-438. 

Vol.  12-681.     Vol.  36-462. 
Vol.  25-410. 
Vol.  26-602. 
Sec.  9,  Vol.  28-351. 
Vol.  2-477.     Vol.  5-63. 
Vol.  2-481-502-511.     Vol.  3-527.     Vol.  4-126-332-427.     Vol.  5- 

144-565.    Vol.  6-611.    Vol.  7-551.    Vol.  8-255.     Sec.  4,  Vol. 

9-454.     Vol.  12-373.     Sec.  7,  Vol.  12-541.     Vol.  13-349-353- 

440.  Vol.  14-638.  Vol.  15-536.  Vol.  18-87-101-512.  Vol. 
Vol.  23-440.  Vol.  26-226-585.  Vol.  27-160. 
Vol.  34-631. 


20-23-249. 

Vol  32-21. 
Vol.  5-265. 
Vol.  12-215. 
Vol.  11-475. 
Vol.  14-484. 
Vol.  18-125. 


Vol.  15-212-484.     Vol.  19-149. 


Vol.  21-323.     Vol.   23-348.     Vol.  27-232.     Vol. 


42 

STATUTE  NO.  14. 

Date  of  Act.     Page.         Vol.  L.  D.     Page  L.  D.  Page  this  book. 

28-265-359.     Sec.  7,  Vol.  28-125.     Sec.  11,  Vol.  34-4. 
Mar.  20,  1864-  35.     Vol.  14-364. 
Mar.  16,  1865-675.     Vol.  18-124. 
Mar.    8,  1866-     4.     Vol.  2-347. 
Apr.  28,  1866-769.     Vol.  27-416. 

May     7,  1866-355.     Sec.  2,  Vol.   2-860.     Vol.    7-102.     Vol.   9-416.     Vol.   23-206. 
June  12,  1866-588.      Vol.  16-447. 
June  21,  1866-360.     Vol.  10-68.    Vol.  19-254. 
June  21,  1866-  67.     Vol.  23-458. 

July     3,  1866-  79.     Vol.  3-538.     Vol.  5-472-663.     Vol.   7-13.     Vol.   11-114. 
July    3,  1866-  78.     Vol.  5-432. 
June  27,  1866-  74.     Vol.  16-470. 
July     3,  1866-  30.     Vol.  6-386.     Vol.  28-455. 
July     3,  1866-  81.     Vol.  30-161.     Vol.  32-126. 
July    4,  1866-  87.     Vol.  1-262.     Vol.  2-492-502.     Vol.  3-166-485-527.     Vol.  4-232. 

Vol.  8-471.     Vol.10-685.     Vol.  12-228.     Vol.  13-441.     Vol. 

15-431.      Vol.    17-302-592.      Vol.    18-512.      Vol.    19-20-215. 

Vol.  21-312-471.    Vol.  27-406.    Vol.  28-26.    Vol.  29-264-554. 

Vol.  30-197. 

July  4,  1866-  85.  Vol.  25-235.  Sec.  5,  Vol.  31-135.  Vol.  35-267. 
July  5,  1866-  89.  Vol.  10-456.  Vol.  12-232.  Vol.  13-51-61.  Vol.  18-25.  Vol. 

20-259.      Vol.    22-654.      Vol.    25-11.      Vol.    26-357-546-638. 

Vol.  29-344. 

July  13.  1866-  97.     Vol.  2-494.     Vol.  8-259.     Vol.  26-585. 
•July  13.  1866-  93.     Vol.  4-408.     Vol.  25-536.     Vol.  34-107. 
July  19,  1866-799.     Vol.  25-298. 
July  21,  1866-  66.     Vol.  6-744.     Vol.  8-155-514.     Sec.  2,  Vol.  10-545.     Vol.  31- 

26-135.    Vol.  34-21. 
July  23,  1866-218.     Sec.  7,  Vol.  1-417.     Sec.  8,  Vol.  1-392.     Sec.  1,  Vol.  3-401. 

Sec.  3,  Vol.  3-401.     Sec.  4,  Vol.  3-492-522.     Sec.  6,  Vol. 

3-89-307-434.     Sec.   7,  Vol.  401-423.     Vol.  4-417.     Sec.  1, 

Vol.  4-142.     Sec.   1,  Vol.   4-371.     Sec.   7,  Vol.   4-103-360. 

Sec.  6,  Vol.  5-545.     Sec.  8,  Vol.  5-47.     Sec.  4,  Vol.  6-685. 

Sec.  7,  Vol.  6-434.     Sec.  1,  Vol.  7-397-543.     Sec.  6,  Vol. 

7-272-348.     Sec..  7,  Vol.  7-210.     Sec.  1,  Vol.  8-480.     Sec. 

4  to  5,  Vol.  8-78.    Sec.  8,  Vol.  14-607.    Sec.  4,  Vol.  15-428. 

Sec.   6,   Vol.   15-10.     Vol.   20-495.     Vol.   23-231.     Sec.   6, 

Vol.  23-424.     Vol.  24-27-69.     Vol.  27-510.     Vol.  29-128-183. 

Vol.  29-369.    Vol.  30-574.    Vol.  30-345.    Vol.  31-305.    See. 

6,  Vol.  31-336.     Sec.  7,  Vol.  31-446.     Sec.  8,  Vol.  34-189. 

Vol.   40-550.     Sec.    1,   Vol.   2-643.     Vol.   32-535.     Sec.   8, 

Vol.  8-4.    Sec.  17,  Vol.  8-144-279.    Vol.  9-112.    Sec.  7,  Vol. 

9-241-445.      Vol.    10-218.      Sec.    7,    Vol.    10-242.      Sec.    8, 

Vol.  10-630.    Sec.  4,  Vol.  11-37.    Vol.  12-667.    Vol.  13-448. 

Sec.  4,  Vol.  14-247.     Sec.  7,  Vol.  14-536-665. 

Vol.  14-247.    Sec.  7,  Vol.  14-536-665. 
July  24,  1866-221.     Vol.  3-123.     Vol.  26-572.     Vol.  29-1. 
July  25,  1866-241.     Sec.  8,  Vol.  1-330. 
July  25,  1866-239.     Vol.   2-490.     Vol.   3-265.     Sec.   2,   Vol.   4-485.     Vol.    7-240. 

Vol.  8-590.     Vol.  10-499.     Vol.  11-572.     Vol.  12-133.     Sec. 

2,  Vol.  12-232.    Vol.  14-188.     Sec.  2,  Vol.  15-56.     Vol.  18- 

344.     Vol.  18-60.     Vol.  20-401.     Vol.  22-354-308-349.     Vol. 

23-73-292-571.     Vol.  24-4.     Sec.  2,  Vol.  24-381.     Vol.  25- 

248.     Vol.   26-546-293-688.     Vol.  27-477.     Vol.   28-174-222- 

363.      Vol.    29-236-268-440-442-551.      Vol.   30-51-342.      Vol. 

35-22.     Vol.  37-8.     Vol.  38-359.     Vol.   39-6-169.287.     Vol. 

40-48. 

July  25.  1866-236.     Vol.  5-136.    Vol.  10-505. 

July  25.  1866-210.     Vol.  8-590.    Vol.  24-64.    Vol.  25-499.    Vol.  28-27. 
July  25,  1866-236.     Vol.  13-168.     Sec.  6  and  8,  Vol.  28-130.    Vol.  29-330. 
July  26,  1866-251.     Sec.   3,  Vol.   2-773.     Sec.    11,  Vol.   2-713-850.     Vol.  25-235. 

Vol.  27-55.     Vol.  29-427.     Vol.  30-425.     Vol.  31-125.     Vol. 

32-465.     Sec.  9,  Vol.  32-265.     Sec.  12,  Vol.  32-353.     Vol. 

34-722.    Vol.  35-150-416-593-653.     Vol.  37-676. 

July  26,  1866-289.      Vol.  5-135.     Vol.  14-164.     Vol.  31-199.     Vol.  33-471. 
July  26,  1866-298.     Vol.  11-131. 
July  26,  1866-289.     Vol.   17-22.     Vol.   18-249.     Vol.  21-490.     Vol.  28-130.     Vol. 


45 


Date  of  Act.     Page. 

July  26,  1866-  25. 
July  26,  1866-253. 
July  27,  1866-292. 


Vol.  L.  D.      Page  L.  D.  Pace  this  honfc 

29-266.     Vol.  34-504. 

Vol.  19-415.' 

Vol.  37-8.     Vol.  40-433. 

Vol.  2-645.  Vol.  3-130-477.  Vol.  4-94.  Vol.  5-415-437-619 
Vol.  6-86-357-679.  Vol.  8-155.  Vol.  9-420.  Vol 
10-216.  Vol.  11-534.  Vol.  12-116.  Vol.  13-373.  Vol. 
14-11-158-610.  Vol.  15-451.  Vol.  16-317.  Vol.  17-587. 
Vol.  17-201-418.  Sec.  6,  Vol.  17-11.  Vol.  19-45-271-277-441. 
Vol.  21-163-433.  Vol.  122-214-429-494.  Vol.  23-468-500 
Vol.  25-224-367.  Vol.  26-452.  Vol.  27-241-454.  Sec.  2 
Vol.  27-322-649.  Vol.  28-23-479.  Vol.  29-135-640.  Vol 
29-36.  Vol.  30-95-101-239-247-389.  Vol.  31-271-273-278- 
327-328-434.  Vol.  32-51-77.  Sec.  3,  Vol.  32-84.  Vol.  33- 
115.  Vol.  34-110-551.  Vol.  35-83-603.  Sec.  4,  Vol.  35-149. 
Vol.  37-100-237-245.  Vol.  39-136-336-425. 


July  27,  1866-294. 

Vol.  24-173. 

July  27,  1866-295. 

Vol.  30-95-111-239-247-389. 

July  28,  1866-338. 

Vol.  6-443-445-535.     Vol.  11-168.     Sec.  1  and  2,  Vol.  11-157. 

Vol  12-560.     Vol.  24-274. 

Jan.  22,  1867-377. 

Vol.  7-134. 

Dec.  26,  1866-374. 

Vol.  12-363.     Vol.  22-171.     Vol.  31-215.     Vol.  32-154. 

Feb.     5,  1867-909. 

Vol.  32-616. 

Mar.    2,  1867-544. 

Vol.  9-558. 

Mar.    2,  1867-635. 

Vol.  6-13. 

Mar.    2    1867-542. 

Sec.  4,  Vol.  16,  412  

214 

Mar!    3',  1867-54L 

Vol.  1-499.     Vol.  5-267.     Vol.  13-406.     Vol.  21-72.     Vol 

.  28- 

67-420. 

June    1,  1867-687. 

Vol.  1-521.     Vol.  4-147.     Vol.  9-588.    Vol.  11-373. 

July  14,  1870-279. 

Vol.  17-594. 

STATUTE  NO.  15. 

Feb.  23,  1867-519. 

Vol.  6-250. 

Mar.  30,  1867-539. 

Vol.  19-324.     Vol.  32-150.     Vol.  33-164. 

Oct.   21,  1867-581. 

Vol.  15-87.     Vol.  28-400.     Vol.  31-366. 

Oct.   28,  1867-593. 

Vol.  27-416. 

Mar.    2,  1868-619. 

Vol.  26-77.     Vol.  32-119. 

Mar.    6,  1868-  39. 

Vol.  5-547.     Vol.  35-412.     Vol.  37-101. 

Apr.  28,  1868-685. 

Vol.   24-529. 

Mav    7,  1868-649. 

Vol.  5-139.    Vol.  16-229.    Vol.  17-261.    Vol.  19-27. 

May  20,  1868-252. 

Vol.  19-149. 

June    8,  1868-  67. 

Vol.   5-548  

214 

June  25*  1868-  80. 

Vol.  2-490.     Vol.  8-590. 

June  25,  1868-178. 

Vol.  8-495.     Vol.  14-527. 

July     1,  1858-252. 

Vol.  2-860.    Vol.  7-102.    Vol.  9-417. 

July  16,  1868-  91. 

Vol.  4-342.     Vol.  33-530. 

July  25,  1868-158. 

Sec.  14,  Vol.  27-36. 

July  27,  1868-238. 

Vol.  5-85. 

July  27,  1868-223. 

Vol.  19-435. 

July  27,  1868-240. 

Vol.    19-324.      Vol.    30-418. 

July  27,  1868-198. 

Vol.  33-209. 

July  27,  1868-221. 

Vol.  33-209.     Sec.  6,  Vol.  33-209. 

July  28,  1868-187. 

Vol.  25-226. 

June    6,  1868-  68. 

Vol.  13-571. 

Feb.     9,  1869-438. 

Vol.  16-447. 

Feb.  24,  1860-673. 

Vol.  31-147. 

Feb.  25,  1869-275. 

Vol.  1-269.     Vol.  9-254.     Vol.   11-226.     Vol  14-626. 

Feb.  25,  1869-440. 

Vol.  8-287. 

Mar.    1,  1869-346. 

Vol.  38-79. 

Mar.    1,  1859-342. 

Vol.  2-425.     Vol.   14-358.      Vol.    16-447.     Vol.    18-279. 

Vol. 

71-205.     Vol.  36-132. 

Mar.    3,  1869-324. 

Vol.  6-387.     Vol.  20-467. 

Mar.    3,  1869-348. 

Vol.  6-390.     Vol.  30-418. 

Mar.    3,  1869-340. 

Vol.  14-121.     Vol.  18-401.     Vol.  26-440. 

Mar.    3,  1869-338. 

Vol.    18-61. 

Mar.    3,  1869-455. 

Vol.   20-38. 

July  15,  1870-362. 

Vol.  5-305-539. 

Apr.  29,  1868-635. 

Vol.  5-244.     Vol.  10-329.     Vol.   13-307.     Vol.   17-458. 

oo  rrco        -\r^i     no  nxn        IT~I     o/i   rno 

Vol. 

22-553.     Vol.  28-259.     Vol.  34-703. 


44 

STATUTE  NO.  16. 

Date  of  Act.     Page.         Vol.  L.  D.     Page  L  D.  Page  this  book. 

Oct.    14,  1864-770.     Vol.  32-458. 

Apr.  10,  1869-  45.     Vol.,3-242.     Vol.  6-428.     Vol.  8-34.     Vol.   15-391.     Vol.   20- 

408. 

Apr.  10,  1869-  56.     Vol.  5-691.A 

Apr.  10,  1869-  57.     Vol.  6-400.     Vol.  7-102.     Vol.  18-255.     Vol.  23-71. 
Apr.  10,  1869-  54.     Vol.  6-590. 

Apr.  10,  1869-  55.     Vol.  5-305.     Vol.  9-589.     Vol.  11-373.     Vol.  24-6. 
Feb.   17,  1870-707.     Vol.  18-61.     Vol.  32-666. 
May     4,  1870-  94.     Vol.  5-549.    Vol.  6-292.     Vol.  14-283.    Vol.  16-494.     Vol.  20- 

175.     Vol.   26-592.     Vol.   28-345.     Sec.  2,  Vol.  28-331-365. 

Vol.  35-457.     Vol.  37-273.  - 
May     6,  1870-118.     Vol.  6-590. 
May     6,  1870-121.     Vol.  2-844-845.     Vol.  23-326. 
May  31,  1870-378.     Vol.  2-508-513-517-859.     Vol.  6-401.     Vol.  7-102.     Vol.  8-13. 

Vol.  10-16.     Vol.   11-92.     Vol.  14-187.     Vol.   15-282.     Vol. 

16-488-494.      Vol.    18-255-596.      Vol.    19-225-234-460.      Vol. 

19-307.    Vol.  20-514.    Vol.  21-57-263.     Vol.  22-14-600.     Vol. 

34-105-147-209-665.     Vol.  35-449-457-472-588.     Vol.  36-330- 

369.    Vol.  37-273-595.    Vol.  38-77-386.    Vol.  39-389. 
June  28,  1870-382.     Vol.    1-627.      Vol.    2-513-559.     Vol.   5-381.     Vol.    14-264-611. 

Vol.  25-223. 

June  28,  1870-386.     Vol.  22-185. 
July     1,  1870-446.     Vol.  4-313. 
July     8,  1870-196      Vol.  25-437. 
July     9,  1870-217.     Sec.  12,  Vol.  2-765.     Vol.  7-550.     Vol.  21-329.     Vol.  25-335. 

Vol.  27-55.     Vol.  29-14-405.     Vol.  31-135.     Sec.  12,  Vol.  32- 

363.     Sec.    17,   Vol.   32-256.     Vol.   34-318.     Sec.   12,   Vol. 

35-653. 

July  11,  1870-230.     Vol.  16-411. 

July  12,  1870-251.     Sec.  5,  Vol.  18-195.     Vol.  19-373. 
July  14,  1870-377.     Vol.  21-246. 
July  14,  1870-279.     Vol.  1-356-379-631.     Vol.  5-530-554.     Vol.  7-16.     Vol.  11-195. 

Vol.  12-233.    Vol.  14-657.     Vol.  28-81. 
July  14,  1870-277.     Vol.  5-271.    Vol.  10-637.    Vol.  14-221-321.    Vol.  15-347.    Vol. 

16-65-94.     Vol.  20-201.     Vol.  27-274. 
July  14,  1870-278.     Vol.  10-56-569. 

July  15,  1870-304.     Vol.  4-430.     Vol.  8-422.     Vol.  34-507. 
July  15,  1870-305.     Vol.  5-345. 
May  31,  1870-378.     Vol.  23-70-265-445.     Vol.  25-71-511-536.     Vol.  26-504-592-652. 

Vol.  28-298.     Vol.   29-224-242.     Vol.   30-252-404.     Vol.  31- 

151-219.     Vol.  32-656.     Vol.  33-427. 
July     9,  1870-  12.     Vol.  19-415. 

Apr.  28,  1870-  93.     Vol.  22-431.     Vol.  23-348.     Vol.  24-374.     Vol.  28-125. 
July  15,  1870-314.     Vol.  7-135. 

July  15,  1870-291.     Vol.  14-97.     Sec.  291  to  304,  Vol.  16-412.     Vol.  29-53. 
July  15,  1870-315.     Sec.  25,  Vol.  33-318. 

July  15,  1870-362.     Vol.  4-146.     Vol.  8-177.     Vol.  9-589.     Vol.  11-373. 
July  15,  1870-335.     Vol.  16-324.     Sees.  9  and  10,  Vol.  34-208. 
July  15,  1870-363.     Vol.  26-357. 
July  15,  1870-361.     Vol.  34-208. 
Feb.     6,  1871-404.     Vol.  12-178.     Vol.  25-19. 

Feb.  18,  1871-416.     Vol.  1-4-7-15.     Vol.  13-585.    Vol.  35-99.     Vol.  37-200. 
Feb.  24,  1871-430.     Vol.  21-437.     Vol.  33-14.     Sec.  1,  Vol.  36-242. 
Mar.    3,  1871-601.     Vol.  1-356-380.    Vol.  5-530.     Vol.  7-16.    Vol.  9-596.    Vol.  11- 

195.     Vol.  14-657.     Vol.  17-594.     Vol.  28-81. 
Mar.     3,  1871-573.     Vol.  2-547-548-550.     Vol.  3-165-253-285.     Vol.  4-215.     Vol.  5- 

415.     Sec.  23,  Vol.  5-693.     Vol.  7-487.     Vol.  10-638.     Vol. 

13-655.     Vol.   14-8-322-328-365.     Vol.  15-347.     Vol.  19-245. 

Vol.  21-246.     Vol.   25-108-352.     Vol.  29-244.     Vol.  29-135- 

640.     Vol.  30-111-247-389.     Vol.   30-312.     Vol.   31-278-326- 

327-434.     Vol.  32-77.     Sec.  22,  Vol.  33-324.     Sec.  23.  Vol. 

133-515.     Sec.  33,  Vol.  37-100-237. 
Mar.    3,  1871-588.    Vol.  2-481.     Vol.  5-565.     Vol.  8-257.     Vol.  12-375-513.     Vol. 

13-349-353-447.     Vol.  14-545.     Vol.  15-536.     Vol.  20-23-249. 

Vol.   23-408-540.      Vol.    24-141-190-227.     Vol.   25-86.      Vol. 


45 


Date  of  Act.     Page. 
Mar.    3,  1871-579. 


Vol.    29-115.      Vol. 


Fage  this  book. 
19-234.      Vol. 


Mar. 
Mar. 
Mar. 
Mar. 
Mar. 
Mar. 
Mar. 
Mar. 
Mar. 


3,  1871-581. 

3,  1871-592. 

3,  1871-580. 

3,  1871-673. 

3,  1871-578. 

3,  1871-571. 

3,  1871-576. 

3,  1871-566. 

19,  1867-719. 


Apr.  20,  1871-  10. 
Apr.  20,  1871-643. 
Mar.  1,  1872-  72. 
Mar.  1,  1872-  32. 
Apr.  4.  1872-  49. 

Apr.  5,  1872-649. 

Apr.  23,  1872-  55. 
May  8,  1872-  85. 
May  9,  1872-  88. 
May  9,  1872-  90. 
May  10,  1872-  91. 


May  10,  1872-  91. 
May  21,  1872-140. 
May  23,  1872-159. 


May  29, 
May  29, 
May  29, 
May  29, 
June  1, 
June  1, 
June  1, 
June  5, 
June  5, 


1872-189. 
1872-190. 
1872-185. 
1872-165. 
1872-197. 
1872-214. 
1872-213. 
1872-326. 
1872-226. 


June    8,  1872-330. 


June    8,  1872-340. 


June  8, 
June  8, 
June  8, 
June  10, 
June  10, 
Jan.  31, 
Feb.  17, 
Feb.  18, 
Mar.  3, 


1872-332. 
1872-339. 
1872-  34. 
1872-381. 
1872-378. 
1873-421. 
1873-464. 
1873-465. 
1873-605. 


Vol.  L.  D.     Page  L.  D. 

26-582.      Vol.    27-160. 

32-21. 
Vol.   4-243.      Vol.    6-679-812-817.      Vol.    9-471.      Vol.    11-582. 

Vol.  13-157.     Vol.  19-446.     Vol.  23-468.     Vol.  24-173.  VoL 

25-108-352.     Vol.  25-62.     Vol.  30-312. 
Vol.  5-548.     Vol.  13-570. 
Vol.  5-432.     Vol.  9-639. 
Vol.  15-391. 
Vol.  16-317. 
Vol.  25-108-352. 
Vol.  26-418. 
Vol.  30-312. 
Vol.  10-330. 
Vol.  27-418. 

37-399. 


Vol.  29-284.     Vol.  32-325.     Vol.  33-299.     VoL 


Vol.  33-523.    Vol.  34- 


Vol.  31-259.    Vol. 


STATUTE  NO.  17. 

Vol.  1-13.     Vol.  11-20. 

Vol.  12-276.     Vol.  19-149. 

Vol.  17-261. 

Vol.  27-36. 

Vol.  3-510.    Vol.  10-355.    Vol.  28-219. 

335. 
Vol.  2-461-594.    Vol.  10-365.    Vol.  15-170. 

38-372. 
Vol.  26-77. 
Vol.  2-182. 

Vol.  1-380.     Vol.  14-657.     Vol.  17-537-594. 
Vol.  5-306-539.     Vol.  6-601.     Vol.  9-589.     Vol.  11-63-372. 
Vol.  1-581.     Vol.  2-741-765-773.    Vol.  3-12.    Vol.  9-179.    Vol. 

13-370.     Vol.   14-597.     Vol.   25-50.     Vol.   27-55.     Vol.   29- 

155-426.     Sec.   10,  Vol.  29-14.     Vol.   31-135.     Vol.  32-333. 

Vol.  34-318-722.     Vol.  35-267-594-653.     Vol.  37-676.     Vol. 

39-303. 
Vol.  7-549. 
Vol.  9-114. 
Vol.  11-103.    Vol.  12-182-357.    Vol.  13-187-312-314-318.    Vol. 

20-50. 

Vol.  33-299. 
Sec.  2,  Vol.  2-821. 
Vol.  34-208. 

Vol.  16-325.     Vol.  33-299.     Vol.  34-208. 
Vol.  10-240. 
Vol.  20-159. 
Vol.  25-429. 
Vol.  1-368. 
Vol.  2-675.    Vol.  12-49.     Vol.  19-533. 

366.     Vol.  26-43.     Vol.  28-306-456. 

32-280-468-492.    Vol.  34-513.     Sec.  2, 

321.     Vol.  40-599. 
Vol.  2-124-236.     Vol.  10-355-692.     Vol.  22-354.     Vol.  23-154. 

Vol.  26-672.     Vol.  28-319.     Vol.  29-600.     Vol.  31-170-351- 

429.     Vol.  32-334.     Vol.  33-319-523.     Vol.  34-335.     Vol.  38- 

376.     Vol.  39-109-443. 
Vol.  3-196.    Vol.  14-585.    Vol.  16-304.    Vol.  17-430. 

394.      Vol.    19-386.      Vol.   21-354.     Vol.   23-151. 

482.     Vol.   30-397. 
Vol.  3-481-510. 

Vol.  8-41.     Vol.  14-107.     Vol.  26-27.     Vol.  29-479. 
Vol.  21-118. 

Vol.  2-190.    Vol.  4-143.    Vol.  14-548.     Vol.  15-105. 
Sec.  1,  Vol.  3-73.     Vol.  9-558.     Vol.  22-200.     Vol.  24-208. 
Vol.  25-441. 
Vol.  29-353. 

Vol.  25-235-240.     Vol.  31-135. 
Vol.  2-336.      Vol.    3-510.      Vol.    10-355.      Vol.    13-699.      Vol. 

15-80.     Vol.  28-219.     Vol.   29-600.     Vol.  31-351.     Vol.  33- 


Vol.  23-358.  Vol.  25- 
Vol.  31-170-243.  Vol. 
Vol.  35-445.  Vol.  38- 


Vol.  18- 
Vol.   27- 


46 


Date  of  Act.  Page. 
Mar.  3,  1873-607. 


Mar. 
Mar. 
Mar. 
Mar. 
Mar. 
Mar. 
Mar. 
Mar. 
May 


3,  1873-609. 
3,  1873-634. 
3,  1873-510. 
3,  1873-582. 
3,  1873-539. 
3,  1873-530. 
3,  1873-633. 
3,  1873-631. 
20,  1878-  54. 


Feb.  11,  1874-  15. 


Mar.  13,  1874-  21. 
Apr.  14,  1874-  29. 
Apr.  15,  1874-  28. 
Apr.  19,  1874-281. 
Apr.  22,  1874-  36. 
June  3,  1874-  52. 
June  6,  1874-  61. 

June  15,  1874-  72. 
June  18,  1874-  80. 

June  19,  1874-  85. 
June  20,  1874-111. 
June  20,  1874-110. 
June  22,  1874-194. 


June  22,  1874-167. 
June  22,  1874-202. 
June  22,  1874-203. 


June  22, 
June  22, 
June  22, 
June  23, 
June  23, 
Feb.  5, 
Feb.  11, 


1874-424. 
1874-146. 
1874-173. 
1874-272. 
1874-283. 
1875-305. 
1875-315. 


Mar.    3,  1875-516. 
Mar.    3,  1875-482. 


Vol.  L.  D.     Page  L.  D.  Page  this  book. 

523.     Vol.  34-335.     Vol.  39-109. 
Vol.  2-761.     Vol.  6-500.     Vol.  7-172.     Vol.  10-509.     Vol.  13- 

414.      Vol.    14-635.      Vol.    15-321.      Vol.    17-369-351.      Vol. 

19-473.     Vol.  125-235.     Vol.  31-135. 
Vol.  8-539. 
Vol.  9-465. 
Vol.  19-222. 
Vol.  28-321. 
Vol.  31-316. 
Vol.  31-316. 
Vol.  33-209. 

Vol.  18-101.    Vol.  26-226. 
Vol.  9-351. 

STATUTE  No.  18. 

Vol.  1-369.     Vol.  19-533.     Vol.  25-266.     Sec.  2,  Vol.  31-244. 

Vol.   32-28-469-492.     Vol.   34-314.      Vol.   35-455.     Vol.   38- 

333 

Vol.  i3-509-699.     Vol.  15-80.     Vol.  17-359.     Vol.  18-198. 
Vol.  5-271. 

Vol.  33-181.     Vol.  37-411. 
Vol.  6-191. 

Vol.  14-267.     Vol.  26-77. 
Vol.  14-387. 
Vol.   37-737  ..........................................  385 

Vol.  7-403-430-548. 

Vol.  5-271. 

Vol.  17-433.     Vol.   18-61.     Vol.   19-592.     Vol.  26-367.     Vol. 

31-215. 

Vol.  4-25.     Vol.  5-103.     Vol.  15-151. 
Vol.  6-386.     Vol.   37-207. 
Sec.  5,  Vol.  18-95-267.     Vol.  19-373. 
Vol.    1-327-359.      Vol. 

Vol.    3-325-460-485. 

818-820.    Vol.  7-481. 

10-50-264-609.      Vol. 

105-286-696.       Vol. 

Vol.    17-429.      Vol. 


Vol.  30-310. 


2-485-527-530-533-535-540-542-561 
Vol.  4-127.  Vol.  6-292-611-661 
Vol.  8-472.  Vol.  9-72-237-649. 
11-85-434.  Vol.  13-665.  Vol. 
15-4-62-431-460-529.  Vol.  16 
18-275-334-550.  Vol.  19-216-227 


591.     Vol.    20-80-82.      Vol.    21-455.      Voy.    22-185-560 

Vol.  23-387-565.     Vol.  24-381-545.     Vol.  25-77-246-348 

Vol.  26-68-280-601-705.     Vol.  27-42-382.    Vol.  28-134. 

29-650.     Vol.  31-162-175-424.    Vol.  33-89-324-487-528. 

35-21.     Vol.  36-186.     Vol.  39-70. 
Vol.  4-428. 
Vol.  5-546. 
Vol.  5-145.    Vol.  9-246.    Vol.  13-349-353.    Vol.  18-101. 

21-254-436.     Vol.  24-226.     Vol.  25-530.     Vol.  26-226. 

27-391.     Vol.  29-118. 
Vol.  14-449. 
Vol.  31-244. 
Vol.  31-244. 
Vol.  2-182. 
Vol.  9-589. 
Vol.  2-340-341-343. 
Vol.  30-427-462-513.    Vol.  32-596.    Vol.  36-556.     Vol.  37 


-581. 
•617- 
Vol. 
14- 
247. 
414- 
-689. 
-278. 
Vol. 
Vol. 


Vol. 
Vol. 


-737. 
385 


Vol.  1-891-610.     Vol.  2-190.     Vol.  15-104. 

Vol.  1-396-397.  Vol.  2-543-814.  Vol.  4-150-523-525.  Vol.  6- 
449.  Vol.  7-541.  Vol.  8-41-115-374.  Vol.  11-384-432-552. 
Vol.  12-72-79-92-264-360-423-457-481-574.  Vol.  12-18-47- 
110-111-149-454-661.  Vol.  14-102-117-118-266-321-326-338- 
367-444-566.  Vol.  15-88.  Vol.  16-32-194-464.  Vol.  18-264- 
510.  Vol.  19-588.  Vol.  20-165.  Sec.  4,  Vol.  20-131.  Vol. 
21-250.  Vol.  22-453-636-674-685.  Vol.  23-458-519.  Vol. 
24-460.  Vol.  25-250-290.  Vol.  26-79-83-181.  Vol.  27-417- 
430-585-714.  Vol.  28-403-439.  Vol.  29-18-113-257-478-620. 
Vol.  30-238-241-592-600.  Vol.  31-120-411.  Vol.  32-34-312- 


Date  of  Act.     Page 

Mar.    3,  1875-482. 
Mar.    3,  1875-420. 

Mar.    3,  1875-497. 

Mar.    3,  1875-519. 
Mar.   3,   1875-474. 


Mar.  3,  1875-511. 

Mar.  3,  1875-343. 

Mar.  3,  1875-  99. 

Mar.  3,  1875-420. 

Mar.  3,  1875-402. 

Mar.  3,  1875-481. 
Mar.  3,  1875-432. 

Feb.  1,  1876-  2. 
Apr.  10,  1876-  28. 
Apr.  13,  1876-  32. 
Apr.  21,  1876-  35. 


May  5,  1876-  52. 
May  20,  1876-  54. 
May  23,  1876-  55. 
July  5,  1876-  75. 
July  5,  1876-  74. 
July  31,  1876-121. 


July  31,  1876-102. 
Aug.  11,  1876-127. 
Aug.  15,  1876-208. 
Dec.  28,  1876-500. 
Jan.  12,  1877-221. 

Feb.  27,  1877-240. 
Feb.  28,  1877-254. 
Feb.  28,  1877-255. 
Mar.  1,  1877-267. 


Mar.    3,  1877-392. 


Mar.    3,  1877-377. 


Vol.  L.  D.     Page  L.  D.  Page  this  book. 

442-481-597.     Vol.  33-617.     Vol.  34-593-621.     Vol.  35-370- 

497.     Vol.  36-1-394-482-488. 
Vol.  37-787.     Vol.   38-74-311-494.     Vol.    39-32-86-89-175-209. 

Vol.  40-185-411. 
Sec.  15  and  16,  Vol.  2-192.    Vol.  8-57.    Sec.  15,  Vol.  10-443. 

Vol.   11-57-306.     Vol.   18-549.      Vol.   20-401.     Vol.   21-457. 

Vol.  25-479-95.    Vol.  31-418.     Vol.  35-80. 
Vol.  2-21.     Vol.  14-220.     Vol.  16-467.     Vol.  18-99-580.     Vol. 

19-247.     Vol.  26-283-273.     Vol.  29-145. 
Vol.  4-15.     Vol.  16-495.     Vol.  18-163. 
Vol.  5-698.     Vol.  6-410.     Vol.   7-460.     Vol.  9-553.     Vol.   10- 

222.     Vol.  12-71.     Vol.  13-729.     Vol.  14-683.     Vol.  30-311. 

Sec.  11,  Vol.  35-4. 
Vol.  10-68.     Vol.  19-254. 

Vol.  13-295.  , 

Vol.  23-61. 

Vol.  32-292-658.    Vol.  37-220. 
Vol.  26-71.     Vol.   31-418.     Vol.   32-292-658.     Vol.   25-479-95. 

Vol.  35-80.     Vol.  37-220. 
Vol.  28-165. 
Vol.  40-187. 

STATUTE  No.  19. 

Vol.  25-424.     Vol.  26-255.     Vol.  28-139. 
Vol.  17-490. 
Vol.  2-830. 
Vol.  1-358.     Sec.  1,  Vol.  1-353-355.    Sec.  2,  Vol.  1-387.    Sec. 

3,  Vol.  1-334.    Sec.  2,  Vol.  2-560.    Sec.  3,  Vol.  2-501.    Sec. 

2,  Vol.  3-50.     Sec.  1,  Vol.  4-251-344.     Sec.  2,  Vol.  4-209. 
Sec.  1,  Vol.  5-145-205.    Vol.  6-567-622.    Sec.  1,  Vol.  6-223. 
Sec.   3,   Vol.    6-91-427.      Vol.    7-223.     Sec.   1,   Vol.   8-318. 
Vol.  9-151-407-423.    Sec.  1,  Vol.  9-418.    Sec.  3,  Vol.  9-247. 
Sec.  1,  Vol.  10-136.    Sec.  3,  Vol.  10-306.    Vol.  11-188.    Sec. 

1,  Vol.  11-85.     Sec.  1,  Vol.  13-187.     Sec.  3,  Vol.  13-665. 
Vol.  17-33.  Vol.  19-575.    Vol.  20-409-191-526.    Sec.  1,  Vol. 
22-224-264.     Sec.   2,   Vol.   22-686.     Vol.    23-6-115-339-435- 
436.     Sec.  1,  Vol.  24-127.     Sec.  2,  Vol.  24-119-380.     Sec. 

3,  Vol.  26-227.     Sec.  1,  Vol.  27*-42.     Vol.  28-95.     Sec.   1, 
Vol.  28-118-126.     Sec.  1,  Vol.  29-98-550-655.     Sec.  1,  Vol. 
30-309-490. 

Vol.  1-599-169.    Vol.  25-240.    Vol.  31-135.    Vol.  37-738.  .  .385 

Vol.  21-315.     Sec.  1,  Vol.  25-502. 

Vol.  2-191. 

Vol.  1-529. 

Vol.  2-18*1-184-188.     Vol.  9-331. 

Vol.  1-310.     Vol.  2-371-463.     Vol.  6-88.     Vol.  13-295.     Vol. 

16-347.     Vol.  20-22.     Vol.  24-116.     Vol.  31-211.     Vol.  34- 

138 

Vol.  10-579.    Vol.  16-347.    Vol.  31-211.    Vol.  34-138. 
Vol.  5-306.    Vol.  24-7. 

Vol.    11-547.     Vol.   13-80.     Vol.   23-144.      Vol.   33-11. 
Vol.  36-367.    Vol.  39-417. 
Vol.  2-851.     Vol.  7-549.     Vol.  10-222.     Vol.  14-598.     Vol.  27- 

515.     Vol.  29-536.     Vol.  31-390.     Vol.  35-4-150 551 

Vol.  26-687. 

Vol.  5-344.     Vol.  10-330. 

Vol.  26-291. 

Vol.  1-403.     Vol.  6-302-552.     Vol.  7-580.     Vol.   8-4-307-326. 

Vol.  14-252-319.     Vol.  15-477-519.     Vol.  17-288.     Vol.  19- 

432.     Vol.  28-39-60.     Sec.  2,  Vol.  30-236.     Vol.  9-106-208. 

Sec.  2,  Vol.  32-381.    Vol.  34-27.    Sec.  2,  Vol.  36-23.    Sec. 

2,  Vol.  37-344. 

Vol.  1-498.    Sec.  1,  Vol.  3-78.    Vol.  5-267.    Vol.  7-143.    Vol. 

16-127.     Vol.   17-247.     Vol.   21-71-236.     Vol.  22-19.     Vol. 

24-261-530.      Vol.    26-325-503.      Vol.    28-62.      Vol.    30-253. 

Sec.  4,  Vol.  33-542.     Vol.  38-95-114 211 

Vol.  1-26.     Sec.  1,  Vol.  2-22-691.     Sec.  2,  Vol.  2-19.     Vol. 


48 


Date  of  Act.  Page. 


Mar.  3,  1877-377. 
Mar  3,  1877-  73. 

Mar.  3,  1877-403. 


Mar.  3,  1877-404. 

Mar.  3,  1877-443. 

Mar.  3,  1877-357. 

Mar.  3,  1877-405. 


May  27,  1878-  63. 
June  3,  1878-  88. 


June  3,  1878- 


Tune    3,  1878-  91. 
June  14,  1878-113. 


Vol.  L,.  t>.     Page  L.  D.  Page  this  book. 

3-10-214-464.     Vol.  4-454.     Vol.   5-121-152-168-482-694-708. 

Vol.  6-662.     Vol.  8-105-368-432.     Vol.   10-49-542.     Vol.  11- 

29-156-144.     Vol.    12-376-405-632.     Vol.    14-74-553-506-677. 

Vol.  15-272-301.     Vol.  16-336-467.     Vol.  17-339-398.     Vol. 

18-99-364-532-580.      Vol.    19-84-121-232-247-506.      Vol.    20- 

57-113-219-324.      Vol.   21-233-245.      Vol.    23-61-293-450-574. 

Vol.  24-308-435-467-577.    Vol.  26-673.     Vol.  27-124-364-721. 

Vol.  28-11-343-499-512.     Vol.  29-133-145.     Vol.  30-318-356- 

362.     Vol.  9-7-49-202-205-275-332-381-419.     Vol.  31-277-354. 

Sec.  1,  Vol.  31-311-441.     Sec.  2,  Vol.  31-149.     Sec.  5,  Vol. 

31-276.     Vol.  32-256-419-471-609-669.     Vol.  33-251-289-438. 

Vol.  34-493-677.    Vol.  35-16-306-586.    Vol.  36-107-188.    Sec. 

5,  Vol.  36-396.    Vol.  37-150-312. 
Vol.  38-216-325-421-439-509.     Vol.  39-253-287.     Vol.  25-150- 

231-326 211  to  247 

Vol.   1-173.     Vol.  6-744.     Vol.  7-56.     Vol.   8-156-515.     Vol. 

14-327.     Vol.  18-338.     Vol.  31-136.     Sec.  2303,  Vol.  34-21. 

Sec.  2303,  Vol.  35-400.     Vol.  37-23-25-286-425. 
Vol.  2-90-200-224-660-672.     Vol.  3-64-126.     Vol.  4-211.     Vol. 

5-458.     Vol.  6-138.     Vol.  8-411-510.    Vol.  11-362.    Vol.  32- 

565. 

Vol.  3-285.     Vol.  5-136.     Vol.  6-381. 
Vol.  37-25. 
Vol.  37-25. 
Vol.  26-79. 

STATUTE  No.  20. 

Vol.  1-356-485.     Vol.  2-504.     Vol.  3-286. 

Vol.  1-597-600.  Vol.  2-814-823-824-827.  Vol.  12-457.  Vol. 
13-149.  Vol.  24-167.  Vol.  25-51.  Vol.  26-400.  Vol.  29- 
349-571*573.  Vol.  34-79.  Vol.  35-91.  Vol.  37-492-738. 
Vol.  38-70.  Vol.  39-81-375  to  435 386 

Vol.  1-600-602.  Vol.  2-172-332-334-631-633-663.  Vol.  3-435. 
Sec.  2,  Vol.  3-210.  VoL  4-164-178-382-381.  Vol.  5-38. 
Vol.  6-32-184-630-691-17.  Vol.  7-140-555.  Sec.  2,  Vol.  7- 
10.  Vol.  8-252-194-412.  Vol.  9-12-335-384.  Vol.  10-47-271. 
Vol.  11-145-371-484-599.  Vol.  12-3-58-100-314-326-503-561. 
Sec.  4,  Vol.  12-246.  Vol.  13-598.  Vol.  14-125-160-392-415- 
436-618.  Vol.  15-280-292-322-360-564.  Vol.  16-108-216- 
326-325-400-404-528-547-560.  Vol.  22-96-234-337-345-424-647- 
719.  Vol.  23-322-330-413-517.  Sec.  2,  Vol.  23-298.  Vol. 
24-88-144-167-310-352-360-376-426.  Vol.  25-51-240-437.  Vol. 
26-10-152-529.  Vol.  26-15.  Vol.  39-326-329-359-449-573. 
Vol.  40-85-433.  Vol.  28-164-521-573.  Vol.  29-149-153-196- 
212-478.  Vol.  30-407-560.  Sec.  3,  Vol.  30-177.  Vol.  31- 
35-201-264-401-408.  Vol.  32-33-100-282-349-472-492-606-631- 
649.  Vol.  33-11-12-44-83-427-504-534-567-643-656.  Sec.  2, 
Vol.  33-567.  Sec.  3,  Vol.  33-365-567.  Vol.  34-105-113-116- 
122-123-129-133-139-377-381-582-705.  Vol.  35-90-230-409- 
562.  Vol.  36-18-251-273-540.  Vol.  37-161-182-289-329-395- 
564-584.  Vol.  38-76-133-137-337.  Vol.  17-82-137-144-151- 
332-468-496.  Vol.  18-216-249-306-321-356-449-542-562.  Vol. 
19-258-381-512-513-560.  Vol.  20-24-E2-102-129-392-450-559. 
Vol.  21-67-121-460-492 574 

Vol.  2-580-596. 

Sec.  1,  Vol.  2-256-312-322.  Sec.  2,  Vol.  2-90-271-306-309-328- 
547-634.  Sec.  3,  Vol.  2-249-368-277-282-284-289-292-393- 
318.  Sec.  5,  Vol.  2-291-663.  Sec.  7,  Vol.  2-280-329.  Vol. 
3-64-608.  Sec.  2,  Vol.  3-182-260.  Sec.  3,  Vol.  3-513.  Sec. 
2,  Vol.  4-191-370.  Sec.  7,  Vol.  5-234.  Vol.  6-280-625-690. 
Vol.  6-380-515.  Sec.  2,  Vol.  7-51.  Sec.  3,  Vol.  7-9.  Vol. 
8-20-358.  Sec.  2,  Vol.  8-454-545.  Vol.  9-87-285.  Sec.  2, 
Vol.  9-350.  Sec.  1,  Vol.  10-681.  Sec.  12,  Vol.  10-302. 
Sec.  3,  Vol.  10-268.  Vol.  11-576.  Sec.  1,  Vol.  11-379. 
Vol.  13-53-339-510-699.  Sec.  3,  Vol.  13-126-289-460.  Vol. 
14-38-128-315-435-466.  Vol.  15-79-251.  Vol.  16-293.  Sec. 
2,  Vol.  16-150-151-345.  Sec.  3,  Vol.  16-28.  Vol.  17-331-359. 


49 


Date  of  Act.  Page. 


June  14, 
June  15, 
June  18, 
June  18, 
June  19, 
Jan.  28, 
Jan.  28, 


1878-114. 
1878-133. 

1878-152. 
1878-165. 
1878-172. 
1S75K271. 
1879-274. 


Jan.  28,  1S70-5H2. 
Mar.  3,  1878-352. 

Mar.  3,  1879-472. 


Mar.  3,  1879-471. 

Mar.  3,  1879-383. 

July  1,  1879-  46. 

July  1,  1879-  48. 

Jan.  4,  1880-299. 

Jan.  22,  1880-  61. 

Mar.  16,  1880-  68. 

Apr.  1,  1880-  69. 

May  14,  1880-140. 


Vol.  20-502.  Sec.  2,  Vol.  35- 


Vol.  4-327.  Vol.  12-23.  Vol. 


Vol.  L.  D.      Page  L.  D.  Page  this  book. 

Sec.  3,  Vol.  17-585.  Vol.  18-198.  Vol.  20-337.  Vol.  22- 
36-167-209.  Vol.  24-280-449.  Vol.  25-502.  Vol.  26-547- 
670.  Sec.  1,  Vol.  31-226.  Sec.  1,  Vol.  33-373.  Vol.  37- 

162.  Sec.  1,  Vol.  38-514. 

Vol.   1-147-149.     Sec.  3,  Vol.  1-153-160-626. 

Vol.  25-441. 

Vol.  25-451. 

Vol.  25-410. 

Vol.  1-362. 

Vol.  1-534. 

Vol.  2-599.    Sec.  4,  Vol.  3-44. 

483.    Sec.  1,  Vol.  36-13. 
Vol.  16-445. 
Vol.   1-308-534.     Vol.  2-465. 

22-289.     Vol.  25-432. 
Vol.      1-26-29-38-51-62-92-93-101-109-485-525.       Vol.      2-30-91- 

110-177-205-580.      Vol.   3-102-227-461-517-520.     Vol.   5-125- 

407.    Vol.  6-111-381-575.    Vol.  7-60.     Vol.  8-29-159-316-389- 

481.     Vol.  8-383-428.     Vol.  9-284-402.     Vol.   11-412.     Vol. 

12-351-395-550.     Vol.  14-71.     Vol.  15-218.     Vol.  16-178-187. 

Vol.  18-347.     Vol.  20-54-55-430.     Vol.  21-23.     Vol.  22-549. 

Vol.   23-383.     Vol.  26-664.     Vol.   27-348.     Vol.  29-187-647. 

Vol.  30-177.     Vol.  31-201.     Vol.  35-405.     Vol.  36-516.     Vol. 

38-112-125-136.     Vol.  39-347-317. 

Vol.  11-547.     Vol.  13-80.     Vol.  23-144 150  to  154 

Vol.  30-417-419. 

STATUTE  NO.  21. 

Vol.  2-91.     Vol.  20-430.     Vol.  21-23.     Vol.  31-201. 

Vol.  14-208. 

Vol.  3-464. 

Vol.  4-223.  Vol.  8-223.  Vol.  32-202.  Vol.  34-319.  Vol.  35- 
435.  Vol.  37-739 387 

Vol.  2-182-186.     Vol.  9-331. 

Vol.  14-76. 

Sec  1,  Vol.  1-122-156.  Sec.  2,  Vol.  1-51-74-79-84-93-103-160- 
626.  Sec.  3,  Vol.  1-415-449.  Sec.  1,  Vol.  2-266-280-285-305- 
318-323-619.  Sec.  2,  Vol.  2-40-52-57-60-119-166-277-285-291- 
304-331-318-321-381-600-616-660.  Sec.  3,  Vol.  2-26-34-35- 
104-113-118-147-172-175-575.  Vol.  3-70.  Sec.  1,  Vol.  3- 
578.  Sec.  2,  Vol.  3-6-186-278-302-410-560.  Sec.  3,  Vol.  3- 
103-104-130-176.  Sec.  1,  Vol.  4-188-450.  Sec.  2,  Vol.  4-19- 
370-518-553-581.  Sec.  1,  Vol.  5-712.  Sec.  2,  Vol.  5-134- 
359-387-404-444-519.  Sec.  3,  Vol.  5-94-172-625.  Sec.  1, 
Vol.  6-4-579.  See.  2,  Vol.  6-284-600.  Sec.  4,  Vol.  6-135- 
357-306-516-653.  Sec.  1,  Vol.  7-227.  Sec.  2,  Vol.  7-9-186- 
553.  Sec.  3,  Vol.  7-33-537.  Sec.  1,  Vol.  8-372-605.  Sec.  2, 
Vol.  8-52-282-358.  Sec.  3,  Vol.  8-46-207-286-448-525.  See 
2,  Vol.  9-193-211-287-329-441-402.  Sec.  3,  Vol.  9-452-456. 
Sec.  1,  Vol.  10-674.  Sec.  2,  Vol.  10-141-257-398-413-562- 
585.  Sec.  3,  Vol.  10-431.  Sec.  1,  VoL  11-363.  Sec.  2, 
Vol.  11-201-278.  Sec.  3,  Vol.  11-20-527.  Sec.  1,  Vol.  12- 

163.  Sec.    2,    Vol.    12-26-41-228-267-319-464-493.      Sec.    3, 
Vol.  12-639.     Sec.  1,  Vol.  13-197-548-590-638.     Sec.  2,  Vol. 
13-170-197-461-489-495-722.      Sec.   3,   Vol.   13-713.     Sec.   2, 
Vol.  15-328-359-377-427.     Sec.  3,  Vol.  15-304-364-398.     Sec 
2,   Vol.    16-8-34-184-340-482-516.      Sec.   3,   Vol.    16-200-287. 
Sec.   1,   Vol.   17-396.     Sec.   2,  Vol.    17-117-137-149-151-259- 
390-413-530-586.     Sec.  3,  Vol.  17-124-244-563.     Sec.  2,  Vol. 
18-76-98-432-579.     Sec.  3,  Vol.  18-215-438.     Sec.  2,  Vol.  19- 
362-382-517-547.     Sec.  3,  Vol.  19-81-372-553.     Sec.  1,  Vol. 
20-152-365.     Sec.  21,  Vol.  20-3-154-180-198-325-343.     Sec.  2, 
Vol.  21-189.     Sec.  3,  Vol.  21-453.     Sec.  2,  Vol.  22-189-250- 
301-419-416-661.     Sec.  3,  Vol.  22-81-160.     Sec.  2,  Vol.  23- 
183-264-524.    Sec.  3,  Vol.  23-188.     Sec.  I,  Vol.  24-495.    Sec. 
2,  Vol.  24-90-221-295.     Sec.  3,  Vol.  24-181-183-523.     Sec.  2, 
Vol.  25-283-290-311.     Sec.  3,  Vol.  25-396-425-528.     Sec.   1, 


50 


Date  of  Act.     Page. 


May  14,  1880-146. 

May  14,  1880-141. 
May  27,  1880-105. 
May  27,  1880-142. 
May  28,  1880-143. 


June    4,  1880-543. 
June    8,  1880-166. 


June    9,  1880-169. 


June  9,  1880-171. 
June  10,  1880-172. 
June  15,  1880-237. 


June  15,  1880-199. 


June  15,  1880-205. 
June  16,  1880-287. 


Vol.  L.  D.     Page  L.  D.  Page  this  book. 

Vol.  26-339-439.  Sec.  2,  Vol.  26-2-34-211-385-659.  Sec.  3, 
Vol.  26-2-207-39-642.  Sec.  2,  Vol.  27-589.  Sec.  3,  Vol.  27- 
309-532-563.  Sec.  2,  Vol.  28-137.  Sec.  3,  Vol.  28-92-200- 
420.  Sec.  2,  Vol.  29-96-168-682-708.  Sec.  3,  Vol.  29-300- 
314.  Sec.  2,  Vol.  30-10-62-110.  Sec.  3,  Vol.  30-3-567.  Sec. 
2,  Vol.  31-343-409.  Sec.  3,  Vol.  31-48-59-81-138.  Sec.  2, 
Vol.  32-286-294-398.  Sec.  3,  Vol.  32-9-378-525.  Sec.  2, 
Vol  33-11-24-381-467-656.  Sec.  3,  Vol.  33,388-672-674.  Sec. 
2,  Vol.  34-375-399-529-616.  Sec.  1,  Vol.  35-30.  Sec.  2, 
Vol.  35-21-64-69-186-571.  Sec.  3,  Vol.  35-94.  Sec.  1,  Vol. 
36-441.  Sec.  2,  Vol.  36-81.  Sec.  3,  Vol.  36-163-345-427. 
Sec.  1,  Vol.  37-322-383.  Sec.  2,  Vol.  37-163-185-452-514- 
562.  See.  3,  Vol.  37-478-579.  Sec.  2,  Vol.  38-23.  Sec.  3, 
Vol.  38-223-604.  Sec.  1,  Vol.  39-268.  Sec.  2,  Vol.  39-342- 
434-489.  Sec.  2,  Vol.  39-280.  Vol.  40-28-287-356-459.  .544 

Sec.  1,  Vol.  14-83-145-305-383.  Sec.  2,  Vol.  14-13-299-315-381- 
530.  Sec.  3,  Vol.  14-269-305. 

Vol.  40-229-395-459. 

Vol.  1-3-7-15.    Sec.  2,  Vol.  1-16.    Sec.  3,  Vol.  1-9-16. 

VoL  13-584.     Sec.  1,  Vol.  35-95. 

Vol.  1-520.  Vol.  2-573.  Vol.  4,  146.  Vol.  5-404-547.  Vol. 
6-113-175-539-601.  Vol.  7-31-278.  .  Vol.  8-111-173.  Vol.  9- 
100-353-589.  Vol.  10-23-36-602.  Vol.  11-62-259-268-319. 
Vol.  12-13.  Vol.  13-58.  Sec.  2,  Vol.  13-524-530-567.  Vol. 
14-172-204-249.  Vol.  18-399-441-570.  Vol.  23-144.  Vol. 
24-58.  Vol.  25-162.  Vol.  33-11.  Sec.  1,  Vol.  35-415. 

Vol.  1-24.     Vol.  2-29-111.     Vol.  18-332. 

Vol.  2-101-103.  Vol.  6-551.  Vol.  11-354.  Vol.  24-495.  Vol. 
28-5.  Vol.  29-710.  Vol.  32-525.  Vol.  34-169.  Vol.  35-514. 
Vol.  37-213-577.  Vol.  38-420-515-574 352 

Vol.  2-201-224.  Vol.  3-97-126-154-298.  Vol.  4-211.  Vol.  5- 
458.  Vol.  6-138-311.  Vol.  8-411-484-510.  Vol.  11-362. 
Vol.  38-358. 

Vol.  8-380.     Vol.  17-355.     Vol.  19-77.     Vol.  38-486. 

Vol.  6-659. 

Sec.  2,  Vol.  1-26-35-51-53-55-57-69-72-73-74-75-96.  Sec.  1,  Vol. 
2-829-831-833.  Sec.  2,  Vol.  2-46-52-53-75-76-78-82-93-98-99- 
114-125-128-166-523.  Sec.  2,  Vol.  2-677.  Sec.  2,  Vol.  3-49- 
190-374-466-490.  Sec.  3,  Vol.  3-339.  See.  2,  Vol.  4-33-465- 
493-581.  Sec.  2,  Vol.  5-10-11-117-302-336-530-535-592.  Sec. 

1,  Vol.   6-725-738.     Sec.   2,  Vol.   6-8-94-95-409-446-451-641- 
766.     Sec.   2,  Vol.   7-94-145-147-28-301-325-330-342-381-500- 
512-570.     Sec.  2,  Vol.  8-75-235-245-330-403-532-579-595-606. 
Sec.  3,  Vol.  8-87.     Sec.  2,  Vol.  9-18-75-97-178-195-311-390- 
604.     Sec.  2,  Vol.  10-111-129-392-410-588-678.     Sec.  2,  Vol. 
11-261-416-462-555-570-587-598.    Sec.  3,  Vol.  11-99.    Sec.  2, 
Vol.   12-310-320-393-469.     Sec.   2,  Vol.   13-118-183-257-487- 
545-694.     Sec.  2,  Vol.   14-76-103-616.     Sec.  2,  Vol.  15-81- 
136-213.     Sec.  2,  Vol.  16-183-557.     Sec.  2,  Vol.  17-366-512. 
Sec.  2,  Vol.  18-346.     Sec.  2,  Vol.  19,-182.     Sec.  2,  Vol.  20- 
528.     Sec.  3,  Vol.  20-216.     Sec.  2,  Vol.  21-26-38-483.     Sec. 

2,  Vol.  23-81-264-469-484.     Sec.  2,  Vol.  24-36-58-229.     Sec. 
2,  Vol.   25-189-327-453.     Sec.  2,  Vol.  26-239-317.     Sec.   3, 
Vol.  27-147.    Sec.  2,  Vol.  28-204.    Sec.  3,  Vol.  28-248.     Sec. 

2,  Vol.  29-687.     Sec.  2,  Vol.  31-143-218-435.     Sec.  3,  Vol. 
31-201.    See.  2,  Vol.  32-281-348.     Sec.  2,  Vol.  35-393.    Sec. 

3,  Vol.  35-601.     Sec.  2,  Vol.  36-488-515.     Sec.  3,  Vol.  37- 
688-692.     Vol.  38-231.     Sec.  3,  Vol.  38-326.     Vol.  40-351. 

Vol.  3-297.  Vol.  6-414.  Vol.  7-191.  Vol.  9-293.  Vol.  11- 
479.  Vol.  14-267.  Vol.  18-535.  Vol. '19-383.  Vol.  25-97- 
411.  Vol.  26-78.  Sec.  3,  Vol.  27-45.  Vol.  28-382.  Vol. 
29-456.  Vol.  32-119.  Vol.  39-615. 

Vol.  29-456. 

Vol.  1-533.  Sec.  2,  Vol.  525-527-528-530-532.  Vol.  2-661-663- 
675-680-682-684-686-691-693-694.  Col.  3-519.  Vol.  4-293.  Vol. 
5-115-438-528.  Vol.  6-348-666.  Vol.  7-30-100-297-474-510. 
Vol.  8-163-322-463-492-530.  Vol.  9-51-104-262-643-679.  Vol. 


51 


Date  or  Act.     Page. 


June  16,  1880-287. 


June  16,  1880-288. 
June  16,  1880-291. 
Dec.  15,  1880-311. 
Jan.  18,  1861-315. 


Feb.  18,  1881-326. 
Mar.  3,  1881-310. 
Mar.  3,  1881-380. 

Mar.  3,  1881-505. 
Mar.  3,  1881-511. 


Mar.  28,  1882-  35. 
Mar.  28,  1882-  36. 
Apr.  11,  1882-  42. 

Apr.  26,  1882-  49. 


July     3, 

July  15, 
July  28, 
Aug.  4, 
Aug.  7, 
Aug.  7, 
Aug.  7, 


1882-148. 
1882-168. 
1882-178. 
1882-217. 
1882-  34. 
1882-327. 
1882-341. 


Aug.  7,  1882-348. 

Aug.  7,  1882-349. 

Mar.  1,  1883-433. 

Mar.  1,  1883-444. 

Mar.  3,  1883-484. 


Mar. 
Mar. 


3,  1883-485. 
3,  1883-487. 


Mar.    3,  1883-526. 

Mar.    3,  1883-563. 

July     4,  1884-  96. 

Mar.    3,  1883-487. 

Apr.  23,  1884-  12. 


Vol.  L.  D.  Page  L.  D.  Page  this  book 
1012-554.  Vol.  12-79-297-316-432-528-607.  Vol.  13-359-396- 
572.  Vol.  14-101-237-544.  Vol.  15-99-261.  Vol.  17-140-340- 
489.  Vol.  19-244-580.  Sec.  2,  Vol.  20-160-217-552.  Vol. 
21-21-210-248-366.  Vol.  22-323-615.  Sec.  2,  Vol.  23-63-138- 
250-282-414-555.  Sec.  2,  Vol.  24-247-255-309-498-537-539- 
542-575.  Sec.  2,  Vol.  25-89-112-161-210-308-310.  Vol.  26- 
630.  Sec.  2,  Vol.  26-4-283-284-328-419-425.  Vol.  27-273- 
296-449-452-601  535 

Vol.  28-21-22-25-133-164-201-248-422-456-551.  Vol.  29-145-188- 
400-438-639-660-688.  Sec.  2,  Vol.  30-4-55-138-256-297-356- 
363-430.  Vol.  31-271-278-354.  Sec.  2,  Vol.  31-123-311.  Sec. 
2,  Vol.  32-260-420-471-563-660.  Sec.  2,  Vol.  33-272-317- 
438.  Sec.  2,  Vol.  34-532-618.  Vol.  35-153-580.  Sec.  2, 
Vol.  35-177-517-600.  Vol.  36-388-429-264.  Sec.  2,  Vol.  36- 
98-266.  Vol.  37-235-339-352.  Vol.  38-152-270-323.  Sec.  2, 
Vol.  39-140-147-154-91-478.  Vol.  40-107 490 

Vol.  3-465.     Vol.  27-326. 

Vol.  9-589. 

Vol.  4-146.    Vol.  6-175-539.    Vol.  9-589.    Vol.  35-415. 

Vol.  2-192.  Sec.  3,  Vol.  3-580.  Vol.  6-751.  Vol.  8-315.  Vol. 
9-74.  Vol.  10-437.  Vol.  15-195.  Vol.  16-3.  Vol.  17-94-391. 
Vol.  18-37-528.  Vol.  19-446.  Vol.  23-468.  Vol.  32-658. 
590 

Vol.  8-55.    Vol.  9-233.    Vol.  12-89.    Vol.  14-143.    Vol.  37-88. 

Vol.  4-393. 

Vol.  13-80.  Vol.  21-56.  Vol.  23-144.  Vol.  28-424.  Vol.  37- 
714. 

Vol.  4-224.  Vol.  7-412.  Vol.  23-257.  Vol.  37-717-739.  Vol. 
38-391  385 

Vol.  2-145'.  Vol.  3-462. '  Vol.  4-303.  Vol.  6-369-569.  Vol. 
13-16.  Vol.  24-524. 

STATUTE  NO.  22. 

Vol.  18-124.     Vol.  21-220.     Vol.  28-359. 

Vol.  10,  563. 

Vol.  3-158.    Vol.  16-229.     Vol.  17-361.     Vol.  19-27.     Vol.  21- 

472. 
Vol.  6-621.    Vol.  11-162.    Vol.  22-275.    Vol.  33-555-680.    Vol. 

34-316.     Vol.  37-740 387 

Vol.  27-430. 

Vol.  2-206. 

Vol.  2-730.    Vol.  3-357.    Vol.  6-414.    Vol.  9-293.    Vol.  27-45. 

Vol.  6-600.     Vol.  11-290. 

Vol.  20-159. 

Vol.  4-327.     Vol.  12-24. 

Vol.  5-708.     Vol.  7-190.     Vol.  12-372.     Vol.  27-399.     Vol.  28- 

183.     Vol.  30-82.     Vol.  38-562. 
Vol.  13-584.     Vol.  35-99.     Vol.  37-202. 
Vol.  35-5. 

Vol.  25-100.  Vol.  34-703. 
Vol.  20-159.  Vol.  34-703. 
Vol.  2-661-666-671.  Vol.  3-175.  Sec.  1,  Vol.  3-125.  Vol.  5- 

578.     Vol.  9-61.     Vol.  14-646.     Vol.  16-550.     Vol.  26-658. 

Vol.  32-555.     Vol.  33-679.     Vol.  35-139.     Vol.  36-116-194. 

Sec  2,  Vol.  38-575. 
Sec.  2,  Vol.  4-3-13-444. 
Vol.  2-35-36.     Vol.  3-169-176.     Vol.  7-461-512-560-570.     Vol. 

8-74-297-448-532.   Vol.  9-172-203-635-643.    Vol.  10-141.    Vol. 

11-142-548-557.     Vol.   12-550-635.     Vol.    15-563.      Vol.    16- 

544.     Vol.  19-389.     Vol.  23-251.     Vol.  25-240.     Vol.  28-90. 

Vol.  29-539.    Vol.  31-136.    Vol.  36-109.    Vol.  37-740. .  .388 
Vol  2-677.     Vol.  3-339.     Vol.  20-217. 
Vol.  3-333.     ' 
Vol.  3-91. 
Vol.  14-268-292. 
Vol.  6-502. 


52 

STATUTE  NO.  23. 

Date  of  Act.     Page.         Vol.  L.  D.     Page  L.  D.  Page  this  book. 

Apr.     2,  1884-  10.     Vol.  5-698.     Vol.   6-419.     Vol.   13-729. 

May     1,  1884-  15.     Vol.  31-262. 

May     1,  1884-  17.     Vol.  31-262. 

May  17,  1884-  24.     Vol.  4-128.    Vol.  12-120-427.    Vol.  15-586.    Vol.  22-334.    Vol. 

23-419.     Sec.  8,  Vol.  23-8-196.     Sec.  8,  Vol.  25-212-291-483. 

Sec.  8,  Vol.  26-104-236-308.     Vol.  28-427.     Vol.  29-359-395- 

685.     Vol.  30-418.     Vol.  31-88.     Sec.  8,  Vol.  32-446.     Sec. 

8,  Vol.  35-298.     Sec.  8,  Vol.  36-261.     Vol.  37-250-335-338- 

740.     Sec.  8,  Vol.  39-597.     Vol.  40-426-537 388 

May  13,  1884-  22.     Vol.  5-338. 

May  17,  1884-  24.     Sees.  8  and  12,  Vol.  19-324-583. 

June  28,  1884-  61.     Vol.  5-271.     Vol.  6-443-445. 

July     4,  1884-  89.     Vol.  5-102-541.     Vol.  8-409.    Vol.  10-4.    Vol.  12-52.     Vol.  13- 

231.      Vol.    18-111.      Vol.    22-502-578.      Vol.    24-490.      Vol. 

26-19 
July     4,  1884-  79.     Vol.  16-17.    Vol.  32-569.    Vol.  34-127.     Vol.  37-284-388.    Vol 

40-213. 

July  4,  1884-  73.  Vol.  17-297.  Vol.  28-417.  Vol.  34-624. 
July  4,  1884-  76.  Vol.  25-478.  Vol.  32-569.  Vol.  32-293-658.  Vol.  34-127.  Vol. 

35-81.  Vol.  37-284-388-220.  Vol.  40-213. 
July  4,  1884-  80.  Vol.  36-131. 
July  4,  1884-  96.  Vol.  3-91.  Vol.  8-57.  Vol.  11-305.  Vol.  18-305.  Vol.  20- 

300-508.     Vol.  24-216.     Vol.  25-178.     Vol.  29-277.     Vol.  30- 

376     Vol.  31-418.     Vol.  32-293-658.     Vol.  35-81.     Vol.  37- 

220. 
July     4,  1884-  98.     Vol.  3-113-120. 

July     4,  1884-101.      Vol.  4-528.     Sec.  5,  Vol.  5-337.     Vol.  22-435 525 

July     4,  1884-103.     Vol.  3-297-557-577.     Vol.  5-555-634.     Vol.  6-19.     Vol.  7-191- 

369-403.    Vol.  8-318.    Vol.  9-68-104.    Vol.  10-489-602.     Vol. 

12-193-288.     Vol.  13-533.     Vol.  14-77-233-298-527-622.     Vol. 

15-487.   Vol.  16-439.   Vol.  17-356.   Vol.  18-265-535-605.   Vol. 

19-48-76-205-393-477.     Vol.  20-416.     Vol.  21-432.     Vol.  22- 

3-597.     Vol.  23-14-237-569.     Sec.  5,  Vol.  23-516.     Vol.  24- 

271-326.     Vol.  25-261.     Vol.  26-89-237-330.     Vol.  27-82-693. 

Vol.    28-2.      Vol.    29-418-501.      Vol.    30-90-140-215-288-302- 

311-395.     Vol.  31-115-193.     Vol.   33-131-312-413-488.     Vol. 

34-296.      Vol.    35-279-296-417.      Vol.    36-77-343-549.      Vol. 

37-667.     Vol.  38-47-332.     Vol.  39-124-138-369.     Vol.  40-315. 
July     7,  1884-186.     Vol.  5  505. 
July     7,  1884-236.     Vol.  35-600. 
Jan.   31,  1885-296.     Vol.  4-15.     Vol.  5-271-550.     Vol.  6-686.     Sec.  2,  Vol.  6-677. 

Vol.  8-531.     Vol.  12-378.     Vol.  16-493.     Vol.  18-164.     Vol. 

20-175.     Vol.  37-273. 
Feb    25,  1885-321.     Vol.  4-392.    Vol.  12-383-490.     Vol.  13-703.    Vol.  28-252.    Vol. 

29-364.     Vol.  31-295.     Vol.  36-142. 
Feb.  28,  1885-337.     Vol.  4-217.     Vol.  6-157.     Vol.  8-530.     Vol.  9-261.     Vol.   12- 

298.     Vol.  14-8. 

Mar.    3,  1885-499.     Vol.  4-271.     Vol.  31-211. 
Mar.    3,  1885-478.     Vol.  13-295.     Vol.  31-211. 
Mar.    3,  1885-446.     Vol.  14-79. 

Mar.     3,  1885-341.     Sec.  2,  Vol.   15-340.     Vol.   20-159-295. 
Mar.    3,  1885-340.     Vol.  19-577.     Vol.  22-315.     Vol.  24-326.     Vol.  27-312.     Vol. 

31-392.     Vol.  33-120-354-472-516.     Vol.  34-627.     Vol.  38-39- 

143 

Mar.    3,  1885-371.     Vol.  21-56.     Vol.  23-145.     Vol.  28-425. 
Apr.  17,  1885-844.     Vol.  24-529. 
July     6,  1886-123.     Vol.  25-227-357. 

STATUTE  No.  24. 

May    2,  1886-  22.     Vol.  12-550.     Vol.  16-188.     Vol.  20-56. 
May  15,  1886-  23.     Vol.  6-558.     Vol.  17-81-305.     Vol.  32-47. 
June    1,  1886-  73.     Vol.  32-306. 
July    3,  1886-170.     Vol.  28-411. 

July    6,  1886-123.     Vol.  5-296.     Vol.  6-G80-813.     Vol.  9-429.     Vol.   11-535.     Vol. 
17-391.     Vol.  27-241.     Vol.  28-23-479.     Vol.  29-136-299-640 


53 

Date  of  Act.     Page.          Vol.  L.  D.      Page  L,.  D.  Page  this  boo* 

678.     Vol.  30-111-389.     Vol.  31-278-327-434.     Vol.  32-51-77 

Vol.  33-516.     Vol.  37-100-237. 
July  12,  1886-144.     Vol.  31-348. 

Aug.    2,  1886-214.     Vol.  5-708.     Vol.  21-56.     Vol.  23-145.     Vol.  28-425. 
Aug.    4,  1886-222.     Vol.  32-556. 
Aug.    4,  1886-239.      Vol.  5-579.     Vol.  8-296.     Vol.   9-61.     Vol.   12-372-479.     Vol. 

14-646.     Vol.  15-433.     Vol.  26-658.     Vol.  29-415.     Vol.  32- 

556.     Vol.  36-194. 
Aug.    4,  1886-439.     Vol.  16-34. 
Feb.    8,  1887-388.     Vol.  5-520.     Sec.  4,  Vol.   8-647.     Vol.   9-392.     Vol.   11-103. 

Vol.  12-169-181-185-205-358.     Sec.  4,  Vol.  12-16.     Vol.  13- 

308-312-318.      Sec,    4,    Vol.    13-185-310.      Vol.    14-235-464. 

Sec.  3,  Vol.  15-75.     Sec.  5,  Vol.  15-78-287.     Sec.  6,  Vol. 

15-287.    Vol.  17-142-388.    Vol.  18-497.    Sec.  5,  Vol.  18-211. 

Vol.    19-168-321-328-329.      Sec.    9,   Vol.    19-457.      Vol.    20- 

158-167-462.     Sec.   3,   Vol.  20-167.     Sec.  4,  Vol.  20-19-46. 

Vol.  21-271.     Vol.  22-709.    Sec.  4,  Vol.  22-36.    Sec.  8,  Vol. 

22-216.    Vol.  24-214-311-424-511.    Sec.  4,  Vol.  24-264.    Vol. 

25-101-364-427.     Sec.  4,  Vol.  25-442.     Vol.  26-45-73.     Sec. 

4,  Vol.  26-207-275.     Vol.  27-416-456.     Sec.  6,  Vol.  27-504. 
Vol.  28-721.     Sec.  4,  Vol.  28-564.     Vol.  29-123-239-252-332- 
409-630.     Sec.  4,  Vol.  129-132-500.    Sec.  5,  Vol.  30-114-258- 
376-534-546-606.     Sec.  4,  Vol.  31-417.     Sec.  5,  Vol.  31-324. 
Sec.  4,  Vol.  32-17-658.     Sec.  5,  Vol.  32-293.     Vol.  33-207- 
298-310.     Sec.   4,   Vol.    33-206-454.     Sec.   4,   Vol.   34-381. 
Sec.  6,  Vol.  34-256-703.     Sec.  4,  Vol.  35-549.     Sec.  6,  Vol. 
35-81.     Sec.  5,  Vol.  36-114-135-210-243.     Sec.  6,  Vol.  36- 
211.     Sec.  4,  Vol.  37.-220.     Vol.  38-554-558.     Sec.  4,  Vol. 
38-554.     Sec.  5,  Vol.  38-559.    Sec.  6,  Vol.  38-423-560.    Vol. 
40-30-148-180-413. 

Feb.  8,  1887-391.  Sec.  3,  Vol.  5-594.  Vol.  8-25-377.  Sec.  2  and  4,  Vol.  10-637. 
Sec.  2  and  4,  Vol.  13-157.  Vol.  14-323-330-365.  Vol.  15- 
346.  Vol.  21-246.  Sec.  2,  Vol.  25-61.  Sec.  2,  Vol.  26- 
418.  Sec.  2,  Vol.  29-244.  Sec.  2,  Vol.  33-324. 

Feb.    8,  1887-392.     Sec.  2,  Vol.  27-274. 

Feb.  15,  1887-402.     Vol.  14-36.     Vol.  18-510. 

Mar.    2,  1887-446.     Vol.  17-227.     Vol.  38-415. 

Mar.    3,1887-550.     Vol.  5-627.    Vol.  24-64 592 

Mar.    3,  1887-576.     Vol.  19-145-337.    Vol.  28-178. 

Mar.    3,  1887-526.     Vol.  9-61.     Vol.  12-372.     Vol.  29-415. 

Mar.  3,  1887-556.  Vol.  6-71-272-276-390-481-544-595-750.  Vol.  8-27-165-324- 
348-382-570-588.  Sec.  3,  Vol.  8-318-382.  Vol.  9-221-598. 
Sec.  2,  Vol.  9-637-649.  Sec.  4,  Vol.  9-199.  Vol.  10-29-50-54- 
166-568-576-609-610.  Sec.  3,  Vol.  10-264-307.  Vol.  11- 
588-603.  Sec.  2,  Vol.  11-358.  Sec.  5,  Vol.  11-229-536-590- 
620-607.  Vol.  12-210-28-347-543.  Sec.  3,  Vol.  12-272. 
Sec.  5,  Vol.  12-261-274.  Vol.  13-353-559.  Vol.  14-35-192- 
498.  Sec.  2,  Vol.  14-10-129-365.  Sec.  4,  Vol.  14-18.  Sec.  5, 
Vol.  14-237-498-554.  Sec.  3,  Vol.  15-121-91.  Sec.  5,  Vol. 
15-174.  Vol.  16-228-303-460.  Sec.  5,  Vol.  16-66-273.  Sec. 
7,  Vol.  16-424.  Vol.  17-365-420-429-442-437-589.  Sec.  3, 
Vol.  17-265-352.  Sec.  5,  Vol.  17-93-307-314.  Vol.  18-64- 
87-101-270-290-429-483.  Sec.  3,  Vol.  18-104.  Sec.  5,  Vol. 
18-176-502-528.  Vol.  19-46.  Sec.  4,  Vol.  19-148.  Sec.  5, 
Vol.  19-9-136-141-272-492-503-524.  Sec.  2,  Vol.  20-291-281- 
497-514.  Sec.  3,  Vol.  20-128.  Sec.  4,  Vol.  20-505.  Sec. 

5,  Vol.  20-64-142-227-278.     Vol.  21-390.    Sec.  2,  Vol.  21-46- 
52-162-265-436.       Sec.     5,     Vol.     21-26-138-293-374-507-5.j7. 
Vol.  22-62-170.     Sec.  3,  Vol.  23-429.     Sec.  5,  Vol.  22-32-34- 
94-216-238-459-515-549-558-587-669-682.     Vol.   23-579.     Sec. 

2,  Vol.  23-407.     Sec.  3,  Vol.  23-327.     Sec.  4,  Vol.  23-108- 
288-310.     Sec.  5,  Vol.   23-180-216-301-337-508-543.     Sec.  5, 
Vol.    24-42-164-172-256-409-482.    Vol.    24-541.    Vol.   25-390. 
Sec.  4,  Vol.  25-117-469.   Sec.  5,  Vol.  25-77-151-194-499.   Vol. 
26-30-227-489.     Sec,  3,  Vol.  26-228-371.   Sec.  4,  Vol.  26-271- 
350-407.     Sec.   5,  Vol.   26-228-252-503.     Vol.   27-428.     Sec. 

3,  Vol.  27-552.    Sec.  4,  Vol.  27-707-717.    Vol.  28-128.    Sec. 


54 


Date  of  Act.     Page. 


Feb.  18,  1886-  35. 
Apr.  2,  1888-  76. 
Mar.  3,  1888-  94. 
May  1,  1888-113. 
May  1,  1888-133. 

May  4,  1888-622. 
May  15,  1888-150. 


May  22, 
June  4, 
June  16, 
June  29, 
Aug.  6, 
Aug.  8, 
Aug.  9, 
Aug.  9, 


1888-158. 

1888-166. 

1888-626. 

1888-231. 

1888-359. 

1888-1145, 

1888-393. 

1888-392. 


Aug.  13,  1888-439. 
Sep.  1,  1888-452. 
Sep.  10,  1888-473. 
Oct.  2,  1888-525. 
Oct.  2,  1888-526. 


Vol.  17-94-315.     Vol.  20-279. 
Sec.  11,  Vol.  29-5. 


Oct. 
Oct. 


2,  1888-527. 
2,  1888-505. 


Oct.  2,  1888-506. 

Oct.  19,  1888-611. 

Oct.  19,  1888-612. 

Jan.  14,  1889-642. 


Feb.  13,  1889-668. 
Feb.  22,  1889-676. 


Feb.  22,  1889-676. 


Vol.  L.  D.  Page  L.  D.  Page  this  book. 
4  and  5,  Vol.  29-35-38-294-321-336-435-479-455-666-188-633- 
677.  Sec.  3-4-5,  Vol.  30-198-283-19-184-252-321-387-619. 
Vol.  31-426.  Sec.  5,  Vol.  31-326-434.  Sec.  5,  Vol.  32-77- 
113-116-209-259-410.  Sec.  4,  Vol.  33-198-490-606.  Sec.  5, 
Vol.  33-346-600.  Sec.  5,  Vol.  34-576-631.  Sec.  4,  Vol. 
35-504.  Sec.  5,  Vol.  37-100-237.  Vol.  38-246.  Sec.  5,  Vol. 
39-259.  Vol.  40-49 592 

STATUTE  No.  25. 

Vol.  31-192. 

This  book,  page  595. 

Vol.  10-330. 

Art.  6,  Vol.  27-455.  Vol.  33-181.  See.  3,  Vol.  36-7-77. 

Vol.  20-416.  Vol.  33-181.  Sec.  3,  Vol.  36-7-77.  Sec.  3, 

Vol.  37-389-409-440-667.  Sec.  3,  Vol.  39-561. 
Vol.  9-604.  Vol.  10-351.  Vol.  23-582.  Vol.  25-328.  Vol. 

28-207.  Vol.  35-611. 
Vol.  14-623.  Vol.  15-94. 
Vol.  9-326.   Vol.  12-112-372.   Vol.  13-529.   Vol.  17-491. 

Vol.  18-400.  Sec.  3,  Vol.  28-183. 
Vol.  30-24. 
Vol.  10-351. 
Vol.  7-335. 

Vol.  13-51.  Vol.  16-202. 
Vol.  18-132. 
Vol.  8,  495. 
Vol.  20-159.  Vol.  29-628.  Vol.  30-606.  Vol.  31-417.  Vol. 

33-221. 
Vol.  10-437. 
Vol.  15-432. 
Vol.  29-259. 
Vol.  8-365-613. 
Vol.  9-282.   Vol.  12-439.   Vol.  14-123-553.   Vol.  15-418. 

Vol.  17-341-521.  Vol.  18-4-350-352.   Vol.  21-203.   Vol. 

22-370.  Vol.  23-276-483.  Vol.  25-281.  Vol.  26-648.  Vol. 

28-172-194.  Vol.  34-223.  Vol.  36-484-575.  Vol.  39-28. .  .99 
Vol.  13-45-92.  Vol.  27-272. 
Vol.  30-334.  Vol.  31-246.  Sec.  21,  Vol.  31-250.  Vol.  34-223. 

Vol.  36-484-575.  Vol.  39-28 99 

Vol.  30-304. 

Vol.  12-184.  Sec.  2,  Vol.  15-76. 

Vol.  24-284.  Vol.  25-443.  Vol.  33-487. 

Vol.  10-3.  Vol.  12-62.  Vol.  13-230.  Vol.  14-497.  Vol.  16- 

427.   Sec.  6,  Vol.  17-512.   Vol.  22-3-2-388-499-500-578. 

Vol.  24-490.   Sec.  5,  Vol.  24-517.  Vol.  25-257-258-455. 

Vol.  26-84-116-275-665.  Sec.  6,  Vol.  26-19-619-647.  Vol. 

27-418-526.  Sec.  6,  ¥/)!.  28-243-374.  Vol.  29-119-132-285- 

408-62.  Sec.  3,  Vol.  29-408.  Vol.  31-251.  Sec.  6,  Vol. 

31-73-106.   Vol.  32-4-325-641.  Vol.  34-94-620-709.  Vol. 

35-67-482-532.  Vol.  36-324-365.  Sec.  3,  Vol.  36-234.  Vol. 

37-400.  Sec.  6,  Vol.  37-61.  Vol.  38-590-596.  Vol.  39-219- 

511. 

Vol.  10-348.  Vol.  27-415. 
Vol.  10-365.  Sec.  10-11,  Vol.  12-400.  Sec.  10-17,  Vol.  12- 

165.  Sec.  14,  Vol.  12-89.  Vol.  13-378-709-711.  Vol.  14- 

143-158-282-634.  Vol.  15-387.  Sec.  24,  Vol.  15-78.  Vol. 

16-264-438-459-462-528.  Sec.  12,  Vol.  17-575.  Sec.  17,  Vol. 

18-477.  Sec.  4,  Vol.  19-26.  Sec.  10,  Vol.  20-35-530.  Sec. 

10,  Vol.  21-328.  Sec.  11,  Vol.  21-222.  Sec.  13,  Vol.  22. 
550.  Sec.  10  and  18,  Vol.  23-315-397-426.  Sec.  10-11,  Vol. 

24-12-106-548-553.  Sec.  16  and  18,  Vol.  24-486.  Sec.  18 

and  19,  Vol.  24-549.  Sec.  10  and  18,  Vol.  25-233.  Vol. 

27-474.  Sec.  10,  Vol.  27-289.  Sec.  11,  Vol.  29-695.  Vol. 

30-278.  Vol.  31-386.  Sec.  10,  Vol.  32-657.  Sec.  3,  Vol. 

33-182.  Sec.  10,  Vol.  33-181-454.  Sec.  11,  Vol.  33-182-341. 

Vol.  34-486.  Sec.  10  and  11,  Vol.  34-658-718.  Sec.  17, 


55 

Date  of  Act.  Page.  Vol.  L.  D.  Page  L.  D.  Page  this  book 

Vol.  34-189.  Vol.  35-158-172.  Sec.  1,  Vol.  36-355.  Sec. 
10,  Vol.  36-93.  Sec.  12,  Vol.  36-76.  Sec.  10,  Vol.  37-409- 
470.  Sec.  17,  Vol.  37-387.  Sec.  10  and  11,  Vol.  38-248. 

Feb.  22,  1889-680.     Sec.  13,  Vol.  26-223. 

Mar.     1,  1889-1307.  Vol.  12-389.     Vol.  26-465.     Vol.  38-485. 

Mar.  1,  1889-757.  Vol.  15-357.  Vol.  17-365-415.  Sec.  2,  Vol.  18-551-592.  Sec. 
2,  Vol.  21-149-178-268.  Sec.  2,  Vol.  22-147.  Sec.  2,  Vo  . 
23-386.  Sec.  2,  Vol.  36-173. 

Mar.  1,  1889-759.  Vol.  13-70.  Sec.  2,  Vol.  18-551-592.  Sec.  2,  Vol.  21-149-178- 
268. 

Mar.    2,  1889-854.     Vol.  8-457.     Sec.  2,  Vol.  8-422.     Sec.  4,  Vol.  8-530-582.    Sec. 

5,  Vol.  8-428-474.     Sec.  6,  Vol.  8-500.     Sec.  7,  Vol.  8-581. 
Vol.  9-371-382-388.     Sec.  1,  Vol.  9-11.     Sec.  2,  Vol.  9-145- 
312-543-556.     Sec.  3,  Vol.  9-433.     Sec.  4,  Vol.  9-430.     Sec. 

6,  Vol.  9-543.     Sec.  7,  Vol.  9-123-283.     Vol.  10-179-192-315. 
Sec.  2,  Vol.  10-634.     Sec.  5,  Vol.  10-78-681.     Sec.  6,  Vol. 
10-661.     Sec.  7,  Vol.- 10-321-301-596.     Sec.  1,  Vol.  11-378- 
382.     Sec.  2,  Vol.  11-22-384.     Sec.  3,  Vol.  11-632.     Sec.  4, 
Vol.  11-99.    Sec.  6,  Vol.  11-364.     Sec.  1,  Vol.  12-201.    Sec. 
2,  Vol.  12-268-361.    Sec.  4,  Vol.  12-316.    Sec.  5  and  6,  Vol. 
12-558.     Sec.  1,  Vol.  13-550.     Sec.  2,  Vol.  13-217-207-576- 
436-257.    Sec.  4,  Vol.  13-325.     Sec.  5,  Vol.  13-595-614-610. 
Sec.  6,  Vol.  13-251-333.     Sec.  3,  Vol.  14-27-252-305-604-616. 
Sec.  3,  Vol.  14-95-208.     Sec.  4,  Vol.  14-8.     Sec.  5  and  6, 
Vol.   14-277.     Sec.  2,  Vol.   15-139-154-241-292-525.     Sec.  5, 
Vol.   15-218-221-365-408-548.     Sec.   6,   Vol.    15-119-285-365- 
548.     Sec.  1,  Vol.  16-326-335-383.     Sec.  2,  Vol.  16-331-350- 
386-517.    Sec.  3,  Vol.  16-348-390.    Sec.  5,  Vol.  16-530.    Sec. 
2,  Vol.  17-152.     Sec.  4,  Vol.  17-286.     Sec.  5,  Vol.  17-242. 
Sec.  6,  Vol.  17-243.     Sec.  2,  Vol.  18-520.     Sec.  3,  Vol.  18- 
321.     Sec.  4,  Vol.  18-346.     Sec.  1,  Vol.  19-9-381-478.     Sec. 
2,  Vol.   19-184-207-284-526.     Sec.   3,  Vol.  19-407.     Sec.  4, 
Vol.  19-459.     Sec.  5  and  6,  Vol.   19-43-371.     See.  1,  Vol. 
20-119-306.     Sec.  3,  Vol.  20-21-32-340-433.     Sec.  5,  Vol.  20- 
55-448.    Sec.  6,  Vol.  20-54-246-360-428.     Sec.  1,  Vol.  21-48- 
518.     See.  2,  Vol.  21-283-333.    Sec.  3,  Vol.  21-206.     Sec.  5, 
Vol.  21-22.     Sec.  1,  Vol.  22-15-558-657.    Sec.  2,  Vol.  22-99- 
490.     Sec.  3,  Vol.  22-140-180-706-716.     Sec.  6,  Vol.  22-95- 
257.    Sec.  2,  Vol.  23-65.     Sec.  3,  Vol.  23-404.    Sec.  2,  Vol. 
24-279-561.     Sec.   3,   Vol.   24-79.     Sec.    6,   Vol.   24-23-409. 
Sec.   2,   Vol.   25-82-115-311-475.      Sec.   6,   Vol.   25-113-327. 
Sec.   1,  Vol.   26-318-700.     Sec.   2,  Vol.   26-267-434-449-504- 
647-664.     Sec.  3,  Vol.  26-268.     Sec.  5,  Vol.  26-391.     Sec.  6, 
Vol.  26-383-604.     Sec.  2,  Vol.  27-290-538.     Sec.  3,  Vol.  27- 
317.    Sec.  6,  Vol.  27-129-364-586.    Sec.  2,  Vol.  28-208.    Sec. 
6,  Vol.  28-13-530-555.    Sec.  2,  Vol.  29-307-717.    Sec.  4,  Vol. 
29-640.     Sec.  5,  Vol.  29-185-217-308.     See.  6,  Vol.  29-217- 
308-647.     Sec.  7,  Vol.  29-324.     Sec.  1,  Vol.  30-617.    Sec.  3, 
Vol.  30-21.    Sec.  7  and  14,  Vol.  31-14-255.    Sec.  7,  Vol.  31- 
133-201-223-400.     Sec.  2,  Vol.  31-25-431.     Sec.  5,  Vol.  31- 
129-226.     Sec.  1,  Vol.  32-225.     Sec.  5,  Vol.  32-639.     Sec.  6, 
Vol.  32-135-505-630.     Sec.  1,  Vol.  33-625.     Sec.  2,  Vol.  33- 
329-363.     Sec.  3,  Vol.  33-259.     Sec.  5,  Vol.  33-348.     Sec.  6, 
Vol.  33-10-348-449.    See.  1,  Vol.  34-22-243.    Sec.  5,  Vol.  34- 
538.     Sec.   6,  Vol.   34-9-295-539-639-647.     Sec.   7,  Vol.   34- 
601.     Sec.   1,  Vol.   35-45-401-583-610.     Sec.   3,   Vol.   35-76- 
254-270-355-374.     Sec.  4,  Vol.  35-178.     Sec.  5,  Vol.  35-257- 
325.  Sec.  6,  Vol.  35-425.     Sec.  1,  Vol.  36-206-219-545.     Sec. 
2,  Vol.    36-231.      Sec.   3,    Vol.   36-75-153-174-195.      Sec.    5, 
Vol.  36-46-222.     Sec.  6,  Vol.  36-47-97-403.     Sec.  1,  Vol.  37- 
24-29-67-231-533-530.     Sec.  7,  Vol.  37 -. 346 

Mar.  2,  1889-854.  Sec.  2,  Vol.  37-5-62.  Sec.  5,  Vol.  37-332.  Sec.  6,  Vol.  37- 
121-332.  Sec.  6,  Vol.  38-274-514-592.  Sec.  1,  Vol.  39-13. 
Sec.  3,  Vol.  39-74-361.  Sec.  5,  Vol.  39-347.  Vol.  40-75- 
234-379. 

Mar.    2,  1889-1004.  Vol.  8-336-425.     Vol.  10-660.     Vol.  11-106.     Sec.  13,  Vol.  11- 


56 

Date  of  Act.  Page.  Vol.  L.  D.  Page  L.  D.  Page  this  book. 

330.  Vol.  12-617-653.  Vol.  13-186-640.  Sec.  13,  Vol.  13- 
10-66-410.  Sec.  13,  Vol.  15-211-222-268-397-356-374-388-581- 
514.  Sec.  13,  Vol.  16-74-309-375.  Sec.  13,  Vol.  17-118-154- 
175-242-403-415-526-543.  Vol.  20-49-481.  Vol.  21-40-86-101- 
147-148-151-153-160-176-367-274-284-370-499-535-552.  Vol. 
35-347.  Sec.  12,  Vol.  36-335.  Sec.  13,  Vol.  36-173. 

Mar.  2,  1889-1005.  Sec.  13,  Vol.  9-333.  Sec.  12,  13  and  14,  Vol.  18-407-495-552- 
560-592-598.  Sec.  13,  Vol.  26-448.  Sec.  13,  Vol.  27-300- 
557-588.  Sec.  13,  Vol.  31-49.  Sec.  13,  Vol.  33-126. 

Mar.  2,  1889-1008.  Vol.  9-228-542.  Vol.  10-29.  Vol.  11-460.  Vol.  12-214.  Vol. 
13-434-463.  Sec.  3,  Vol.  13-673.  Vol.  14-226-593.  Vol.  15- 
485.  Sec.  5,  Vol.  16-368-280.  Vol.  17-495.  Sec.  3,  Vol.  18- 
392-404.  Sec.  3,  Vol.  19-110-150-170-370.  Sec.  4,  Vol.  19- 
281.  Vol.  22-215-360.  Vol.  23-312.  Vol.  26-288.  Vol.  27- 
570.  Sec.  3,  Vol.  30-161.  Sec.  3,  Vol.  32-126-393. 

Mar.  2,  1889-850.  Vol.  10-456.  Vol.  12-333.  Vol.  13-51.  Vol.  17-433.  Vol.  18- 
62.  Vol.  22-170.  Vol.  26-361. 

Mar.  2,  1889-888.  Vol.  10-562.  Sec.  21,  Vol.  10-328.  Vol.  11-231.  Vol.  12-164. 
Sec.  7,  Vol.  12-292.  Vol.  13-683.  Sec.  11  and  15,  Vol. 
13-307.  Sec.  23,  Vol.  13-657.  Sec.  8  and  13,  Vol.  14-464. 
Sec.  14  and  23,  Vol.  14-176-352.  Vol.  17-142-457.  Sec.  18, 
Vol.  18-188-209-421.  Sec.  16,  Vol.  19-429.  Sec.  13,  Vol. 
20-562.  Sec.  16,  Vol.  20-121.  Sec.  16,  Vol.  21-325.  Sec. 
24,  Vol.  21-220.  Sec.  21,  Vol.  22-551.  Sec.  8,  Vol.  24-330. 
Sec.  16-23,  Vol.  24-528.  Vol.  25-308-310.  Sec.  16  to  22, 
Vol.  26-347-223-294-324.  Sec.  21,  Vol.  27-72-395.  Sec.  21, 
Vol.  28-155-358-404.  Sec.  21,  Vol.  29-541.  Sec.  18,  Vol. 
29-331.  Sec.  18,  Vol.  30-354-534.  Vol.  32-505-577.  Vol. 
33-381.  Sec.  21,  Vol.  33-382.  Sec.  13,  Vol.  34-253.  Sec. 
21,  Vol.  38-314.  Sec.  8,  Vol.  40-10-30. 

Mar.     2,  1889-939.     Vol.  10-578. 

Mar.    2,  1889-998.     Vol.  12-475. 

Mar.     2,  1889-1013.  Vol.  12-168.     Vol.  15-289.     Vol.  19-330.     Vol.  29-239. 

Mar.  2,  1889-980.  Sees.  12,  13  and  14,  Vol.  18-408-495-552-560-692-598-520. 
Sees.  12,  13  and  14,  Vol.  19-31-290-292-337-520-541.  Vol. 
20-49-481.  Vol.  21-40-86-101-147-148-151-153-160-176-267- 
274-284-370-499-535-552.  Sec.  13,  Vol.  23-385-527.  Sec. 
14,  Vol.  24-301.  Sees.  13  and  14,  Vol.  25-504.  See.  13, 
Vol.  26-448.  Sec.  13,  Vol.  27-300-557-588.  Sec.  13,  Vol. 
28-304-449.  Sec.  13,  Vol.  29-108-246-372-528.  Sec.  16,  Vol. 
30-269-1005.  Sec.  13,  Vol.  31-49.  Sec.  13,  Vol.  33-126. 
Sec.  12,  Vol.  36-335.  Sec.  13,  Vol.  36-173. 

Mar.     2,  1889-871.     Vol.  22-38.     Vol.  30-292-375. 

Mar.     2,  1889-905.     Vol.  22-551. 

Mar.     2,  1889-989.     Sec.  13,  Vol.  22-147-484. 

Mar.     2,  1889-102.     Sec.  4,  Vol.  20-333. 

Mar.     2,  1889-877.     Vol.  17-440.    Vol.  18-563.    Vol.  19-2.    Vol.  26-6.    Vol.  28-332. 

STATUTE  No.  26. 

Apr.    1,  1889-544.     Vol.   31-50.     Vol.  33-381. 
Nov.    2,  1889-549.     Vol.  34-719. 
Nov.    8,  1889-551.     Vol.  33-182. 
Apr    22,  1890-  60.     Vol.  17-490.     Vol.  18-401. 
May    2,  1890-  81.     Sec.  22,   Vol.  10-605-668-673.     Sec.  22,  Vol.   11-68-79.     Vol. 

13-641-700.     Sec.  21-22,  Vol.  13-11-99.     Vol.  14-226.     Sec. 

21,     Vol.    14-13-452.     Sec.   22,   Vol.    14-13-146-419-452-505. 

Sec.  18,  Vol.  1-15-357-364.     Sec.  22,  Vol.  l'5-336.     Sec.  27, 

Vol.  15-364.     Vol.  16-74.     Sec.  21,  Vol.  16-100.     Sec.   18, 

Vol.  17-118-244.     Sec.  20,  Vol.  17-242.     Sec.  21,  Vol.  17-46. 

Sec.  22,  Vol.  17-248-335.     Vol.  17-227.     Vol.  18-406.     Sec. 

20,  Vol.  18-50.     Sec.  22,  Vol.  18-475.     Sec.  4  and  20,  Vol. 

19-541.     Sec.   2,  Vol.   19-40-43-335-348-364.     Sec.   20,   Vol. 

20-1.    Sec.  22,  Vol.   20-813-473-507-524.    Sec.   20,  Vol.   21- 

268-503.     Sec.  22,  Vol.   21-133-426.     Sec.   21,  Vol.   22-533. 

Sec.  22,  Vol.  22-190-367.     Sec.  20,  Vol.  23-251-547.     Sec. 

20,  Vol.  24-242.     Sec.  21,  Vol.  24-186-305.     Sec.  22,  Vol. 

24-186.     Sec.  23,  Vol.  24-160.     Sec.  22,  Vol.  25-313.     Vol. 


57 


£>ate  of  Act.     Page. 


May    8.  1890-104. 
May  14;  1890-109. 


May  24,  1890-121. 


May  26,  1890-221. 
June  2,  1890-126. 
June  20,  1890-169. 


June  27,  1890-182. 
July    3,  1890-215. 


July  10,  1890-222. 
July  10,  1890-227. 
Aug.  19,  1890-329. 
Aug.  19,  1890-336. 
Aug.  29,  1890-369. 

Aug.  30,  1890-389. 
Aug.  30,  1890-371. 


Aug.  30,  1890-391. 


Aug  30,  1890-390. 
Sep.  25,  1890-478 
Sep.  29,  1890-496. 


Vol.  L.  D.     Page  L.  D.  Page  this  book. 

26-536.     Sec.    20,   Vol.    26-61-369.      Sec.   22,   Vol.    26-393. 

Vol.  27-415-243-438-546-648-702-705-582.    Sec.   20,  Vol.  28- 

199.     Sec.  22,  Vol.  28-469.     Vol.  29-147.     Sec.  22,  Vol.  29- 

528.     Sec.  18,  Vol.  30-245-269.     Sec.  20,  Vol.  30-371.     Sec. 

22,  Vol.  30-352.    Sec.  20,  Vol.  31-87-168-247.    Sec.  21,  Vol. 

31-50.     Sec.  22,  Vol.  31-145.     Vol.  32-166.     Sec.  18,  Vol. 

32-574.     Sec.   22,  Vol.   32-168-503.     Sec.   22,  Vol.   34-356. 

Vol.  36-348.     Sec.  20,  Vol.  35-169-352.     Sec.  18,  Vol.  36- 

172-335.     Sec.  20,  Vol.  36-172-398.     Sec.  21,  Vol.  36-231. 

Sec.  22,  Vol.  36-88-151.     Sec.  25,  Vol.   36-172-335.     Vol. 

37-178.     Sec.  18,  Vol.  37-108. 
Vol.  22-674.     Vol.  26-224. 
Vol.  10-604-666.     Vol.  13-9-404-690.     Vol.  14-295.     Vol.  15- 

212-270-327.     Vol.    16-74.     Vol.    17-335.      Vol.   18-123-547. 

Sec.  4,  Vol.  18-391.     Vol.  19-290-231-334-365.     Sec.  1,  Vol. 

19-44.     Sec.  2,  Vol.  19-15.     Vol.  20-203-268-543.     Vol.  21- 

52-522.     Vol.   22-116-507.     Sec.  4,  Vol.  23-196.     Vol.  24- 

356-470-580-583.     Vol.   25-313.      Vol.    26-398-638.     Sec.    1, 

Vol.    27-615.     Vol.    29-175-502-528.     Sec.   4,   Vol.    34-531. 

Vol.  37-269. 
Vol.    10-687.     Vol.   11-361.     Vol.    15-156-249. 

Vol.  18-92-365-485.     Vol.  20-112-309-472-482. 

295.     Vol.   22-488-515-526.     Vol.  24-307-443. 

Vol.  27-156-577.    Vol.  29-356.    Vol.  31-48-286. 
Vol.  28-73. 
Vol.  28-376. 
Vol.  15-302.    Vol.  16-306.     Vol.  17-365. 

550-581.      Vol.    19-191.      Vol.    22-324. 

24-465.     Vol.   26-35-117.     Vol.  29-153. 

36-171. 
Vol.  32-358. 
Vol.  16-459-496.    Sec.  11,  Vol.  23-147.     Sec.  11,  Vol.  24-272. 

Vol.  29-590.     Vol.  30-1-80.     Vol.  35-53.     Sec.  4,  Vol.  37- 

135-456-457.     Sec.  5,  Vol.  37-138.     Sec.  8,  Vol.  37-26-68. 

Sec.  10,  Vol.  37-68.     Sec.  11,  Vol.  37-71.     See.  4  and  5, 

Vol.  38-226.     Sec.  8,  Vol.  39-584. 
Vol.  18-473.     Sec.  4,  Vol.  18-345.    Sec.  2,  Vol.  27-35. 
Vol.  15-93.     Vol.  22-97-287. 
Vol.  20-432.     Vol.  28-185. 


Vol.  17-244. 
Vol.  21-159- 
Vol.  25-423. 
Vol.  38-358. 


Vol.  18-133-381-409- 
Vol.  23-485.  Vol. 
Vol.  31-247.  Vol. 


Vol.  14-623. 
Vol.  12-326. 
Vol.  12-293. 
Vol.  11-434. 


Vol.  27-382.     Vol. 


Vol.  30-334.     Vol. 


Vol.  25-479.     Vol.  14-696. 
28-184.     Vol.  31-425.     Vol.  39-71. 

Vol.  12-506.    Vol.  17-428.    Vol.  18-607. 

Vol.  16-475.     Vol.  21-203.     Vol.  23-276. 

31-399-434.  Vol.  32-147-401-419-646.  Vol.  33-608-370-540- 
581-606.  Vol.  34-223-244-518.  Vol.  36-425-484-575.  Vol. 
37-301-313-741.  Vol.  38-310-454-499-567-629.  Vol.  39-28- 
254-496-375  to  435 99-389 

Vol.  11-296.  Vol.  12-81-439.  Vol.  13-46.  Vol.  15-419.  Vol. 
16-271.  Vol.  16-271-474.  Vol.  17-341-521-242.  Vol.  18- 
252-352.  Vol.  19-299.  Vol.  20-255.  Vol.  21-203.  Vol. 
22-370-520.  Vol.  25-322.  Vol.  26-648.  Vol.  28-173-194. 
Vol.  30-334.  Vol.  31-399-424.  Vol.  32-147-401-419-646. 
Vol.  33-608-370-540-581-605-606.  Vol.  34-223-244-518.  Vol. 
35-526.  Vol.  36-425-575.  Vol.  37-301-313-741.  Vol.  38- 
310-454-499-567-529.  Vol.  39-28-254-496.  Vol.  40-28. 
285-344 

Vol.  16-475.     Vol.  19-308. 

Vol.  12-83.     Vol.  15-284.    Vol.  16-527. 

Vol.  11-625.  Vol.  12-3-188-254-308-316-374.  Sec.  4,  Vol.  12- 
54.  Sec.  7,  Vol.  12-269.  Sec.  8,  Vol.  12-117.  Vol.  13-469. 
Sec.  4,  Vol.  13-446.  Vol.  15-168-292-297-298-410.  Vol.  16- 
50-236-248-355-442-459-504.  Sec.  8,  Vol.  16-70.  Vol.  17- 
285-345-418-432-448.  Sec.  2,  Vol.  17-385.  Sec.  3,  Vol.  17- 
450-498-542.  Vol.  18-255.  Sec.  2,  Vol.  18-489-490.  Sec. 
3,  Vol.  18-337-571-575.  Vol.  19-277-459-570.  Sec.  1  and 
7,  Vol.  19-534.  Sec.  2,  Vol.  19-114-217-571-575.  Sec.  2, 


53 

Date  of  Act.     Page.         Vol.  L.  D.     Page  L.  D.  Page  this  book. 

Vol.  19-42-217-449-486-542-571.  Sec.  6,  Vol.  19-281.  Vol. 
20-56-72-284.  Sec.  2,  Vol.  20-242-300-459.  Sec.  3,  Vol.  20- 
242-313.  Vol.  21-57-129.  Sec.  2,  Vol.  21-200-340-349.  Sec. 
3,  Vol.  21-135-193-340-349-392-515.  Vol.  22-14-60-110.  Sec. 

2,  Vol.   22-392-622.     Sec.   3,   Vol.    22-117-127-131-138-204- 
229-255-290-386-442-486-518.     Sec.  7,  Vol.  22-360.     Vol.  23- 
70-317-346-413-423.     Sec.  3,  Vol.   23-26-415.     Sec.  7,  Vol. 
23-565.     Vol.  24-10.     Sec.  3,  Vol.  24-406.     Sec.  4,  Vol.  24- 
434.     Vol.  25-396-522.     Sec.  2,  Vol.  25-420.     Sec.  3,  Vol. 
25-30-522.     Sec.   8,   Vol.   25-117.      Vol.    26-113-29-356-655. 
Sec.  3,  Vol.  26-251-633.     Sec.  4,  Vol.  26-391.     Sec.  6,  Vol. 
26-590.     Vol.  14-187-264-359-526-546-613.     Vol.  27-707.  Sec. 

3,  Vol.  27-337.     Vol.  28-126.     Vol.  29-440.     Sec.   3,  Vol. 
29-436.    Vol.  30-19-319-410-492.    Vol.  31-151.     Sec.  3,  Vol. 
31-226.     Vol.  32-616.     Vol.   33-237.     See.   3,  Vol.   33-371. 
Vol.  34-390.     Vol.  35-178-457-504.     Vol.  36-156-177.     Vol. 
37-415-605.     Vol.  38-242-386-400.     See.  3,  Vol.  38-514-569. 

Sen  30  1890-684   Vol.  11-417.  Vol.  14-208-509.  Vol.  15-339.  Vol.  16-390.  Vol. 

18-52-525.  Vol.  19-305.  Vol.  20-11-85-322-378-409.  Vol. 

21-116.  Vol.  22-211-519.  Vol.  23-304-467.  Vol.  29-313. 
Oct.  1,  1890-644.  Vol.  11-512-550. 
Oct.  1  1890-647   Vol.  11-435.  Vol.  20-72.  Vol.  21-427-514.  Vol.  22-375.  Sec. 

1  2,  Vol.  25-367. 
Oct   1  1890-650.  Vol.  12-58-83-326.  Vol.  15-284.  Vol.  16-527.  Vol.  20-254. 

Vol.  25-48.  Vol.  26-609.  Vol.  28-474.  Vol.  30-585.  Vol. 

32-663.  Vol.  38-389-415.  Vol.  549. 
Oct.  1,  1890-560.  Vol.  13-533. 
Oct.  1,  1890-643.  Vol.  13-277. 
Oct.  1.  1890-663.  Vol.  18-58. 
Oct.  1,  1890-662.  Vol.  19-417-474. 
Oct.  1,  1890-636.  Vol.  25-300. 
Oct.  1,  1890-648.  Vol.  26-237. 
Oct.   1,  1890-658.  Vol.  34-248. 

Jan  12  1891-712.  Vol.  13-270.  Vol.  24-543.  Vol.  25-368. 

Feb'  13'  1891-747.  Vol.  12-288.  Vol.  15-547.   Vol.  16-438.  Vol.  30-288-543. 
Feb  13*  1891-749.  Vol.  12-359.  Sec.  1,  Vol.  15-287.  Sec.  7,  Vol.  17-46.  Vol. 

21-275-499.  Vol.  24-302.  Vol.  24-214-311-424.  Vol.  35- 

348.  Vol.  36-173-335. 

Feb  13  1891-758.  Sec.  7,  Vol.  19-288.  Vol.  25-83-273.  Vol.  35-348. 
Feb  18  1891-764.  Vol.  15-297-298-411.  Sec.  2,  Vol.  16-51.  Vol.  19-572.  Vol. 

25-420. 
Feb  28,  1891-796.  Vol.  12-400.  Vol.  13-708.  Vol.  14-226-233.  Vol.  15-10-154. 

Vol.  16-437.  Vol.  17-71-267-296-557.  Vol.  18-348.  Vol. 

19-207-245-585.  Vol.  20-102.  Vol.  21-220.  Vol.  22-429. 

Vol.  23-315-423.  Vol.  24-12-15-106-423-548-553.  Vol.  25- 

40.   Vol.  26-511-669.   Vol.  27-35.   Vol.  28-57-195-375. 

Vol.  29-183-364-399-697.  Vol.  30-188-235-245-438-609.  Vol. 

31-336.  Vol.  32-347-574.  Vol.  33-182-356-456-483-638.  Vol. 

34-121-366-434-614-659.  Vol.  35-139-172-581-645.  Vol.  36- 

22-77-93.  Vol.  37-431-471-500-612.  Vol.  38-249-351. 
Feb.  28:  1891-794.  Vol.  13-310.  Vol.  18-497.  Sec.  3,  Vol.  19-328.  Vol.  20- 

51.  Vol.  22-709.  Sec.  4,  Vol.  22-36.  Vol.  25-101-364-408. 

Vol.  26-277.  Vol.  28-564.  Vol.  29-500.  Sec.  3,  Vol.  30- 

114-258.  Sec.  4,  Vol.  30-546-606.  Vol.  32-17.  Vol.  33- 

207-298-310.  Sec.  1,  Vol.  35-549.  Vol.  37-211.  Vol.  40- 

140. 

Mar.  3,  1891-1021.  Vol.  12-355. 

Mar.  3,  1891-971.  Vol.  13-643-661.  Vol.  16-475.  Vol.  21-289-530. 
Mar.  3.  1891-948.  Vol.  16-475. 

Mar.  3,  1891-1039.  Sec.  20,  Vol.  17-153.  Vol.  20-53-399.  Vol.  14-302. 
Mar.  3,  1891-1044.  Vol.  18-406-522. 
Mar.  3,  1891-1101.  Vol.  19-299. 
Mar.  3,  1891-1023.  Vol.  20-46.  Vol.  27-416. 
Mar.  3,  1891-1093.  Vol.  12-246.  Vol.  18-74.  Vol.  24-505.  Vol.  25-21-278.  Vol. 

26-399-404.  Vol.  29-322-350-572.  Vol.  30-542.  Vol.  31- 


59 

V 

Date  of  Act.  Pago.  Vol.  L.  D.  Page  L.  D.  Page  this  book. 

413.  Vol.  32-496.  Vol.  33-414.  Vol.  34-79-112-247.  Vol. 
36-73-540. 

Ma:-.  3.  1891-1095.  Sec.  1  to  6,  Vol.  120-405.  Sec.  2,  Vol.  12-376.  Sec.  7,  Vol. 
12-250-279-305-313-322-334-344-440-443-444-496-450-459-497- 
522-540-610-637.  Sec.  8,  Vol.  12-456.  Sec.  11  to  15,  Vol. 
12-583.  Sec.  16,  Vol.  12-513-662-686.  Sec.  17,  Vol.  12- 
440.  Sec.  18  to  21,  Vol.  12-429.  Sec.  24,  Vol.  .12-499.  Sec. 

1,  Vol.  13-169-339.     Sec.  7,  Vol.  13-1-6-33-37-39-55-58-78-94- 
108-111-118-152-181-292-332-386-388-392-419-429-452-458-462- 
484-489-524-527-529-533-537-545-553-574-581-641.        Sec.     8, 
Vol.  13-149.     Sec.  12,  13,  14,  Vol.  13-120.     Sec.  17,  Vol. 
13-46-92.     Sec.   18  to   21,  Vol.   13-110-165-166-282-357-660- 
681-682-707.     Sec.  23,  Vol.  13-299-7.     Sec.  24,  Vol.  13-54. 
Sec.    1,   Vol.   15-391-107-145-176-252-403-436-513-539.     Sec. 

2,  Vol.  15-343.     Sec.  4,  Vol.  15-179-485.     Sec.  5,  Vol.  15- 
158-222.     Sec.  6,  Vol.  15-572.     Sec.  7,  Vol.  15-50-111-114- 
136-162-186-228-278-348-355-362-421-445-450-503-507-548-568- 
598.     Sec.  14,  Vol.  15-586.     Sec.  17,  Vol.  15-519.     Sec.  18 
to  21,  Vol.  15-245-345-470.     Sec.  24,  Vol.  15-284.     Sec.  1, 
Vol.   16-115-293-322-345-370-385-482.     Sec.  2,  Vol.   16-170- 
467.     Sec.  4,  Vol.   16-11-55.     Sec.   5,  Vol.   16-512-530-566. 
Sec.   6,  Vol.   16-215.     Sec.   7,  Vol.   16-28-46-47-78-140-156- 
183-309-336-338-358-  407-  430-  465-  466-  484-  518-536-540-544. 
Sec.  8,  Vol.  16-363.     Sec.  9,  Vol.  16-328.     Sec.  18  to  21, 
Vol.  16-66-148-192-426-501.     Sec.  24,  Vol.  16-190.     Sec.  1, 
Vol.  17-54-147-273-279-358.     Sec.  2,  Vol.  17-339-398.     Sec. 
4,   Vol.   17-149.      Sec.    7,   Vol.   17-20-28-48-115-125-168-170- 
277-305-317-362-377-483-512-523-524.     Sec.  17,  Vol.   17-342. 
Sec.    1,  Vol.   18-171-233-235.     Sec.  2,  Vol.   18-364-532-580. 
Sec.  4,  Vol.  18-346-536.     Sec.  5,  Vol.  18-399.     Sec.  6,  Vol. 
18-150-437.      Sec.    7,   Vol.    18-44-54-93-129-154-399-311-324- 
441-563.     Sec.  8,  Vol.  18-430.     Sec.  11,  Vol.  18-288.     Sec. 
17,  Vol.  18-4-352.     Sec.  18  to  21,  Vol.  18-168-264-268-573. 
Sec.  24,  Vol.  18-524.     Sec.  1,  Vol.  19-38-61-575.     Sec.  2, 
Vol.   19-83-121-231-495.     Sec.  5,  Vol.   19-96-164-285.     Sec. 
6,   Vol.    19-114.      Sec.    7,   Vol.    19-247-278-435-441-496-573- 
484.     Sec.   18  to  21,  Vol.  19-256-304.     Sec.   24,  Vol.   19- 
245-585.    Sec.  1,  Vol.  20-236.    Sec.  2,  Vol.  20-61-67-81-111- 
113-219-406.    See.  3,  Vol.  20-509.    Sec.  4,  Vol.  20-181.   Sec. 
6,   Vol.    20-361.     Sec.    7,   Vol.    20-259-311-346-403-411-488- 
553.     Sec.  9,  Vol.  20-120-255.     Sec.  12,  Vol.  20-434.     Sec. 
17,  Vol.  20-259-307.     Sec,  18  and  19,  Vol.  20-154-165-253- 
443-464.     Sec.   24,  Vol.   20-32-103.     Sec.    1,  Vol.   21-3-29- 
287-298.     Sec.    2,   Vol.    21-233-245.     Sec.   5,   Vol.   21-295- 
505.     Sec.  6,  Vol.  21-106-200-203-484.     Sec.  7,  Vol.  21-12- 
38-302-303-345.    Sec.  17,  Vol.  21-203.    Sec.  18  and  19,  Vol. 
21-63-330-355.     Sec.    22,  Vol.   21-235.     Sec.    2,   Vol.   22-1. 
Sec.  5,  Vol.  22-547.     Sec.  6,  Vol.  22-196-488-555.     Sec.  7, 
Vol.  22-81-131-174-500-651-690.     Sec.  9,  Vol.  22-15.     Sec. 
12  and  13,  Vol.   22-698.     Sec.   17,  Vol.   22-371-522.     Sec. 
18  and  20,  Vol.  22-709.    Sec.  1,  Vol.  23-9-264.    Sec.  2,  Vol. 
23-293-450-574.     Sec.  4,  Vol.  23-192-462.     Sec.  5,  Vol.  23- 
462-547.     Sec.  6,  Vol.  23-305.     Sec.  7,  Vol.  23-144-162-175- 
331-456-481.     Sec.  11  and  16,  Vol.  23-417.     Sec.  12  to  14, 
Vol.    23-7-245-280-283-335-337-442.      Sec.    17,    Vol.    23-484. 
See.  18  to  21,  Vol.  23-275-458-519.    Sec.  1,  Vol.  24-387-434- 
448.     Sec.  2,  Vol.  24-100-308-435-466.     Sec.  5,  Vol.  24-80- 
157-242-343.     Sec.  6,  Vol.  24-352.     Sec.  7,  Vol.  24-53-58- 
139-493.     Sec.   12,   13  and   14,  Vol.  24-312-314-345.     Sec. 
18  and  21,  Vol.  24-55-560.     See.  24,  Vol.  24-588-589.     Sec. 
1,  Vol.   25-3-503.     Sec.   2,  Vol.   25-231-376.     Sec.   6,  Vol. 
25-272.     Sec.  7,  Vol.  25-114-157.     Sec.  8,  Vol.  25-21.    Sec. 
10,  Vol.  25-266.     Sec.  11  and  13,  Vol.  25-215-482 389 

Mar  3  1891-1095.  Sees.  11  and  15,  Vol.  25-291-323.  Sec.  17,  Vol.  25-222.  Sees. 
18  to  21,  Vol.  25-344.  91.  Sec.  1,  Vol.  26-477-670.  Sec.  2, 
Vol  26-299.  Sec.  4,  Vol.  26-435-507.  Sec.  5,  Vol.  25-62- 
709.  Sec.  6,  Vol.  26-222-544.  See.  7,  Vol.  26-224.  Sec, 


60 

Date  of  Act.     Page.         Vol.  L.  D.     Page  L.  D.  Page  this  book. 

8,  Vol.  26-492.  Sec.  9,  Vol.  26-700.  Sees.  12,  13,  14,  VoL 
LM>  12:52-305-512-517-51-533-558-568.  Sec.  17,  Vol.  26-648 
Sees.  18  to  21,  Vol.  26-154-381-520.  Sec.  1,  Vol.  14-417- 
434-614-632-704.  Sec.  2,  Vol.  14-74-565-596-677.  Sec.  7, 
Vol.  14-1-85-120-349-431-457-522-575-648-649-651.  Sec.  8, 
Vol.  14-126.  Sec.  17,  Vol.  14-125-514.  Sec.  18,  Vol.  14- 
28-30-265-336-338.  Sec.  22,  Vol.  14-628.  Sec.  24,  Vol. 
14-209.  Sec.  1,  Vol.  27-236-311.  Sec.  2,  Vol.  27-721.  Sec. 
4,  Vol.  27-447.  Sec.  5,  Vol.  27-441-546-658-711.  Sec.  6, 
Vol.  27-73-395.  Sec.  7,  Vol.  27-522.  Sec.  10,  Vol.  27-45. 
Sees.  12  and  13,  Vol.  27-335-355-451-627.  Sees.  18  to  21, 
Vol.  27-126-317-421-511-585.  Sec.  2,  Vol.  28-344-499-514. 
Sec.  5,  Vol.  28-61-251.  Sec.  6,  Vol.  28-405.  Sec.  7,  Vol. 
28-90.  Sec.  8,  Vol.  28-289.  Sec.  11,  Vol.  28-427.  Sees. 
12  to  14,  Vol.  28-55-433-437-535.  Sec.  17,  Vol.  28-174- 
194.  Sees.  18  to  21,  Vol.  28-402-474.  Sec.  24,  Vol.  28- 
61-281-313-363-472-474-574.  Sec.  5,  Vol.  29-219-648.  Sec. 

I,  Vol.  29-214-643.     Sec.  7,  Vol.  29-423-525-539.     Sec.  11, 
Vol.  29-357-685.     Sees.  12  and   13,  Vol.  29-416.     Sec.  16, 
Vol.   29-31.     Sees.   18  to   21,  Vol.   29-112.     Sec.   24,  Vol. 
29-344-384-577-593.     Sec.   2,  Vol.  30-73.     Sec.  4,  Vol.   30- 
254-561.     Sec.  5,  Vol.  30-376.     Sec.  7,  Vol.  30-548.     Sees. 
2   to   14,   Vol.   30-397-418.      Sees.    18    to    21,   Vol.    30-325. 
Sec.    24,    Vol.    30-23-46-94-378-519-551-609.      Sec.    2,    Vol. 
31-12-279.     Sec.   5,  Vol.   31-87-146.     Sec.   7,   Vol.   31-368. 
See.   2,  Vol.   31-44.     Sec.   9,  Vol.   31-201.     Sec.    11,  Vol. 
31-38.     Sees.   18  to  21,  Vol.  31-14-232.     Sec.   19,  Vol.  31- 
365.     Sec.   24,  Vol.   31-372.     Sec.   2,  Vol.   32-419-657-609. 
Sec.  3,  Vol.  32-484.     Sec.  5,  Vol.  32-141-208-227-339.     Sec. 
7,  Vol.  32-380.     Sec.  8,  Vol.  32-495.     Sec.  12,  Vol.  32-439. 
Sec.    13,    Vol.    32-439.      Sec.    14,    Vol.    32-160.      Sec.    16, 
Vol.  32-212.     Sec.  18,  Vol.  32-256.     Sees.  18,  19,  20  and  21, 
Vol.    32-34-178-452-461-463-597.      Sec.    24,    Vol.    32-82-110- 
158-321-469.     Sec.  2,  Vol.  33-251-289-383-493.     Sec.  7,  Vol. 
33-11-113-281-286-308-499.      Sec.    1,   Vol.    33-163-179.     Sec. 
14,  Vol.  33-164.     Sec.  15,  Vol.  33-543.     Sec.  17,  Vol.  33- 
370-540-606.     Sees.  18  to  21,  Vol.  33-451-469-564-646.     Sec. 
24,  Vol.  33-36-389.     See.  2,  Vol.  34-386-466-497-677.     Sec. 
5, 'Vol.   34-66-280.     Sec.   6,  Vol.  34-297.     Sec.   7,  Vol.  34- 
173.     Sec.  7,  Vol.  34-78-112-247.     Sec.  11,  Vol.  34-102-287. 
Sec.  6,  Vol.  34-102-217-598.     Sec.  18,  Vol.  34-244.     Sees. 
18,  19,  20,  21,  Vol.  34-212.     Sec.  24,  Vol.  34-20.     Sec.  2, 
Vol.  35-15-306-586-639.     Sec.  7,  Vol.  35-48-68-578.     Sec.  9, 
Vol.  35-401-417.     Sec.  16,  Vol.  35-19.     Sec,  17,  Vol.  35-lo5- 
526.      Sees.   18   to  21,  Vol.  35-297-550.     Sec.   24,  Vol.   35- 
159-262-433.     Sec.  2,  Vol.  36-107-188.     Sec.  5,  Vol.  36-98. 
Sec.    7,  Vol.   36-19-121-269-438-446-448.     Sec.   17,  Vol.   36- 
425.     Sees.   18  to  21,  Vol.  36-490-567-580.     Sec.  24,  Vol. 
36-344.     Sec.  2,  Vol.  37-150-312-341.     Sec.  3,  Vol.  37-142. 
Sec.  4,  Vol.  37-566.     Sec.  5,  Vol.  37-112-231.     Sec.  7,  Vol. 
37-91-181-329-379-565-591-619.      Sec.    8,   Vol.   37-390.      Sec. 

II,  Vol.  37-364-335.     Sec.   16,  Vol.  37-742.     Sec.   17,  Vol. 
37-302-742.      Sees.    18    to    21,   Vol.    37-6-78-153-231.      Sec. 
24,  Vol.  37-278.     Sec.  2,  Vol.  38-216-421-439-509.     Sec.  5, 
Vol.   38-156.      Sec.    7,   Vol.    38-35-610.      Sec.    16,   Vol.    38- 
97-113-115.      Sec.    17,   Vol.    38-208-568.      Sees.    18    to    21, 
Vol.  38-303-493-548-597.     See.  34,  Vol.  38-225.     Sec.  2,  Vol. 
39-129-287.     Sec.   7,   Vol.   39-94-326-332-437-562.      Sec.    12, 
Vol.   39-598.     Sees.    18   to  21,  Vol.   39-104-334.     Sec.   20, 
Vol.  39-480-481.     Sec.  24,  Vol.  39-93-415-484.     Vol.  40-94- 
99-125-130-300-381-485-561.     Vol.  40-595.     Sees.  4,  5,  6,   7 
and  8,  269.    Sec.  16,  375.    Sec.  17,  269.    Sec.  7,  596. 

Mar.  3.  1891-989.  Vol.  13-189-640.  See.  9,  Vol.  13-316.  Sec.  16,  Vol.  13-311. 
Sec.  16,  Vol.  15-87-297-357.  Sec.  17,  Vol.  16-74.  Sec.  37, 
Vol.  16-82.  Vol.  18-406-522.  Sec.  16,  Vol.  20-8.  Vol. 
21-268-277-409.  Vol.  24-60-92.  Vol.  25-364.  Sec.  16,  Vol. 
26-61.  Vol.  27-416.  Vol.  28-401.  Sec.  17,  Vol.  29-528- 


61 

Date  of  Act.     Page.         Vol.  L.  D.     Page  L.  D.  Page  this  book. 

585.     Vol.  30-114.     Sec.  16,  Vol.  31-49.     Sec.  36,  Vol.  31- 

269.      Vol.    32-659.      Sec.    13,    Vol.    33-447.      Sec.    8,    Vol. 

35-348.     Sec.    13,  Vol.  35-135-344.     Sec.   18,  Vol.   35-114. 

Sec.  22,  Vol.  35-159-452.     Sec.  16,  Vol.  36-172-335. 
Mar.    3,  1891-1016.  Sec.  16,  Vol.  15-87-297-357.     Sec.  16,  Vol.  24-242.     Vol.  36- 

335. 

Mar.    3,  1891-1043.  Sec.  36,  Vol.  15-370.    Sec.  36,  Vol.  21-141. 
Mar.     3,  1854-854.     Vol.      14-98.      Vol.    16-408.      Vol.    15-20-147.      Vol.    21-157. 

Sees.    16   and   17,   Vol.   22-523-524.      Sec.   14,   Vol.   23-193. 

Vol.  24-1.     Sec.  12,  Vol.  25-391.     Sees.   17  and  18,  Vol. 

27-279.     Sees.  8  and   14,  Vol.  28-544.     Sec.   16.  Vol.   22- 

192.     Vol.  29-53.     Vol.  30-102-221-507.     Sec.  8,  Vol.  31-333. 

Sec.  14,  Vol.  31-333.     Sec.  16,  Vol.  31-323-332.     Sec.  17, 

Vol.    31-323-332.      Sec.    18,    Vol.    31-382.      Sec.    17,    Vol. 

33-83.    Sec.  16,  Vol.  33-156.     See.  17,  Vol.  33-61-156.    Sec. 

6,  Vol.  34-509.     Sec.  8,  Vol.  34-507.     Sec.  10,  Vol.  34-136. 

Sec.   6,   Vol.   35-94.     Sec.   12,   Vol.   35-94.     Sec.   16,   Vol. 

35-258-602.      Sec.    7,    Vol.    35-94.      Sec.    18,    Vol.    35-258. 

Vol.  36-471.     Vol.  37-481.     Sees.  16,  17,  18,  Vol.  37-536. 

Sees.  16,  17,  18,  Vol.  39-136.    Vol.  40-75. 
Mar.    3,  1891-1026.  Sec.  17,  Vol.  16-74.     Sec.  37,  Vol.  16-82.     Vol.  17-52.     Sec. 

16,  Vol.    17-262.      Sec.    17,    Vol.    18-122.      Sec.    16,    Vol. 
19-296.     Sec.  16,  Vol.  20-473.     Sec.  17,  Vol.  28-408.     Sec. 

17,  Vol.  29-528-585. 

Mar.    3,  1891-1029.  Sees.  20  and  22,  Vol.  20-333. 

Mar.    3,  1891-1035.  Vol.  25-364. 

Mar.    3,  1891-851.     Vol.  26-506. 

Mar.     3,  1891-1022.  Vol.  28-401.    Vol.  30-114. 

Mar.    3,  1891-413.     Sec.  8,  Vol.  31-413. 

Mar.     3,  1891-861.     Sec.  17,  Vol.  32-83. 

Mar.     3,  1891-1057.  Vol.  32-659. 

Mar.    3,  1891-1032.  Vol.  35-452. 

Mar.    3,  1891-826.     See.  11,  Vol.  38-602. 

Mar.    3,  1891-862.     See.  17,  Vol.  27-604. 

Sept.  26,  1890-485.     Vol.  17-227. 

July     3,  1890-482.     Sec.  4,  Vol.  20-170. 

Sept.  26,  1890-482.     Vol.  20-354. 

Aug.  20,  1890-370.     Vol.  21-289. 

Sept.  29,  1890-406.     Sec.  8,  Vol.  23-288. 

Sept.  30,  1890-502.     Vol.  14-560.      Vol.    32-172-513.      Vol.    36-264.      Vol.    38-106- 

124.     Vol.  39-384. 

May  20,  1890-753.     Vol.  30-533. 

Feb.  28,  1891-795.     Sec.  3,  Vol.  30-114-258. 

Feb.  24,  1891-783.     Vol.  32-306. 

May    2,  1890-  91.     Sec.  22,  Vol.  38-97-115-119-124. 

STATUTE  NO.  27. 


Feb. 

3, 

1892-     2. 

Vol. 

17-227. 

Apr. 

12, 

1892-1018. 

Vol. 

18-522. 

Vol.  33-447. 

June 

17, 

1892-  52. 

Vol. 

18-156. 

Vol. 

22-668. 

Vol 

.    24-26. 

Vol. 

25-43. 

Vol. 

33-205. 

June 

25, 

1892-  50. 

Vol. 

15-298. 

June 

25, 

1892-  59. 

Vol. 

17-501. 

Vol. 

18-572. 

Vol. 

23-444. 

Vol. 

23-416. 

July 

1, 

1892-  62. 

Vol. 

26-497. 

Vol.  29-661. 

Vol. 

30-89. 

July 

13, 

1892-139. 

Vol. 

20-508. 

July 

26, 

1892-370. 

Vol. 

15-426. 

Vol. 

17-403. 

Vol. 

18-446. 

Vol. 

22-301. 

Vol. 

25-281.     Vol.  31-138-409. 

Vol 

.  33-466. 

Vol 

.  35-57. 

Vol. 

36-170-373. 

Vol. 

37-162. 

Vol. 

38-525. 

Vol. 

39-541. 

Aug. 

1, 

1892-340. 

Vol. 

37-32. 

Aug. 

3, 

1892-347, 

Vol. 

33-58. 

Aug. 

4, 

1892-348. 

Vol. 

15-256-374-360 

Vol. 

16-122-264-326-335-539.     Vol. 

17- 

120.     Vol. 

20-7-129-559. 

Vol. 

21-460. 

Vol. 

22-97-234 

346- 

424.  Vol.  23-322-329-413-516.  Vol.  24-167-403.  Vol.  25- 
244-437.  Vol.  26-373-529.  Vol.  29-196-478.  Vol.  30-407. 
Vol.  31-201-464-401-408.  Vol.  32-33-472.-  Vol.  33-271-504- 
534-567.  Vol.  34-105-117-381.  Vol.  35-422-664.  Vol.  37- 
161-299-395-743.  Vol.  38-133.  Vol.  39-359..  ..574 


62 

Date  of  Act.     Page.         Vol.  L.  D.     Page  L.  D.  Page  this  book. 

Aug.    4,  1892-438.     Vol.  19-389. 

Aug.    5,  1892-390.     Vol.  15-344-556-538.      Vol.    18-258-459.      Vol.    19-531.      Vol. 

23-586.     Vol.  25-546.     Vol.  29-254.    Vol.  32-8.    Vol.  33-513. 

Vol.  34-211.     Vol.  36-167.     Vol.  37-504-57(5. 
Aug.    5,  1892-369.     Vol.  16-498-528.     Vol.  17-538. 
Aug.    5,  1892-370.     Vol.  18-265. 

Dec.  20,  1892-1049.  Vol.  31-405.     Vol.  32-77.     Vol.  37-164. 
Jan.     3,  1893-427.     Vol.  23-416.    Vol.  26-251-634. 
Feb.  15,  1893-456.     Vol.  23-282. 
Feb.  20,  1893-469.     Vol.  17-492. 
Feb.  20,  1893-1063.  Vol.  33-624. 

Feb.  13,  1893-444.     Vol.  26-399.     Vol.  29-572.     Vol.  30-543.     Vol.  36-73. 
Feb.  14.  1893-1059.  Vol.  31-80. 
Feb.  21,  1893-470.     Vol.  21-157.    Vol.  27-279-605.    Vol.  28-192.     Vol.  31-323-325. 

Vol.  32-83.     Vol.  33-61-156.     Vol.  35-259-502.     Vol.  37-536. 

Vol.  39-136. 

Feb.  21,  1893-740.     Vol.  22-523-524. 
Feb.  25,  1893-1068.  Vol.  30-378. 
Feb.  27,  1893-492.     Vol.  38-415. 
Feb.  27,  1893-487.     Vol.  21-1. 
Mar.    3,  1893-592.     Vol.  16-529-458-462-496.    Vol.  17-493-536.     Vol.  18-265.     Vol. 

37-2 
Mar     3,  1893-593.     Vol.  16-293-345-385-294-319.    Vol.  17-60-168-512.    Vol.  18-77- 

131.     Vol.  19-466.     Vol.  20-273-516.     Vol.  21-287.     Vol.  23- 

495.     Vol.  24-292-448.     Vol.  26-237-670.     Vol.  29-215.     Vol. 

30-369.     Vol.   34-140-301.     Vol.   38-165-519.     Vol.   39-345- 

392-474-553. 

Mar.    3,  1893-460.     Vol.  16-431. 
Mar.    3,  1893-612.     Vol.  17-225.     Vol.  24-286-421.     Vol.  25-57-504.     Vol.  29-502- 

528-534.     Sec.  10,  Vol.  29-335.     Vol.  29-630.     V«l.  30-368. 

Sec.  10,  Vol.  31-49-163.     Vol.  35-167-114. 
Mar.    3,  1893-612.     Vol.  36-173.     Vol.  38-562. 
Mar.    3,  1893-642.     Sec.  10,   Vol.    18-122.     Vol.   27-588.     Sec.    10,   Vol.    29-108- 

246-372.     Vol.  35-114. 
Mar.    3,  1893-596.     Vol.  19-324. 
Mar.    3,  1893-643.     Sec.  10,  Vol.  19-337. 
Mar.    3,  1893-633.     Vol.  20-157. 
Mar.    3,  1893-640.     Sec.  10,  Vol.  20-1.     Vol.  21-499-552.     Vol.  22-813.     See.  10, 

Vol.  22-196.     Vol.  23-386-532.     Vol.  35-167. 
Mar.    3,  1893-568.     Vol.  21-55     Vol.  23-144.     Vol.  28-424. 
Mar.    3,  1893-572.     Vol.  23-147.     Vol.    31-386.     Vol.    32-107.      Vol.     34-140  301. 

Vol.  36-77-90.     Vol.  37-2.     Vol.  38-166-519. 
Mar.    3,  1893-631.     Vol.  25-421. 
Mar.    3,  1893-744.     Vol.  25-19. 

Mar.    3,  1893-555.     Vol.  25-141.    Vol.  28-569.    Vol.  30-286.     Vol.  35-210. 
Mar.    3,  1893-562.     Vol.  35-349. 
Mar.    3,  1893-630.     Vol.  38-562. 
Mar.    8,  1893-557.     Vol.  26-54.     Sec.   3,  Vol.   303.     Sec.   3,   Vol.   32-573.     Vol. 

35-349.     Vol.  36-173. 

STATUTE  NO.  28. 

Aug.  19,  1893-1222.  Vol.  35-348.     Vol.  36-335. 

Sep.      1,  1893-  11.     Vol.  18-122.     Vol.  20-203.     Vol.   26-398.     Vol.   29-502-529. 
Sep.   28,  1893-1240.  Vol.  32-155. 
Oct.   20,  1893-     3.     Vol.  18-5.     Vol.  19-296.     Vol.  26-543.     Vol.  31-50.     Vol.  36- 

503 
Nov.  1,  1893-  4.  Vol.  27-395. 

Nov.  3,  1893-  6.  Vol.  29-65.  Vol.  37-743 390 

Dec.  12,  1893-  15.  Vol.  23-416.  Vol.  26-633. 

Feb.  1,  1894-137.  Vol.  28-165. 

Feb.  10,  1894-  37.  Vol.  20-470.  Vol.  24-91.  Vol.  26-190-604. 

May  4,  1894-  71.  Vol.  22-196.  Vol.  29-534.  Vol.  31-259.  Vol.  35-349. 

June  6,  1894-987.  Vol.  24-390. 

June  6,  1894-  86.  Vol.  32-306. 

June  20,  1894-  94.  Vol.  20-510.   Vol.  25-106.  Vol.  30-149. 

July  16,  1894-107.  Sec.  6,  Vol.  26-87.  Sec.  6  and  10,  Vol.  29-419-623.  Sec.  7, 

Vol.  29-69.  Sec.  12  and  13,  Vol.  30-301-315.  Sec.  6,  Vol. 


63 


Date  of  Act.     Page. 


July  16,  1894-109. 

July  18,  1894-114. 

July  21,  1894-206. 

July  26,  1894-122. 

July  26,  1894-123. 


July  31,  1894-208. 
Aug.  4,  1894-226. 

Aug.    4,  1894-227. 

Aug.     9,  1894-275. 

Aug.  11,  1894-276. 

Aug.  13,  1894-279. 

Aug.  15,  1894-295. 
Aug.  15,  1894-305. 
Aug.  15,  1894-314. 
Aug.  15,  1894-336. 
Aug.  15,  1894-326 
Aug.  15,  1894-286. 


page  this  book. 

Sec.  6  and  10,  Vol 


Aug.  15, 
Aug.  15, 
Aug.  15, 
Aug.  18, 


Aug.  18, 
Aug.  18, 
Aug.  18, 


1894-319. 
1894-326. 
1894-332. 
1894-397. 


1894-394. 
1894-397. 
1894-372. 


Aug.  18,  1894-373. 
Aug.  18,  1894-422. 


Aug.  20,  1894-423. 
Aug.  23,  1894-491. 


Aug.  24,  1894-502. 
Dec.  13,  1894-594. 

Dec.  29,  1894-599. 
Jan.   19,  1895-634. 


Vol.  L.  D.     Page  L.  D. 

32-117.     Sec.  6,  Vol.  33-37-223-611. 

34-486.     Sec.  12,  Vol.  37-662. 
Vol.  23-559.     Vol.  27-54.     Sec.  8,  Vol.  27-95. 
Vol.  26-543.    Vol.  37-743  ...........................       391 

Sec.  5,  Vol.  35-633. 

Vol.  20-290.     Vol.  23-569.     Vol.  23-166. 

Vol.  19-305.      Vol.    20-11.      Vol.    21-118.      Vol.    22-211-518 

Vol.    23-248-293-304-467.      Vol.    24-398-435.      Vol.    25-150- 

306-325-376.     Vol.  30-50. 
Sec.  8,  Vol.  21-526.     Sec.  8,  Vol.  22-583. 

609. 
Vol.  19-298.      Vol.    20-293.      Vol.    24-437. 

Vol.  25-306-325.     Vol.  26-298-499. 
Vol.  20-482. 
Vol.  28-264. 
Vol.  28-185. 
Vol.  27-315.     Vol.  30-328.     Vol.  32-484. 

34-216.     Vol.  36-569.     Vol.  39-184. 
Vol.  30-461. 
Vol.  30-115. 

Sec.  12,  Vol.  20-435.     Sec.   15,  Vol.  20-476. 
Sec.  19,  Vol.  20-1. 

Sec.  16,  Vol.  21-382.     Vol.  30-537.     Vol.  38-461-179-191. 
Vol.  24-511.     Vol.  25-97-365-410.     Sec.  12,  Vol.  25-134.    Vol. 
Vol.  30-115-461.     Sec.   12,  Vol.  31-250.     Vol. 


Sec.  8,  Vol.  26- 
Vol.    25-150-377. 


Vol.  33-453.     Vol. 


Vol.    34-415.      Vol.    37-281.      Vol.    38-46-179- 


Vol.    21-231-404.      Vol.    23-123-502.      Vol. 
Vol.  29-659.     Vol.  30-62-604.     Vol.  38-72- 


29-252-457. 

32-374-376. 

191. 

Vol.  26-22. 
Vol.  37-281. 
Vol.  40-413. 
Vol.  19-160-268. 

24-35-291-502. 

517-553 
Vol.    19-301.     Vol.   24-122.     Vol.   30-1-80-278.     Vol.   33-383- 

357.     Vol.   34-139-434-661.     Vol.   35-53-640.     Vol.   37-2-69- 

71-135.      Vol.    38-219-224-252.      Vol.    39-344-482-584-600. 
Vol.   20-3-272-419-516.     Vol.   22-699.     Vol.   26-192-555.      Vol. 

27-527-565.      Vol.    28-205-211.      Vol.    33-113-243-286.      Vol. 

34-687.     Vol.  40-53. 
Sec.  4,  Vol.  20-440.     Vol.  21-90.     Vol.  24-526.     Sec.  4,  Vol. 

24-66.      Vol.    26-74-480.      Vol.    29-590.      Vol.    30-1-80-278. 

Sec.  1,  Vol.  31-217.    Sec.  4,  Vol.  31-149-328.     Vol.  32-241- 

107.     Vol.  33-283-359.     Vol.  33-133-243-286.    .Sec.  4,  Vol. 

33-105-374.      Vol.    34-139-434-661-687-453-589.      Vol.    35-53- 

640.     Sec.  4,  Vol.  35-46-477.     Vol.   36-435.     Vol.   37-2-69- 

71-135-624.      Sec,    4,    Vol.    38-219-224-252-721-517-508-580. 

Vol.  39-344-482-584-600.     Vol.  40-53 252 

Sec.  4,  Vol.  25-33. 

Sec.  4,  Vol.   33-105-374.     Vol.  34-453-589.     Sec.  4,  Vol.  35- 

46-477.     Vol.  37-624.    Sec.  4,  Vol.  38-508-580. 

Sec.  2,  Vol.  243. 
Sec.  4,  Vol.  391. 
Vol.  20-254.     Vol.   21-77.     Vol.  26-311.     Vol.   29-347.     Vol. 

31-77.     Vol.  36-563-594. 
Vol.  19-392-477.      Vol.    20-118-303-304-558.      Vol.   22-456-597. 

Vol.    23-14-237-567.     Vol.   24-269-335.     Vol.    25-260.      Vol. 

26-87-237.      Vol.    27-144.      Vol.    28-475.      Vol.    29-261-418. 

Vol.    30-90-213-302-311-468.      Vol.    31-115-193.      Vol.    32- 

226.     Vol.  33-488.     Vol.  35-109-295.     Vol.  36-77-506.     Vol. 

37-545-667.     Vol.  38-47-197.     Vol.  39-125-369. 
Vol.  27-415. 
Vol.    20-95.      Vol.    30-617.      Vol.    31-224.      Vol.    35-402-611. 

Vol.  36-502.     Vol.  37-300-533-618.     Vol.  39-450 574 

Vol.    20-308-432.      Vol.    21-205.      Vol.    22-197.      Vol.    23-404. 

Vol.  26-23-549.     Vol.  29-307-710.     Vol.  35-76 26  to  31 

Vol.  20-98.     Vol.  27-691. 


64 


Date  of  Act.     Page. 
Jan.  21,  1895-635. 

Jan.  26,  1895-641. 

Feb.  15,  1895-664. 
Feb.  20,  1895-677. 
Feb.  26,  1895-683. 


Feb.  26,  1895-687. 


Mar. 
Mar. 
Mar. 
Mar. 
Mar. 
Mar. 

Mar. 
Mar. 
Mar. 
Mar. 


2,  1895-744. 

2,  1895-747. 

2,  1895-814. 

2,  1895-899. 

2,  1895-901. 

2,  1895-876. 

2,  1895-894. 

2,  1895-897. 

2,  1895-900. 

3,  1895-764. 


May  16,  1895-866. 

Oct.  8,  1895-873. 

Jan.  4,  1896-876. 

Jan.  23,  1896-4-4. 

Feb.  12,  1896-  6. 

Feb.  24,  1896-  13. 

Feb.  26,  1896-  17. 

Feb.  26,  1896-  16. 
Mar.  2,  1896-  42. 


Mar.  4, 
Mar.  30, 
Apr.  7, 
Apr.  14, 
Apr.  18, 
Apr.  25, 
May  4, 
May  11, 
May  14, 


1896-  43. 
1896-  80. 
1896-  90. 
1896-  91. 
1896-  95. 
1896-109. 
1896-113. 
1896-116. 
1896-120. 


May  21,  1896-127. 

May  25,  1896-137. 
May  26,  1896-184. 
May  28,  1896-189. 
June  3,  1896-197. 


June  3, 
June  10, 
June  10, 
June  10, 
June  10, 
June  10, 
June  10, 
June  10, 


1896-245. 
1896-321. 
1896-343. 
1896-353. 
1896-358. 
1896-342. 
1896-357. 
1896-360. 


Vol.  L.  D.     Page  L.  D.  Page  this  book. 

Vol.  20-164-509.      Vol.    23-519.      Vol.    25-345.      Vol.    27-495. 

Vol.  31-13-17.     Vol.   36-580-583 108 

Vol.  24-296.     Vol.  25-443.     Vol.   29-253.     Vol.   30-259.     Vol. 

38-557. 

Vol.  20-568.     Vol.  23-237.     Vol.  27-144.     Vol.  29-423-501. 
Vol.  26-78.     Sec.  4,  Vol.  28-271.     Vol.  32-119.     Vol.  39-463. 
Vol.  20-350-522-561-571.      Vol.     21-65-68-108.       Vol.     25-246- 

349-446.     Vol.  26-197-423-684.     Sec.   5,   Vol.   28-295.     Vol. 

29-102-248-503-675.      Vol.    30-442-476.      Vol.    31-395.      Vol. 

32-24-611.     Vol.   33-74-602-622.     Vol.  34-211-284-662.    Vol. 

35-471.     Vol.  36-40.     Vol.  37-69-71-135.     Vol.  38-492.    A7ol. 

39-113-116. 
ATol.  20-305.      Vol.    25-146-159.      Vol.    26-607-676-699.      Vol. 

27-45-499-617-715.      Vol.    29-153-320-347-378-486.      Vol.    30- 

537.     Vol.   31-201-247.     Vol.    33-447.     Vol.   35-412.     Vol. 

37-108-454. 
Vol.  20-309. 
Vol.  20-472. 
Vol.  20-510. 
Vol.  20-470. 
Vol.  20-432. 
Vol.  25-355. 

34-55-164. 


Vol.  25-106.     Vol.  30-149. 

Vol.  24-91.    Vol.  33-611.     Vol.  37-744.  .      ..391 


Vol.  31-1.     Vol.  32-95-576.     Vol.  33-611.     Vol. 

Vol.  35-349.     Vol.  36-173.     Vol.  37-744 391 

Vol.  34-55-164.     Vol.  37-744 391 

Vol.  35-349. 
Vol.  21-386. 
Vol.  40-318. 

STATUTE  NO.  29. 

Vol.  37-281.     Vol.  38-191. 

Vol.  40-413. 

Vol.  30-315.     Vol.  32-117.     Vol.  33-37-223. 

Vol.  22-204-290-386-444.      Vol.    23-26.       Vol.    24-406.      Vol. 

26-251-633.     Vol.  27-337.     Vol.  29-437. 
Vol.  26-409-492.     Vol.  29-35. 
Vol.  38-415. 

Vol.  24-517.     VoL   28-376. 
Vol.  22-524. 
Vol.  23-445-569.     Vol.  25-390-409.     Vol.  26-489-494-705.  Sec. 

1,    Vol.    27-522.      Vol.    28-270-289.      Vol.    29-9-39-237-435. 

Vol.   30-184-198.     Vol.   31-426.     Vol.   33-21. 
Vol.  22-350-526.     Vol.  24-443. 
Vol.  31-124. 

Vol.  23-582.     Vol.  32-604.     Vol.  34-186. 
Vol.  27-274.    Vol.  29-244-595. 
Vol.  34-296-654. 

Vol.  26-280.     Vol.  28-132.     Vol.  29-338.     Vol.  31-124. 
Vol.  28-540. 

Vol.  30-353.     Vol.  34-357.     Vol.-  38-98-119-210  to  247. 
Vol.  23-519.      Vol.    34-560.      Vol.    26-520.      Vol.    27-315-495. 

Vol.   28-475.     Vol.   30-383.     Vol.   31-13-361.     Vol.   32-114- 

178.    Vol.  34-239.     Vol.  36-580. 
Vol.  23-521.     A7ol.  30-335.     Vol.  34-223.     Vol.  36-576.     Vol. 

38-597   100 

Vol.  36-275. 
Vol.  24-564. 
Vol.  30-141. 
Vol.  22-771.  Vol.  24-351.  Vol.  26-544-561.  Sec.  2,  Vol. 

28-151-156.     Sec.  2,  Vol.  31-160.    Vol.  35-523-595. 
Vol.  25-256-258.     Vol.  32-3.     Vol.  37-162-596. 
Vol.  25-365.    Vol.  29-158.     Vol.  32-456. 
Vol.  27-574. 

Vol.  35-432.     Vol.   37-745 393 

Vol.  35-432. 
Vol.  30-50. 

Vol.    37-745     393 

Vol.    37-745 393 


65 


Date  of  Act.     Page. 
June  11,  1896-413. 

June  11,  1896-434. 
Jan.   13,  1897-484. 

Jan.   18,  1897-490. 


Jan.  30,  1897-507. 
Feb.  11,  1897-526. 

Feb.  17,  1897-534. 
Feb.  18,1897-535. 
Feb.  24,  1897-594. 
Feb.  24,  1897-595. 
Feb.  26,  1897-599. 
Mar.  2,  1897-518. 
Mar.  2,  1897-603. 
Mar.  2,  1897-618. 
Mar.  3,  1897-622. 
Feb.  22,  1897-901. 
Feb.  22,  1897-902. 
Feb.  22,  1897-903. 
Feb.  22,  1897-904. 

June    4,  1897-  36. 


June    4,  1897-  34. 
June    4,  1897-  11. 


June  7,  1897-  62. 


Juno  7, 
June  4, 
June  7, 
June  7, 
June  2:5, 
Jan.  18, 
Jan.  27, 
Mar.  2, 
Apr.  11, 
Apr.  25, 
Apr.  29, 
May  11, 


1897-  87. 
1897-  35. 
1897-  90. 
1897-  67. 
1897-105. 
1898-227. 
1898-234. 
1898-767. 
1898-354. 
1898-364. 
1898-367. 
1898-404. 


Vol.  L.  D.     Page  L.  D.  Page  this  book. 

Vol.  31-229.     Vol.  33-374.     Vol.  35-477.     Vol.  36-512.     Vol 

37-635.     Vol.  38-512 253 

Vol.  24-123.    Vol.  26-74-480.    Vol.  33-374.     Vol.  35-477.    Vol. 

37-625.     Vol.  38-512 353 

Vol.  28-552.      Vol.    29-147-400-660.      Vol.    30-335.      Vol.    31- 

246.     Vol.  32-147.     Vol.  33-323.     Vol.  34-224.     Vol.  36-576. 

Vol.  38-175.     Vol.  40-559-560 115-116-117 

Vol.  24-184.      Vol.    26-530.      Vol.    28-274-537.      Vol.    29-340- 

532.      Sec.    4,    Vol.    29-74.      Vol.    30-84-88-436.      Vol.    32- 

195-236-309.     Vol.   35-349.     Vol.  36-171. 
Vol.  29-352. 
Vol.  24-183.     Vol.  25-352.     Vol.  37-746.     Vol.  39-461.     Vol. 

40-602   393 

Vol.  24-267. 

Vol.  26-251-356-636.      Vol.   29-437.      Vol.   30-494. 

Vol.  30-24. 

Vol.  25-373. 

Vol.  34-223.     Vol.  36-17.". 


Vol.  39-29..      .  .99 


Vol.  24-590. 
Vol.  30-334. 
Vol.  28-197. 
Vol.  25-15. 

Sec,  3,  Vol.  30-401.     Sec.  2,  Vol.  38-106 210  to  247 

Vol.  27-323. 

Vol.  31-47-186.     Vol.  33-589. 

Vol.  31-58.     Vol.   34-658. 

Vol.  33-367. 

Vol.  34-127. 

STATUTE  NO.  30. 

Vol.  24-588-589.  Vol.  23-44-53-54-66-69-72-76-109-121-161-233- 
284-291-295-333-350-352-355  -  360  -  368-458-461-501-559-589- 
593-596-622-639-677.  .  Vol.  34-123-81-89-91-113-115-120-122- 
127-151-296-299-301-377-380-459-520-564-578-603.  Vol.  35-9- 
58-107-117-161-223-262-280-292-387.  Vol.  36-8-28-41-300-492. 
496.  Vol.  37-72-118-139-143-164-278-284-324-613-670-746.  Vol. 
38-65-293-329-400-514-541-598.  Vol.  39-77-177-319-384-442- 
608-611.  Vol.  40-37-198-284 393 

Vol.  25-41-140.     Vol.  27-472-591 393 

Vol.  28-89-284-291-292-312-328-472-474-521.  Vol.  29-382-391- 
531-553-575-578-580-593-594-597.  Vol.  30-15-23-44-92-105- 
124-146-268-378-462-538-550-570-583.  Vol.  31-414-78-152-176- 
185-186-213-215-220-225-251-252  -  273  -  289-303-212-319-322- 
352-372.  Vol.  32-111-16-26-29-31-41-100-111-119-121-124- 
151-174-182-209-223  -  233  -  244-261-282-283-299-308-311-315- 
323-374-379-410-414-466-420-566-578-641-642-661.  Vol.  33- 
36-44-53-54-66-69-72-76-109-151-161-233-284-291-295-333-350- 
352-355-360-368-458-461-501-558  -  589  -  593-596-622-639-677. 
Vol.  34-12-23-81-89-91-113-115-120-122-127-151-296-299-301- 
377-380-459-520-564-578-603.  Vol.  35-9-59-107-117-151-223- 
262-280-292-387.  Vol.  36-8-28-41-300-492-496.  Vol.  37-72- 
118-139-143-174-278-284-324-613-670-746.  Vol.  40-284. 

Vol.  25-364.  Vol.  26-45-71-84-116.  Vol.  27-386.  Vol.  29- 
240-457-410.  Sec.  10,  Vol.  29-158.  Vol.  30-458-115.  Vol. 
30-607.  Vol.  31-315.  Vol.  33-221.  Vol.  35-533. 

Vol.  25-97.    Vol.  28-88.    Vol.  30-50.    Vol.  34-648. 

Vol.  33-36. 

Vol.  33-221. 

Vol.  35-533. 

Vol.  28-540. 

Vol.  26-187. 

Vol.  26-659. 

Vol.  30-609. 

Vol.  26-567. 

Vol.  30-295. 

Vol.  37-348-465. 

Vol.  27-495.  Vol.  28-474.  Vol.  29-214.  Vol.  30-326.  Sec. 
1,  Vol.  30-13-17.  Vol.  32-361.  Vol.  33-451.  Vol.  34-214. 
Vol.  35-155.  Vol.  36-568-580-583.  Sec.  2,  Vol.  37-78-152. 


Vol.  37-63.     Vol.  38-592. 

Vol.  28-341.     Vol.  30-85-437.     Vol.  36-171. 

Vol.  32-556. 
Vol.  37-101-237. 


66 

Date  of  Act.  Page.  Vol.  L.  D.  Page  L.  D.  Page  this  book. 
Vol.  38-308-303-548.  Sec.  2,  Vol.  39-104-309.  Vol.  40- 
125-128-381  92-108 

May  14,  1898-409.  Vol.  27-248-451-627.  Sec.  10,  Vol.  27-335-355-627.  Vol.  28- 
437.  Sec.  1,  Vol.  28-150.  Sec.  31,  Vol.  28-178.  Sec.  1, 
Vol.  29-450.  Sees.  1  and  10,  Vol.  29-95.  Sec.  2,  Vol. 
29-106-397.  Sec.  6,  Vol.  29-447-451-685.  Sec.  10,  Vol.  29- 
395-416-449-684.  Sec.  11,  Vol.  29-572.  Sec.  10,  Vol.  30-40- 
144-177-285-299-417.  Sec.  1,  Vol.  31-442.  Vol.  32-91-98- 
424.  Sec.  1,  Vol.  32-424.  Sec.  6,  Vol.  32-1.  Sees.  2  to  9, 
Vol.  32-428.  Sec.  10,  Vol.  32-2-92-131-438.  Sec.  11,  Vol. 
32-442.  Sec.  12,  Vol.  32-445.  Sec.  13,  Vol.  32-445.  Sec. 
1,  Vol.  34-11.  Sec.  6,  Vol.  34-19.  Sec.  7,  Vol.  34-20. 
Sec.  4,  Vol.  35-298.  Sec.  10,  Vol.  36-226.  Vol.  37-265- 
555.  Sec.  1,-  Vol.  39-514-599.  Sec.  10,  Vol.  39-514.  Vol. 
40-537. 

May  14,  1898-415.     Vol.  37-747-395. 

May  18,  1898-418.     Vol.  27-67-68.     Vol.  34-243.     Vol.   35-403-496 565 

May  27,  1898-745.     Vol.  27-526.     Vol.  30-126.     Vol.  32-150. 

June  21,  1898-484.  Vol.  27-281.  Sec.  11,  Vol.  27-284-302.  Vol.  29-354-399.  Sec. 
1,  Vol.  31-189-390.  Sec.  3,  Vol.  31-189-390.  Sec.  8,  Vol. 
31-263.  Sec.  10,  Vol.  32-137.  Vol.  34-143-371-549-599. 
Sec.  1,  Vol.  35-541.  Sec.  3,  Vol.  35-1. 

June  16,  1898-473.  Vol.  29-484-625.  Vol.  30-58-223-295-464.  Vol.  31-170.  Vol. 
32-253.  Vol.  33-123-250-261.  Vol.  34-206-536.  Vol.  35- 
552-626.  Vol.  26-296.  Vol.  27-436.  Vol.  38-150-319.  Vol. 
39-290. 

June  28,  1898-495.     Vol.  31-42.     Vol.  32-510.     Vol.  33-157.     Vol.  35-602. 

June  27,  1898-495.     Vol.  37-536. 

June  29,  1898-1776.  Vol.  30-609.     Vol.  32-51.     Vol.  37-237. 

July     1,  1898-595.     Vol.  30-50. 

July     1,  1898-618.     Vol.  27-276.    Vol.  34-81-113.     Vol.  35-265.     Vol.  37-300. 

July  1,  1898-620.  Vol.  27-357-566-469-545.  Vol.  28-103-124-126-474.  Vol.  29- 
58-224-242-316-328-387.  Vol.  33-436-369-427-621.  Vol.  34- 
106-146-154-209-210-364-484-575-661.  Vol.  35-48-50-359-448- 
457.  Vol.  35-589.  Vol.  38-46-82-270-273-326-385-400-410- 

July     1,  1898-571.         505-526-540-616.     Vol.  39-230-318-389.     Vol.  40-437. 
Vol.  29-661.     Vol.  30-89.     Vol.  32-459. 

July  1,  1898-597.  Vol.  30-107-193-251-279-595-602-620.  Vol.  31-413-130-162-255- 
432.  Vol.  32-291-367-369-655.  Vol.  33-436-150-369-427-621. 
Vol.  34-81-106-113.  Vol.  35-265-50-359-448-457-589.  Vol. 
36-99-156-178-182-266-270-283-298-299-523.  Vol.  37-70-115- 
137-280-395-408-414-421-427-496-570-595-606-667.  Vol.  38- 
46-82-270-273-326-385-400-410-505-526-540-616.  Vol.  39-230- 
318-389.  Vol.  40-595. 

July     7,  1898-652.     Vol.  29-528.     Vol.  34-531. 

July     7,  1898-750.     Vol.  29-33.    Vol.  30-296.     Vol.  31-240-282.     Vol.  37-19. 

July     7,  1898-674.     Vol.  34-531. 

Sept.  19,  1898-1783.  Vol.  31-58. 

Feb.  27,  1899-892.     Vol.  29-632.     Vol.  30-278.     Vol.  33-196. 

Feb.  28,  1899-908.     Vol.  28-386. 

Mar.    1,  1899-918.     Vol.  29-569.     Vol.  30-600. 

Mar.    1,  1899-966.     Vol.  28-274.     Vol.  36-171. 

Mar.  2,  1899-990.  Vol.  28-557.  Vol.  29-338.  Vol.  30-545-599.  Vol.  31-39-119. 
Vol.  32-187.  Sec.  5,  Vol.  38-415.  Vol.  39-45-175. 

Mar.  2,  1899-993.  Vol.  28-492.  Vol.  30-146-279.  Vol.  31-196-198-397.  Sec.  3, 
Vol.  31-29.  Sec.  4,  Vol.  31-58.  Sec.  3,  Vol.  32-28.  Sec.  4, 
Vol.  32-28.  Sec.  3,  Vol.  33-320-622-633.  Sec.  4,  Vol.  33- 
504-637.  Sec.  3,  Vol.  23-89-148-151-661.  Sec.  3,  Vol.  35- 
59.  Vol.  36-298.  Sec.  3,  Vol.  37-37-68-70-74-135-193-502. 
Vol.  39-371-584.  Vol.  40-64-441. 

Mar.    3,  1899-1097.  Vol.  28-292. 

Mar.    3,  1899-1102.  Vol.  28-404.     Vol.  29-598. 

Mar     3,  1899-1095.  Vol.  29-190-192.     Vol.  35-265-280. 

Mar.    3,  1899-1214.   Vol.  29-257.     Vol.   32-982. 

Mar.    3,  1899-1098.  Vol.  30-369.     Vol.   33-164. 

Mar.    3,  1899-1253.  Vol.  30-419. 

Mar.    3,  1899-1368.  Vol.  30-600.     Vol.  32.-509. 


67 

Date  of  Act.     Page.         Vol.  L.  D.     Page  L.  D.  Page  this  book. 

Mar.    3,  1899-1074.  Vol.  32-159-445-455-522.     Vol.  33-164. 

Mar.    3,  1899-1074.  Vol.  35-265-280.     Vol.  35-97.     Vol.  37-199. 

Mar.    3,  1899-1099.  Vol.  35-97.     Vol.  37-199. 

Mar.    3,  1899-1233.  Vol.  37-788. 

Mar.    3,  1899-1364.  Vol.  40-10. 

Mar.  31,  1899-1121.  Sec.  9,  Vol.  31-44. 

STATUTE  NO.  31. 

Mar.    2,  1899-939.     Vol.  34-53. 

Apr.  13,  1899-947.     Vol.  32-120.     Vol.   39-463. 

Mar.  28,  1900-  52.      Vol.  30-91-468.     Vol.   31-194. 

Apr.     4,  1900-  59.     Vol.  30-41. 

Apr.     7,  1900-962.     Vol.  31-176-253.     Vol.  32-41.     Vol.  33-589. 

Apr.  17,  1900-134.      Vol.  34-620. 

Apr.  30,  1900-141.     Sec.  73,   Vol.   30-195-296.     Sec.   55,   Vol.   31-249.     Sec.    73, 

Vol.  31-241-282.     Vol.  37-19. 
May  17,  1900-179.      Vol.  30-50-78-82-196-268-541.        Vol.      31-73-107-163-250-358. 

Vol.  32-505.     Vol.  33-382-628-632.     Vol.  34-250.     Vol.  35- 

167-533.     Vol.  36-365.     Vol.  37-283 346 

May  19,  1900-180.      Vol.  30-394.      Vol.   34-347.      Vol.   35-119. 

May  31,  1900-221.     Sec.  7,  Vol.  30-461. 

May  31,  1900-247.     Vol.  30-461. 

June    5,  1900-267.     Vol.  30-374.     Sec.  2,  Vol.  31-46-50-445.     Sec.  3,  Vol.  31-25. 

Sec.   2,  Vol.   32-136-243-506-562-587-630.     Sec.   2,  Vol.   33- 

9-448-658.     Sec.  2,  Vol.  34-8-436-638-647.     Sec.  3,  Vol.  34- 

114.    Vol.  35-76-170-209-431-591.    Sec.  3,  Vol.  35-302.    Sec. 

2,  Vol.  36-332-291-426-515.     Sec.  3,  Vol.  36-222.     Vol.  37- 

62-151.    Sec.  2,  Vol.  37-549.     Sec.  2,  Vol.  38-364-592.    Sec. 

2,  Vol.  39-99-251 347 

June    6,  1900-321.     Vol.  30-142.    Sec.  13  to  16,  vol.  32-91-428.    Sec.  26,  Vol.  32- 

131.     Sec.  27,  Vol.  32-446.     Sec.  31,  Vol.  32-161.     Sec.  31, 

Vol.  33-166-180.     Chap.  63,  Vol.  34-71.     Vol.  37-266.    Sec. 

15,  Vol.  37-748.     Sec.  36,  Vol.  37-250-749.     Vol.  40-427- 

537    195 

June    6,  1900-330.     Sec.  27,  Vol.  30-419 195 

June     6,  1900-588.     Vol.    31-176-185-187-221-227-289-372-396.      Vol.    32-29.      Vol. 

33-361-558-593.     Vol.  34-89-116-297.     Vol.  35-266.     Vol.36- 

496.     Vol.  37-72-139-671. 
June    6,  1900-614.     Vol.  30-551-584.      Vol.    31-176-185-187-221-227-289-372.     Vol. 

33-361-558-593.     Vol.   35-266.     Vol.   36-496. 
June    6,  1900-661.     Vol.  30-378. 
June    6,  1900-683.     Vol.  30-157-313-526.     Vol.  32-281.    Vol.  34-314.    Vol.  38-143- 

39-363   347 

June    6,  1900-672.     Vol.   31-1-147-46-84-145-154-366-362-445.     Vol.   32-96-191-503- 

526-588.      Vol.    33-81-125-447.      Vol.    34-54-163.      Vol.    35- 

328-624-349.     Vol.  36-150-154.     Vol.  36-173.     Vol.  37-191- 

260-749. 

June    6,  1900-679.     Vol.  31-362-445.     Vol.   35-349. 
June     6,  1900-658.     Vol.  33-114.     Vol.  35-673.     Vol.  38-86-289. 
June    6,  1900-676.     Vol.  33-125-447.      Vol.    34-54-163.      Vol.    35-238-624.      Vol. 

36-150-164.     Vol.   37-191. 
June     6,  1900-436.     Vol.  34-71. 
June    6,  1900-683.     Vol.  35-426.      Vol.    39-364. 
Oct.   10,  1900-  81.     Vol.  35-107. 

June    6,  1900-680.     Vol.  36-173.     Vol.  37-260-749 197 

Jan.     4,  1901-727.     Vol.  31-3-126. 

Jan.   14,  1901-229.     Vol.  32-11-287. 

Jan.  26,  1901-740.     Vol.  30-540.     Vol.  31-73-106-250.     Vol.  33-628-632.     Vol.  36- 

365    346 

Jan.  31,  1901-745.     Vol.  31-390-131.      Vol.    33-122.      Vol.    35-7-150-427-511-655. 

Vol.   37-750-813. 
Feb.  15,  1901-790.     Vol.  30-588.     Vol.  31-13.     Vol.  32-144-452-462-597.     Vol.  33- 

389-415-451-564.      Vol.    34-228-693.      Vol.    35-155-465-637. 

Vol.    36-409-579.      Vol.    37-78-80.      Vol.    38-306-340.      Vol. 

39-416.     Vol.   40-31-381 90-111-115 

Feb.  18,  1901-794.     Vol.  31-40. 

Mar.    1,  1901-861.     Vol.  31-42.     Vol.   38-415. 


68 


Date  of  Act.     Page. 

Mar.     1,  1901-847. 


Vol.  L.  D.     Page  L.  D.  Page  this  book. 

Vol.  30-623.  Vol.  31-5-108.  Sec.  2304  and  2305,  R.  S.,  Vol. 
32-407-624.  Vol.  33-4-278.  Vol.  34-2-393-633-641.  Vol. 
35-685-687.  Vol.  36-53-55-296.  Vol.  37-693.  Vol.  39- 
291 

Vol.  30-620.  Vol.  35-450. 
Vol.  30-588.  Sec.  3,  Vol.  31-16.  Sec.  3,  Vol.  34-289-679. 

Vol.  39-648.  Sec.  3,  Vol.  36-583-136. 
Vol.  30-588.  Vol.  36-583. 
Vol.  30-601. 
Vol.  30-542. 
Vol.  30-540. 

Vol.  31-372.  Vol.  33-558-593.  Vol.  37-72. 
Vol.  31-3-84-107-126-157.  Vol.  32-96-405.  Vol.  33-194.  Vol. 

34-165. 
Mar.  3,  1901-1133.  Sec.  3,  Vol.  31-229.  Sec.  3,  Vol.  33-374.  Vol.  35-266.  Vol. 

35-477.  Sec.  3,  Vol.  37-626-682 253 

Mar.  3,  1901-1188.  Vol.  33-374.  Vol.  35-477. 
Mar.  3,  1901-1084.  Vol.  35-648.  Vol.  36-136. 
Mar.  3,  1901-1158.  Vol.  30-266. 
Mar.  3,  1901-1436.  Vol.  36-73. 


Mar. 
Mar. 

Mar. 
Mar. 
Mar. 
Mar. 
Mar. 
Mar. 

2, 
3, 

3, 
3, 
3, 
3, 
8, 
3, 

1901-950. 
1901-1058. 

1901-1083. 
1901-1085. 
1901-1435. 
1901-1439. 
1901-1037. 
1901-1093. 

July  4,  1901-975. 
Feb.  28,  1902-  43. 
Mar.  11,  1902-  63. 


Apr.  15,  1902-106. 

Apr.  28,  1902-172. 

May  3,  1902-188. 

May  22,  1902-203. 


May  22,  1902-203. 
May  27,  1902-245. 


May 
May 
May 
May 
May 
May 
June 
June 


27,  1902-263. 

27,  1902-275. 

27,  1902-261. 

27,  1902-266. 

27,  1902-742. 

31,  1902-283. 

13,  1902-384. 

17,  1902-388. 


June  17,  1902-388. 
June  19,  1902-744. 
June  27,  1902-400. 

June  28,  1902-419. 
June  28,  1902-453. 
June  30,  1902-500. 
July  1,  1902-657. 
July  1,  1902-730. 

July     1,  1902-733. 


STATUTE  NO.  32. 

Vol.  32-404.    Vol.  37-360. 

Sec.  13,  Vol.  32-355.     Vol.  34-504.     Sec.  16,  Vol.  38-415. 

Vol.  31-274-286-366.  Vol.  32-503-539-541.  Vol.  33-222-654. 
Vol.  34-682.  Vol.  35-271.  Vol.  36-151.  Vol.  38-98-358. 
155,  210  to  247 

Vol.  31-331.    Vol.  33-369.    Vol.  34-658. 

Vol.  31-348. 

Vol.  34-356. 

Vol.  31-358.  Sec.  2,  Vol.  32-136-281-505-630.  Vol.  33-9.  Vol. 
34-8-639-647.  Vol.  35-170-591.  Vol.  36-291.  Vol.  37-62. 
Sec.  2,  Vol.  37-549.  Sec.  2,  Vol.  38-364-592.  Sec.  2,  Vol. 
39-99-251  198 

Vol.  32-520    198 

Vol.  32-367-657-662.  Vol.  33-611.  Vol.  35-383.  Vol.  36-191. 
Vol.  38-101-120.  Vol.  39-172.  Vol.  40-179-183.  Vol.  34-1- 
176-306-418-125. 

Vol.    35-383.     Vol.    37-750 398 

Vol.  36-191.     Vol.  38-425.     Vol.  40-179. 

Vol.  38-101-120. 

Vol.  39-172. 

Vol.  39-172. 

Vol.  40-392. 

Vol.  21-388.    Vol.  39-464. 

Sec.  3  and  4,  Vol.  31-420-423.  Vol.  32-237-254-257-278-287- 
396-417-459-473-496-537-560-597-604-633-647.  Vol.  33-38-105- 
158-183-191-196-257-291-350-360-381-391-415-521-525-538-564- 
607.  Vol.  34-17-29-66-156-159-186-312-347-352-445-454-482- 
544-550-560-567-633-653.  Vol.  35-57-112-216-222-250-273-650- 
684.  Vol.  36-131-135-138-256-332-449-540.  Vol.  37-6-27-152- 
323-362-365-429-448-468-581-698-719.  Sec.  5,  Vol.  37-11-13- 
46-429.  Vol.  38-146-156-233-349-374-589-620.  Sec.  30,  Vol.38- 
513-627.  Sec.  5,  Vol.  38-194-229-345-604.  Vol.  39-2-48-197- 
203-297-432-502-526-528-531-532-536-537-572.  Vol.  40-51-60- 
132-138-234-315-327-336-381-400-418-422-437 471,  506 

Vol.  40-458-474-482-489-492-497-504-507-508-511-515.. 471,   506 

Vol.  39-172. 

Vol.  32-320-559-641.  Vol.  34-709-735.  Vol.  35-482-532.  Vol. 
36-324.  Vol.  37-61.  Vol.  38-572.  Vol.  39-219. 

Vol.  35-266. 

Vol.  35-266. 

See.  10,  Vol.  32-306. 

Vol.  31-381. 

Vol.  31-392.  Vol.  33-120-354-472-516.  Vol.  34-627.  Vol.  38- 
39-143. 

Vol.  31-425. 


Date  of  Act.     Page.          Vol.  L.  D.     Page  L.  D.  Paep  thin  honu 

July     1,  1902-641.     Vol.  32-354.     Vol.  38-415. 
July     1,  1902-716.     Vol.  38-415. 
July     1,  1902-728.     Vol.  39-472.    Vol.  40-503. 
July     4,  1902-2014.  Vol.  35-626.     Vol.  36-296. 

Jan.   31,  1903-790.     Vol.  32-132.     Vol.  35-58.     Vol.  34-400.     Vol.  39-601-871 
Jan.     9,  1903-765.     Vol.  33-593. 
Feb.     7,  1903-2035.  Vol.  33-382. 
•  Feb.     9,  1903-820.     Vol.  32-320.     Vol.  34-98-621-709.     Vol.  35-482-532      Vol    37- 

61-210  to  247. 

Feb.     9,  1903-  88.     Vol.  38-98-120-591. 
Feb.   11,  1903-822.     Vol.  34-369. 

Feb.  12,  1903-825.  Vol.  32-367.  Vol.  37-751 398-458 

Mar.  3,  1903-982.  Vol.  32-367.  Vol.  34-1-307-648-651.  Vol.  35-385 

Mar.    3,  1903-1028.  Vol.  32-90-424.     Vol.  36-226-433.     Vol.  39-514-598      Vol    40- 

537. 

Mar.    3,  1903-1222.  Vol.  32-89.    Sec.  39-Vol.  35-116. 

Mar.    3,1903-998.     Vol.  34-1-307-647-651.     Vol.  35-385.     Vol.  37-751..  399 

Mar.  3,  1903-1083.  Vol.  35-266. 
Mar.  3,  1903-1115.  Vol.  35-266. 
Jan.  19,  1904-424.  Vol.  40-537. 
Apr.  19,  1904-184.  Vol.  38-272. 

STATUTE  No.  33. 

May  29,  1903-2307.  Vol.  33-284-357-511. 

June  9,  1903-2311.  Vol.  35-432. 

Dec.  22,  1903-2327.  Vol.  37-237. 

Feb.  20,  1904-  46.  Vol.  32-600.  Vol.  35-67-482.  Vol.  38-547.  Vol.  39-456-540 

Mar.  4,  1904-  59.  Vol.  32-539-555-640.  Vol.  33-222.  Vol.  34-540-682.  Vol  35- 
271.  Vol.  36-46-282.  Vol.  37-236-300-315.  Vol.  38-189- 
358  286 

Mar.  9,  1904-  64.  Vol.  32-541.  Vol.  33-286. 

Mar.  22,  1904-144.  Vol.  32-555.  Vol.  33-629-633. 

Mar.  25,  1904-151.  Vol.  35-446. 

Mar.  30,  1904-  40.  Vol.  33-382. 

Mar.  30,  1904-153.  Vol.  33-80.  Vol.  36-162. 

Mar.  30,  1904-154.  Vol.  32-656.  Sec.  2,  Vol.  33-382. 

Apr.  19,  1904-184.  Vol.  32-620.  Vol.  34-389.  Vol.  39-307. 

Apr.  19,  1904-186.  Vol.  32-635. 

Apr.  21,  1904-189.  Vol.  34-1-307-666.  Vol.  35-608-385.  Vol.  35-385-83-453.  Vol. 
39-508. 

Apr.  23,  1904-254.  Vol.  32-622-628.  Vol.  33-255.  Vol.  37-444.  Vol.  38-214. 

Apr.  23,  1904-297.  Vol.  32-662.  Vol.  33-221-310.  Vol.  34-253.  Vol.  35-81. 
Vol.  36-144-243-247-290.  Vol.  38-556.  Vol.  39-435. 

Apr.  23,  1904-298.  Vol.  32-620. 

Apr.  23,  1904-306.  Vol.  33-27. 

Apr.  23,  1904-302.  Vol.  37-698-752.   Vol.  38-341 400 

Apr.  21,  1904-194.  Vol.  35-608.  Vol.  36-453. 

Apr.  21,  1904-207.  Vol.  35-385. 

Apr.  21,  1904-211.  Vol.  35-83.  Vol.  37-537.  Vol.  38-141 159 

Apr.  27,  1904-322.  Vol.  39-435. 

Apr.  27,  1904-360.  Sec.  5,  Vol.  38-101-121. 

Apr.  27,  1904-324.  Vol.  35-646-647. 

Apr.  27,  1904-352.  Vol.  34-632-638.  Vol.  35-56-684-686.  Sec.  5,  Vol.  37-763.. 400 

Apr.  27,  1904-319.  Vol.  33-1-8-263.  Vol.  35-646-647. 

Apr.  28,  1904-527.  Vol.  32-602-603-630-639.  Vol.  33-9-449-659.  Vol.  34-8-61- 
114-436-639-647-701.  Vol.  35-76-135-209-233-275-302-375- 
394-431-447-500-579-590  347-360 

Apr.  28,  1904-547.  Vol.  32-670.  Vol.  30-386.  Vol.  34-61-87-135-274-436-467-507- 
528-546-573-690.  Sec.  1,  Vol.  35-102-211-234-281-325. 
Sec.  2,  Vol.  35-57-102-207-213-256-273-314-324-353-406-430- 
542-560-585-613.  Sec.  3,  Vol.  35-102-207-209-214-255-256- 
276-316-325-345-351-373.  Sec.  2,  Vol.  36-3-45-507.  Vol.  37- 
172-177-197.  Sec.  2,  Vol.  37-225.  Sec.  3,  Vol.  39-1.  Sec. 
2,  Vol.  39-17-18-37.  Vol.  40-94-370-400-421. 

Apr.  28,  1904-567.  Vol.  32-636.  Vol.  33-586. 

Apr.  28,  1904-452.  Vol.  33-131.  Vol.  34-517.  Vol.  35-266, 


70 

Date  of  Act.     Page.         Vol.  L.  D.     Page  L.  D.  Page  this  book. 

Apr.  28,  1904-485.  Vol.  33-131. 

Apr.  28,  1904-525.  Vol.  33-114.  Vol.  35-673.  Vol.  36-548.  Vol.  38-133.  Sec.  1, 

Vol.  38-86.  Sec.  20,  Vol.  38-87-141.  Sec.  3,  Vol.  38-87 

Vol.  39-332-337.  Vol.  40-537 152-179-185 

Apr.  28,  1904-539.  Vol.  33-298.  Vol.  35-143.  Vol.  36-210-236. 

Apr.  28,  1904-545.  Vol.  33-98.  Vol.  34-683. 

Apr.  28,  1904-556.  Vol.  33-156.  Vol.  39-135. 

Apr.  28,  1904-591.  Vol.  33-397. 

Apr.  28,  1904-483.  Vol.  35-266. 

Apr.  28,  1904-527.  Sec.  1,  Vol.  36-66-154-181-224-364-452-515-520.  Sec.  2,  Vol. 

36-46-403-449.  Vol.  37-62-121-151-169-189-332-508-660.  Vol. 

38-233-395-407-592-530.  Sec.  2  and  3. 
June  2,  1904-368.  Vol.  35-646.  Vol.  39-435. 
Dec.  21,  1904-595.  Vol.  33-579-671-673.  Vol.  34-14.  Vol.  36-371.  Sec.  3,  Vol. 

37-753 375  to  435,  401 

Feb.  1,  1905-628.  Sec.  4,  Vol.  33-451.  Sec.  1,  Vol.  34-20-229.  Vol.  35-264-266. 

Sec.  1,  Vol.  36-344-581.  Sec.  4,  Vol.  36-584.  Vol.  37-8. 

Vol.  38-65-306.  Vol.  39-416 109 

Feb.  7,  1905-700.  Vol.  33-408. 

Feb.  7,  1905-702.  Vol.  34-15.  Vol.  37-793.  Vol.  38-548. 

Feb.  8,  1905-706.  Vol.  34-248.  Vol.  36-541.  Vol.  38-623 471 

Feb.  24,  1905-813.  Vol.  33-489.  Vol.  34-517.  Vol.  35-7.  Vol.  37-282.  Vol.  38- 

239-373-328 

Mar.  3,  1905-990.  Vol.  33-552.  'Sec.  4,  Vol.  38-573. 
Mar.  3,  1905-1005.  Vol.  33-551.  Vol.  36-364.  Vol.  38-592. 
Mar.  3,  1905-1048.  Vol.  33-611-515.  Vol.  34-419-709-7-176-307-550.  Vol.  35-385. 

Vol.  36-191.  Vol.  38-39-143. 

Mar.  3,  1905-1069.  Vol.  33-611.  Vol.  36-191.  Vol.  38-100-120 210  to  247 

Mar.  3,  1905-1072.  Vol.  33-515.  Vol.  38-39-143. 

Mar.  3,  1905-1264.  Vol.  33-558-593.  Vol.  34-459-565-578-604.  Vol.  35-118.  Vol. 

38-400. 
Mar.  3,  1905-1016.  Vol.  34-640-645.  Vol.  35-386.  Sec.  2,  Vol.  37-753.  Vol.  38- 

536  401 

Mar.  3,  1905-1032.  Vol.  34-483.  Vol.  38-624. 
Mar.  3,  1905-861.  Vol.  35-266. 
Mar.  3,  1905-872.  Vol.  35-266. 

Mar.  3.  1905-1021.  Sec.  2,  Vol.  35-101-120 210  to  247 

Mar.  3,  1905-1073.  Vol.  38-39-143. 

STATUTE  NO.  34. 

June  12,  1905-3088.  Vol.  37-2. 

May  29,  1905-3058.  Vol.  38-220-225. 

June  12,  1905-3095.  Vol.  37-2. 

July  27,  1905-3133.  Vol.  36-348. 

July  27,  1905-3139.  Vol.  36-343. 

Oct.   3,  1905-3178.  Vol.  39-415. 

Mar  6,  1906-  53.  Vol.  35-110. 

Mar.  20,  1906-  80.  Vol.  35-239-220.  Vol.  36-150.  Sec.  3.  Vol.  37-754.  Sec.  3, 

Vol.  38-410. 

Mar.  22,  1906-  82.  Sec.  11,  Vol.  38-103-123. 
Mar.  27,  1906-  88.  Vol.  36-109. 
Apr.  16,  1906-116.  Vol.  36-50.  Vol.  37-179.  Vol.  38-104-123-624.  Sec.  4,  Vol. 

39-593  210  to  247 

Apr.  21,  1906-124.  Vol.  36-52-54. 

Apr.  26,  1906-137.  Sec.  14,  Vol.  38-415. 

May  8,  1906-182.  Vol.  36-211.  Vol.  37-221.  Vol.  40-180.  Vol.  38-423-427-560 

May  17,  1906-197.-  Vol.  35-10-47-437.  Vol.  36-99-157-177-267.  Vol.  37-282-337- 

416-606-615.  Vol.  38-46-381-400-526-616.  Vol.  39-230-318. 

Vol.  40-595. 

June  4,  1906-208.  Vol.  36-303. 
June  5,  1906-213.  Vol.  35-140-145-238-239-247-421-573.  Vol.  36-1-150-174.  Vol. 

38-50.  Vol.  39-468.  Vol.  40-324. 
June  8,  1906-225.  Vol.  36-394. 
June  9,  1906-229.  Vol.  36-391. 
June  11,  1906-233.  Vol.  35-200-263-432.  Vol.  36-30-305.  Vol.  37-355-470.  Vol. 

38-207-220-278-481-567.  Vol.  39-92-386-411-414-463-605.  Vol. 

40-288-316  450 


71 


Date  of  Act.     Page. 

June  12,  1906-259. 
June  16,  1906-267. 

June  21,  1906-325. 


June  21, 
June  21, 
June  21, 
June  21, 
June  21, 
June  21, 
June  21, 
June  21, 
June  21, 
June  26, 
June  27, 


1906-326. 
1906-352. 
1906-337. 
1906-353. 
1906-335. 
1906-334. 
1906-337. 
1906-354. 
1906-377. 
1906-482. 
1906-517. 


June  27,  1906-520. 
June  27,  1906-519. 


June  27, 
June  29, 
June  29, 
June  29, 
June  29, 
June  30, 
June  30, 
June  30, 
June  30, 
June  30, 
Nov.  6, 
Jan.  8, 
Jan.  16, 
Jan.  17, 
Jan.  18, 
Feb.  2, 
Feb.  8, 
Feb.  18, 
Feb.  20, 
Feb.  25, 
Mar.  1, 
Mar.  1, 


1906-550. 

1906-596. 

1906-606. 

1906-622. 

1906-611. 

1906-669. 

1906-683. 

1906-697. 

1906-801. 

1906-808. 

1906-3256, 

1907-841. 

1907-2953. 

1907-849. 

1907-1419. 

1907-142. 

1907-883. 

1907-894. 

1907-898. 

T907-934. 

1907-1003. 

1907-1052. 


Mar. 
Mar. 
Mar. 
Mar. 
Mar. 
Mar. 
Mar. 
Mar. 
Mar. 
Mar. 


1,  1907-1048. 
1,  1907-1056. 
1,  1907-1057. 
1,  1907-1015. 
1,  1907-1018. 
1,  1907-1024. 
1,  1907-1025. 

1,  1907-1039. 

2,  1907-1243. 
2,  1907-1230. 


Mar.  2,  1907-3309. 
Mar.  2,  1907-1224. 

Mar.  2,  1907-1245. 


Mar. 
Mar. 
Mar. 
Mar. 


2,  1907-1248. 

4,  1907-1408. 

4,  1907-1256. 

4,  1907-1271. 


Vol.  L.  D.  Page  L.  D.  Page  this  book. 

Vol.  38-625  472 

Sec.  7,  8  and  9,  Vol.  35-115-348.  Sec.  12,  Vol.  35-509.  Sec. 

8,  Vol.  36-173-334. 
Vol.  35-67-428-532.   Vol.  36-136-477-212.   Vol.  37-698-754. 

Vol.  38-547.  Vol.  39-44.  Sec.  17,  Vol.  39-516.  .375  to  435 

Vol.  38-547 375  to  435 

Vol.  35-428-532.  Vol.  36-477. 

Vol.  36-136  357 

Vol.  36-212. 

Vol.  37-698-754.  Vol.  40-445. 

Vol.  38-26. 

Vol.  38-104-123. 

Vol.  38-102-121.  Sec.  17,  Vol.  39-516.  Vol.  40-596. 

Vol.  39-44. 

Vol.  38-208. 

Vol.  33-11-44-518-542-582-646-647.  Vol.  36-216.  Vol.  37-107- 

229-454.  Vol.  38-85-139-483-481.  Vol.  39-10-22.  Vol.  40- 

105-353-373-494-541. 
Sec.  5,  Vol.  35-340.  Sec.  4,  Vol.  38-105-123.  Sec.  5,  Vol.  38- 

195-474-513.  Vol.  40-387  287 

Vol.  36-50-176.  Vol.  37-179-721.  Sec.  5,  Vol.  37-322.  Sec.  5, 

Vol.  39-268-381-520.  Vol.  40-321.  Vol.  38-625-644.  Vol. 

40-601  473 

Vol.  35-139-239-398.  Vol.  38-50.  35  Statutes  554-675. 

Sec.  27,  Vol.  35-299-369.  Vol.  37-86. 

Vol.  37-86. 

Vol.  35-546.  Vol.  40-199. 

Vol.  38-39-143. 

Vol.  35-266. 

Vol.  35-266. 

Vol.  35-492. 

Vol.  35-464.  Vol.  37-152. 

Vol.  35-60-85. 

Vol.  39-343. 

Vol.  35-382. 

Vol.  39-105. 

Vol.  35-397. 

Vol.  37-435-711. 

Vol.  39-9. 

Vol.  36-33.  Vol.  37-359.  Vol.  38-278-675. 

Vol.  35-451. 

Sec.  20  and  21,  Vol.  38-419. 

Vol.  36-131. 

Vol.  35-482-532. 

Vol.  35-479-489.  Vol.  38-106-125.  Vol.  39-384.  Vol.  40-74- 

210  to  247 

Vol.  40-6-11-100-211. 
Vol.  35-477.  Vol.  39-464. 

Vol.  36-478.  Vol.  37-626 253 

Vol.  36-213-246-336-541.  Vol.  38-425.  Vol.  40-6-11-100-211. 

Vol.  36-136.  Vol.  38-425. 

Vol.  36-541. 

Vol.  36-541. 

Vol.  38-122. 

Vol.  37-755. 

Vol.  37-122-124-278-394.  Sec.  2  and  4,  Vol.  38-98-120.  Vol. 

40-6-11-54 210  to  247 

Vol.  39-445. 

Vol.  35-542-582-614.  Vol.  36-3-110-216.  Vol.  37-227.  Vol. 

38-484.  Vol.  39-10-20.  Vol.  40-363-371 360  to  364 

Vol.  35-568.  Vol.  36-265.  Vol.  37-340-354.  Sec.  4,  Vol.  39- 

330.  Vol.  40-510. 
Vol.  35-492. 

Vol.  35-502.  Vol.  37-282.  Vol.  38-237-242.  Vol.  40-591-593, 
Vol.  36-314. 
Vol.  36-314, 


72 


Date  of  Act.     Paste.         Vol.  L.  D.     Page  L.  D. 
June    4,  1907-1357.  Vol.  39-106. 
June  23,  1907-2149.  Vol.  40-534. 


Page  this  book. 


Mar.  11,  1908-  41. 
Mar.  13,  1908-  42. 
Mar.  26,  1908-  48. 


Mar.  28,  1908-  51. 
Mar.  28,  1908-  52. 

Apr.  30,  1908-  77. 
May  20,  1908-169. 

May  23,  1908-268. 


STATUTE  NO.  35. 

Mar.  16,  1907-2120.  Vol.  39-415. 

Apr.  11,  1907-502.     Vol.  40-591-592. 

Apr.  12,  1907-675.     Vol.  40-377. 

Apr.  12,  1907-676.     Vol.  40-377. 

Apr.  24,  1907-682.     Vol.  40-112. 

May  27,  1907-2139.  Vol.  39-279. 

June    8,  1907-2143.  Vol.  39-435. 

Feb.     8,  1908-     6.     Vol.  36-291-451-472-474.      Vol.    37-62-383-506-600.      Vol.    38- 

336-396-407-458-462-507-592.    Vol.  39-219-466. 
Vol.  36-310.     Vol.  37-555.     Vol.  38-50. 
Vol.  37-76. 

Vol.  36-388-472.  Vol.  37-312.  Sec.  1,  Vol.  37-210-235-339- 
353.  Sec.  2,  Vol.  37-687-692-215.  Vol.  38-440-566.  Sec.  2, 
Vol.  38-231-270-320.  Vol.  39-146-192-573.  Sec.  1,  Vol.  39- 

153-497.     Sec.  2,  Vol.  39-91.     Vol.  40-96-107-132 287 

Vol.  37-33. 

Sec.  3,  Vol.  37-333.     Sec.  3,  Vol.  38-189-216.     Vol.  39-477- 

558.     Vol.  40-389.     Vol.  40-595 288 

Vol.  38-104-123 210  to  247 

Vol.  36-477.    Vol.  37-62.    Sec.  8,  Vol.  592.    Vol.  39-541.    Vol. 

40-438. 
Vol.  37-491.     See.   3,  Vol.  37-665.     Sec.   4,  Vol.   37-61-492. 

Vol..  38-443-44-572-596.     Vol.  39-219. 
May  23,  1908-251.     Vol.  38-342. 
May  23,  1908-269.     Vol.  38-342.     Vol.40-68-184-446. 

May  27,  1908-317.     Vol.  36-473.     Vol.  37-627.     Vol.  39-602 254 

May  27,  1908-377.     Vol.  36-473. 

May  27,  1908-347.     Vol.   37-627 263  to  266 

May  28,  1908-424.     Vol.  37-20.     Vol.  38-88.     Vol.  39-329. 

May  29,  1908-465.  Sec.  6,  Vol.  36-504.  Sec.  8,  Vol.  36-506.  Sec.  9  and  10,  Vol. 
36-504-514.  Sec.  12,  Vol.  36-501.  Sec.  14,  Vol.  36-481. 
Sec.  7,  Vol.  37-225.  Sec.  9,  Vol.  37-167-436.  Sec.  11,  Vol. 
37-755.  Sec.  12,  Vol.  37-23-67-285-287-534-617.  Sec.  6, 
Vol.  38-272-460.  Sec.  6,  Vol.  39-222-304.  Sec.  7,  Vol.  39- 

17-18.     Sec.  9,  Vol.  39-75.     Vol.  40-369 403 

May  29,  1908-458.     Vol.  37-698.     Vol.  38-496.    Vol.  39-172. 

May  29,  1908-444.     Sec.  1,  Vol.  38-424-428-560.     Sec.  17,  Vol.  40-6-11-180-214. 

May  29,  1908-459.     Sec.  4,  Vol.  38-103-123. 

May  29,  1908-460.     Vol.  38-158-455. 

May  29,  1908-461.     Sec.  2  to  15,tVol.  38-100-120 210  to  247 

May  29,  1908-457.     Sec.  24,  Vol.  39-469. 
May  29,  1908-456.     Vol.  40-324. 
May  30,  1908-554.     Vol.  37-359.     Vol.  38-278. 
May  30,  1908-563.     Sec.  14,  Vol.  38-122. 
Aug.  24,  1908.  Vol.  37-279. 

Feb.     6,  1909-597.     Vol.  37-535. 
Feb.  16,  1909-226.     Vol.  39-599. 
Feb.  18,  1909-636.     Vol.  37-517.     Vol.  38-50. 
Feb.  18,  1909-638.     Vol.  37-627. 

Feb.  19,  1909-639.-  Vol.  37-546-697-707.  Vol.  38-361-498-570.  Sec.  3,  Vol  38- 
577.  Sec.  6,  Vol.  38-584-586.  Vol.  39-97-240-292-605.  Sec. 
1,  Vol.  39-248.  Sec.  3,  Vol.  39-34-37-164-181-206-346.  Sec. 

6,  Vol.  39-167-251-386 200 

Feb.  20,  1909-641.     Vol.  37-575. 

Feb.  24,  1909-644.     Vol.  37-627. 

Feb.  24,  1909-645.     Vol.  37-655-766.     Vol.  38-170-469.     Vol.  40-435-572. 

Feb.  25,  1909-650.     Vol.  37-756. 

Feb.  26,  1909-655.     Vol.  37-536. 

Mar.    2,  1909-684.     Vol.  38-330. 

Mar.    3,  1909-780.     Vol.  37-580. 

Mar.     3,  1909-781.     Vol.  38-342-41-42-44.     Vol.  40-196. 

Mar.    3,  1909-796.     Vol.  38-342. 


73 

Date  of  Act.     Page.         Vol.  L.  D.     Page  L.  D.  Page  this  book. 

Mar.    3,  1909-844.     Vol.  37-528.    Vol.  38-182-183-246-588-537-576.    Vol.  39-7C. -ir,!>- 

180-338-497-545-563.     Vol.  40-26-28-35-98-419.     Vol.  40-591- 

288 

Mar.    3,  1909-784.     Vol.  38-41-42-44. 

Mar.    3,  1909-571.     Vol.  40-211. 

Mar.    4,  1909-1088.  Sec.  91,  Vol.  37-495. 

Mar.    4,  1909-1039.  Vol.  38-343. 

Mar.    4,  1909-1051.  Vol.  38-343. 

35  Stat.,  1243,  page  600. 

35  Stat.,  467,  page  601. 

STATUTE  NO.  36. 

Feb.     1,  1905-628.  Vol.  40-426. 

Mar.  15,  1910-237.  Vol.  39-369. 

Mar.  23,  1910-241.  Vol.  39-184. 

Apr.     4,  1910-269.  Vol.  39-527. 

May  11,  1910-354.  Vol.  39-67. 

May  13,  1910-312.  Vol.  39-334. 

May  27,  1910-440.  Vol.  40-164. 

May  30,  1910-448.  Vol.  40-164-391. 

June    1,  1910.  Vol.  40-455-151-160. 

June    7,  1910-459.  Vol.  39-316-49. 

June  11,  1910-465.  Vol.    39-205-421    474 

June  15,  1910-331.  Vol.  39-111. 

Feb.  18,  1911-917.  Vol.  40-406   478 

June  17,  1910-531.  Vol.    39-96-249-252-292-387.      Vol.    40-184 73-351 

June  22,  1910-583.  Vol.   39-76-156-179-240-255-339-463-465-473-494-545-604.      Vol. 

40-419-440-426-25-27-34-77.   Vol.  40-593-486 167 

June  23,  1910-592.  Vol.  39-204-298-421-505  474,  505 

36  Stat.,  647 681 

June  25,  1910-739.  Vol.  39-113-116. 

June  25,  1910-703.  Vol.  39-553. 

June  25,  1910-741.  Vol.  39-203-421-432. 

June  25,  1910-846.  Vol.  39-140. 

June  25,  1910-847.  Vol.  39-88-156-158-139-544-563-604.  Vol.  40-27-34-235-305-321- 

394-409-410-415-462-449-568  683 

June  25,  1910-864.  Vol.  39-203-278-421.  Vol.  40-292 476 

June  25,  1910-867.  Vol.  39-268. 
June  25,  1910-885.  Vol.  39-306. 
June  25,  1910-834.  Vol.  40-834  707 

36  Stat.,  902  478 

Feb.  13,  1911-902.  Vol.  40-327-423-483  477 

36  Stat.,  917 708 

Feb.  21,  1911-925    479 

STATUTE  NO.  37. 
Aug.  19,  1911-  23.    Vol.  40-510. 

STATUTE  NO.  38. 

May  31,  1910-620.  Vol.  40-317. 

June  25,  1910-861.  Vol.  40-324. 

June  25,  1910-836,  Vol.  40-406. 

June  25,  1910-855.  Vol.  40-196-121-179-181-214. 

Feb.  13.  1911-903.  Vol.  40-547.     Vol.  40-590. 

Feb.  28,  1911-900.  Vol.  40-428. 

Mar.    2,  1911-1015.  Vol.  40-129   459 

Mar.    3,  1911-1073.  Vol.  40-391. 

Mar.    4,  1911-1356.  Vol.  40-393. 

PUBLIC. 

Jan.  27,  1906-     7.  Vol.  34-452. 

Mar.  15,  1906-  46.  Vol.  34-700. 

Apr.  17,  1906-106.  Vol.  34-630. 

Apr.  26,  1906-109.  Sec.  12,  Vol.  34-580. 

May    8,  1906-149.  Vol.  34-705. 

Jan.  28,  1910-  23.  Vol.  38-451. 


74 

Date  of  Act.     Pago.  Vol.  L.  D.     Page  L.  D.  Page  this  book. 

Mar.  15,  1910-  87.  Vol.  38-580. 

Mar.  26,  1910-108.  Sec.  1,  Vol.  38-547.    Sec.  2,  Vol.  38-544.     Sec.  3,  Vol.  38-545. 

Apr.  12,  1910-129.  Vol.  38-597. 

Feb.     3,  1911-340.  Vol.  39-524. 

Feb.   13,  1911-353.  Vol.  39-529-538-606-613-614. 

Feb.  13,  1911-357.  Vol.  39-506. 

Feb.  16,  1911-3S2.  Vol.  39-540. 

Mar.    3,  1911-454.  Sec.  21,  Vol.  39-612. 

Mar.    3,  1^11-462.  Vol.  39-564. 

Mar.    3,  1911-469.  Vol.  39-618.     Sec.  2,  Vol.  39-612. 

Mar.    4,  1911-501.  Vol.  39-556. 

ACTS  OF  CONGRESS  NOT  INCLUDED  IN  THE  FOREGOING  TABLE. 

Aet  June  3,  1878,  Sec.  3,  20  Stat.,  89,  page  565. 

Act  May  25,  1911  (Public  No.  28),  page  412. 

Act  March  10,  1909  (Public  No.  45),  page  891. 

Act  March  26,  1908  (Public  No.  65),  page  893. 

Act  March  15,  1910  (Public  No.  87),  page  263. 

Act  May  28,  1908  (Public  No.  151),  page  187. 

Act  June  17,  1910  (Public  No.  214),  pages  196  to  210. 

Act  Feb.  24,  1911  (Public  No.  413),  page  76. 

Act  March  3,  1911  (Public  462),  page  553. 

Act  March  4,  1911  (Public  478),  page  111. 

Act  March  4,  1911  (Public  525),  page  265. 

Act  Feb.  3,  1911,  Second  Homestead  and  Desert  Entries,  page  320. 

Act  June  25,  1910,  Assignment  Desert  Entries  California,  page  446. 

Act  June  6,  1912,  Three  Year  Homestead  Law,  pages  303  to  311. 

Sessions  Laws  1908-1909. 

Railroad  Grants,  pages  647,  892. 

Enlarged  Homestead  Idaho,  page  206. 

DEPARTMENT  OF  THE  INTERIOR, 

General  Land  Office. 
Washington,  D.  C.,  September  14,  1907. 
ORDER. 

All  cases  pending  in  this  Office  will  be  acted  upon  in  the  regular 
order  except  when  the  contrary  course  is  required  by  a  proper 
regard  for  the  public  interest,  or  is  deemed  necessary  to  avoid 
extreme  hardship  in  individual  cases,  and  only  in  the  latter  event 
upon  a  showing,  by  affidavit  of  the  individual  or  qualified  officer 
of  the  corporate  entryman,  that  the  emergency  which  it  is  alleged 
requires  special  action  is  not  such  as  could  have  been  reasonably 
anticipated,  and  no  cases  will  be  made  special  except  upon  order 
of  the  Commissioner. 

All  orders  in  conflict  or  inconsistent  with  the  terms  of  this  order 
are  hereby  revoked.  Very  respectfully, 

R.  A.  Ballinger, 

Commissioner. 

RULE  OF  APPROXIMATION. 

"The  rule  is  that  where  the  difference  between  the  excess  and 
the  deficiency  that  would  be  produced  by  approximation  is  but 
slight,  the  entry  may  be  allowed  to  stand  as  made.  (Vernon  B. 
Matthews,  8  L.  D.,  79.)  Also  the  rule  of  approximation  will  not  be 
enforced  where  it  operates  to  deprive  the  entryman  of  his  im- 
provements, and  the  difference  between  the  excess  and  the  de- 
ficiency is  but  slight."  (Davis  v.  N.  Pacific,  27  L.  D.,  78.) 


75 

Dickie  v.  Kennedy,  27,  L.  D.,  p.  308 ;  176.18  acres  allowed. 

The  rule  followed  in  the  above  case  is  to  calculate  the  excess 
and  the  deficiency,  and  where  the  excess  does  not  exceed  the 
deficiency  the  rule  obtains.  It  will  also  obtain  where  the  difference 
is  slight.  It  will  obtain  in  cases  where  the  applicant  has  valuable 
improvements  of  the  land  and  a  relinquishmcnt  or  enforcement  of 
the  rule  would  operate  to  deprive  him  of  his  improvements. 

The  following  cases  demonstrate  the  application  of  the  rule : 

As  entry  was  made  before  survey,  and  valuable  improvements  placed  on 
each  subdivision,  an  exception  is  made  to  the  present  rule  enforcing  an  entry 
to  approximate  one  hundred  and  sixty  acres,  as  its  enforcement  herein  would 
work  irreparable  injury  to  the  entryman,  who  purchased  under  the  former 
practice  of  the  Department. 

Joseph  H.  McComb,  5  L.  D.,  295;  187.24  acres  allowed. 

In  view  of  the  fact  that  settlement,  with  valuable  improvements,  was  made 
long  prior  to  survey,  and  that  the  entry,  which  was  allowed,  covers  land  so 
situated  that  the  relinquishment  of  a  portion  thereof  would  be  without  value 
to  the  Government,  and  of  the  small  amount  involved,  an  exception  is  made  to 
the  rule  of  approximation. 

Alexander  Bouret,  5  L.  D.,  298;  176.50  acres  allowed. 

Initiation  of  claim  prior  to  Government  survey,  extent  of  cultivable  land 
falling  within  the  lines  of  the  claim  as  finally  surveyed,  and  valuable  improve- 
ments on  each  subdivision  considered  sufficient  reasons  for  waiving  the  require- 
ment of  approximation. 

Lafayette  Council,  5  L.  D.,  631;  185.90  acres  allowed. 

The  entry  of  a  surveyed  quarter  section  as  such  is  authorized  by  the  pre- 
emption and  homestead  laws,  and  the  limit  of  acreage  applied  only  when  entry 
is  made  of  parts  of  quarter  sections. 

William  C.  Elson,  6  L.  D.,  797;  183.70  acres  allowed. 

Where  the  difference  between  the  excess  and  the  deficiency  that  would  be 
produced  by  approximation  is  but  slight,  the  entry  may  be  allowed  to  stand 
as  made. 

Vernon  B.  Matthews,  8  L.  D.,  79;  180.27  acres  allowed. 

A  homestead  entry  for  parts  of  different  quarter  sections  should  approxi- 
mate one  hundred  and  sixty  acres,  but  exceptions  to  this  rule  are  recognized 
when  valuable  improvements  would  be  disturbed,  or  other  like  injury  follow  the 
relinquishment  of  a  subdivision. 

Frank  Aldrich,  10  L.  D.,  587;  176.70  acres  allowed. 

An  additional  entry  of  a  contiguous  subdivision  under  Section  5,  Act  of 
March  2,  1889,  is  not  defeated  by  excessive  acreage,  if  the  amount  covered  by 
both  entries  approximates  one  hundred  and  sixty  acres  as  nearly  as  may  be 
without  abandoning  the  improvements  or  destroying  the  contiguity  of  the 
tracts  entered. 

Abram  A.  Still,  13  L.  D.,  610;  182.04  acres  allowed. 

The  rule  of  approximation  will  not  be  enforced  where  it  operates  to  deprive 
the  entryman  of  his  improvements,  and  the  difference  between  the  excess  and 
the  deficiency  is  but  slight. 

Joseph  C.  Herriek,  14  L.  D.,  222;  180.45  acres  allowed. 

Dickie  v.  Kennedy,  27  L.  D.,  305;  176.18  acres  allowed. 

The  occupancy  of  a  tract  in  connection  with  settlement  and  residence  upon 
adjoining  land  operates  to  exclude  such  tract  from  indemnity  selection. 

The  rule  of  approximation  will  not  be  enforced  when  it  will  deprive  the 
the  entryman  of  his  improvements,  and  the  difference  between  the  excess  and 
the  deficiency  is  but  slight. 

Davis  v.  Northern  Pacific  B.  E.  Co.,  27  L.  D.,  78;  171  acres  allowed. 

See  also  33  L.  D.,  606;  37  L.  D.,  330. 

ALIEN. 

An  alien  is  a  foreigner,  or  one  who  owes  his  allegiance  to  some 
other  government.  Some  aliens  cannot  make  entry  of  public  lands 


76 

because  they  cannot  become  citizens  of  the  United  States.  Notably 
the  Chinese  and  Japanese. 

No  rights  can  attach  to  lands  claimed  by  aliens  before  filing  his 
declaration  to  become  a  citizen  of  the  United  States.  Settlement 
rights  cannot  be  acquired,  but  where  there  is  no  adverse  claim  after 
survey,  and  the  claimant  makes  declaration  to  become  a  citizen  his 
right  will  relate  back  to  date  of  settlement. 

Consult  title  "Homestead,"  giving  qualifications. 

Under  Sec.  2291  of  the  Revised  Statutes,  as  amended  by  the  act 
of  June  6,  1812,  the  claimant  must  bear  true  allegiance  to  the  Gov- 
ernment of  the  United  States.  Commutation  proof  cannot  be  made 
upon  a  declaration  to  become  a  citizen.  The  claimant  must  be  a  full 
citizen  when  final  proof  is  submitted. 

Where  the  wife  makes  entry,  either  as  the  deserted  wife,  feme 
sole  or  as  the  widow  of  the  husband  who  is  a  foreign  born,  evidence 
of  his  citizenship  will  need  be  shown. 

Widow  and  Minor  Children  of  Alien  Entryman,  Who  Becomes  Insane  Before 
Final  Naturalization,  May  Be  Naturalized  Without  Making  Declaration  of 
Intention. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  when  any  alien,  who  has 
declared  his  intention  to  become  a  citizen  of  the  United  States,  becomes  insane 
before  he  is  actually  naturalized,  and  his  wife  shall  thereafter  make  a  home- 
stead entry  under  the  land  laws  of  the  United  States,  she  and  their  minor 
children  may,  by  complying  with  the  other  provisions  of  the  naturalization  laws 
be  naturalized  without  making  any  declaration  of  intention.  (Public  JSTo.  413, 
Approved,  February  24,  1911.) 

[CIECULAK.] 

Instructions  Relative  to  Final  Orders  and  Certificates  of  Naturalization  Issued 
Since  March  3,  1903,  Not  in  Keeping  With  Section  39  of  the  Act  of 
That  Date. 

Department  of  the  Interior,  General  Land  Office,  Washington,  D.  C.,  August 
11,  1906.  Registers  and  Receivers,  United  States  Land  Offices.  Sirs:  Your 
attention  is  called  to  Section  39,  Act  March  3,  1903  (32  Stat.,  1222),  which 
declares  that  all  final  orders  and  certificates  of  naturalization  thereafter  issued 
or  made  by  courts  or  tribunals  granting  naturalization  shall  be  null  and  void 
if  they  do  not  show  on  their  faces  specifically  that  there  has  been  made  and 
filed  of  record  in  such  court  or  tribunal  an  affidavit  executed  by  the  applicant 
for  naturalization  reciting  and  affirming  the  truth  of  every  material  fact 
requisite  to  his  naturalization;  and  you  are  directed  to  reject  all  such  orders 
or  certificates,  or  copies  thereof,  as  have  not  been  made  in  conformity  with  th&t 
statute  when  presented  by  persons  who  claim  to  have  been  naturalized  since 
the  date  of  that  act.  Very  respectfully,  G.  F.  Pollock,  Acting  Commissioner. 
Approved  August  11,  1906,  Thos.  Ryan,  Acting  Secretary. 

AMENDMENT. 

Instructions    as    to    Amendments    Under    Section    2372,    Revised 

Statutes,  as  Amended  by  Act  of  February  24,  1909. 

Public  No.  258. 

Department  of  the  Interior, 

General  Land  Office. 
Washington,  D.  C.,  April  22,  1909. 
Registers  and  Receivers, 

United  States  Land  Offices. 

Gentlemen :  By  act  of  February  24,  1909,  section  2372,  United 
States  Revised  Statutes,  is  amended  to  read  as  follows : 


77 

Sec.  2372.  In  aJl  cases  -where  an  entry,  selection,  or  location  has  been  or 
shall  hereafter  be  made  of  a  tract  of  land  not  intended  to  be  entered,  the 
entryman,  selector,  or  locator,  or,  in  case  of  his  death,  his  legal  representatives, 
or,  when  the  claim  is  by  law  transferable,  his  or  their  transferees,  may,  in  any 
case  coming  within  the  provisions  of  this  section,  file  his  or  their  affidavit,  with 
such  additional  evidence  as  can  be  procured  showing  the  mistake  as  to  the 
numbers  of  the  tract  intended  to  be  entered  and  that  every  reasonable  precau- 
tion and  exertion  was  used  to  avoid  the  error,  with  the  register  and  receiver 
of  the  land  district  in  which  such  tflact  of  land  is  situate,  who  should  transmit 
the  evidence  submitted  to  them,  in  each  case,  together  with  their  written 
opinion  both  as  to  the  existence  of  the  mistake  and  the  credibility  of  every 
person  testifying  thereto,  to  the  Commissioner  of  the  General  Land  Office,  who, 
if  he  be  entirely  satisfied  that  the  mistake  has  been  made  and  that  every  rea- 
sonable precaution  and  exertion  has  been  made  to  avoid  it,  is  authorized  to 
change  the  entry  and  transfer  the  payment  from  the  tract  erroneously  entered 
to  that  intended  to  be  entered,  if  the  same  has  not  been  disposed  of  and  is 
subject  to  entry,  or  if  not  subject  to  entry,  then  to  any  other  tract  liable  to 
such  entry,  selection,  or  location;  but  the  oath  of  the  person  interested  shall 
in  no  case  be  deemed  sufficient,  in  the  absence  of  other  corroborating  testimony, 
to  authorize  such  change  of  entry,  nor  shall  anything  herein  contained  affect 
the  right  of  third  persons. 

The  following  rules  are  given  which  are  to  govern  in  the  con- 
sideration of  applications  to  amend  entries,  selections,  or  locations : 

1.  Applications  for  amendment  must  be  filed  in  the  local  land 
office  of  the  United  States  having  jurisdiction  over  the  land  sought 
to  be  entered,  and  should  be  substantially  in  accordance  with  the 
printed  form  herewith.     This  form  may  be  used  for  the  amendment 
of  non-mineral  entries  where  the  applicant  is  either  the  original 
entryman,  the  assignee,  or  transferee,  by  making  such  modifications 
as  the  facts  may  justify.     Each  application  must  be  verified  by  the 
oath  of  the  applicant  and  corroborating  witnesses,  and  must  describe 
the  land  erroneously  entered  as  well  as  that  desired  by  way  of 
amendment,    by   subdivision,    section,    township,    and    range ;    and 
where  the  land  originally  intended  to  be  entered  has  been  disposed 
of  the  applicant  must  describe  that  land  also  and  show  why  he  can 
not  obtain  it. 

2.  The  application  must  contain  a  full  statement  of  all  the 
facts  and  circumstances,  showing  how  the  mistake  occurred  and 
what  precautions  were  taken  prior  to  the  filing  of  the  erroneous 
entry,  selection,  or  location,  to  avoid  error  in  the  description.     The 
showing  in  this  regard  must  be  complete,  because  no  amendment 
will  be  allowed  unless  it  is  made  to  appear  that  the  proper  precau- 
tion was  taken  to  avoid  error  at  the  time  of  making  the  original 
entry,  location,  or  selection;  and  where  there  has  been  undue  delay 
in  applying  for  amendment  the  application  will  be  closely  scruti- 
nized and  will  not  be  allowed  unless  the  utmost  good  faith  is  shown 
and  the  delay  explained  to  the  entire  satisfaction  of  the  Commis- 
sioner of  the  General  Land  Office. 

3.  The   application   must   also  show  that  no  timber   or  other 
thing  of  value  has  been  taken  from  the  land  erroneously  entered, 
located,  or  selected ;  that  the  lp.nd  sought  by  way  of  amendment 
is  not  occupied  or  claimed  by  any  adverse  claimant ;  that  it  is  of  the 
character  contemplated  by  the  law  under  which  the  claim  is  pre- 
sented, and  in  cases  of  nonmineral  claims  the  kind  and  quantity 
of  timber  on  each  legal  subdivision  applied  for  must  be  stated. 

4.  "Where  the  final  certificate  has  been  issued  and  the  amend- 
ment is  sought  by  the  original  claimant,  it  must  be  shown  that  the 


78 

land  embraced  in  the  erroneous  entry,  location,  or  selection  has  not 
been  sold,  assigned,  relinquished,  or  in  any  way  encumbered,  and 
for  this  purpose  the  affidavit  of  the  applicant,  corroborated  as 
hereinafter  required,  will  be  sufficient;  but  where  final  certificate 
has  issued  or  where  amendment  is  sought  by  a  transferee,  it  must 
be  shown  by  a  certificate  from  the  proper  recording  officer  of  the 
county  in  which  the  land  is  situated,  or  by  satisfactory  abstract  of 
title,  that  the  applicant  is  the  owner  of  such  land  under  the  entry, 
locution,  or  selection,  as  the  case  may  be,  and  it  must  also  be  shown 
that  there  are  no  liens,  unpaid  taxes,  or  other  incumbrance  charged 
against  the  land.  Where  patent  has  been  issued  reconveyance  of 
the  land  embraced  in  the  patent  must  be  made  by  deed  executed 
by  the  claimant  and  also  by  his  wife,  if  he  be  married,  in  accord- 
ance with  the  laws  governing  the  execution  of  deeds  conveying  real 
estate  in  the  State  in  which  the  land  is  situated,  which  deed  must 
be  recorded  in  the  proper  county  office  and  accompanied  by  a  cer- 
tificate from  the  recording  officer,  or  a  satisfactory  abstract  showing 
the  title  to  be  clear  and  free  from  incumbrance. 

5.  The  affidavit  of  the  applicant  must  be  corroborated  by  at 
least  two  witnesses  who  have  been  well  acquainted  with  him  for  a 
sufficient  length  of  time  to  enable  them  to  testify  as  to  the  character 
and  reputation  of  the  applicant  for  truth  and  veracity.     Also,  at 
least  one  witness  must  make  affidavit,  showing  that  he  has  personal 
knowledge  of  the  facts  concerning  the  alleged  mistake,  what  oppor- 
tunity he  had  for  learning  the  facts,  and  setting  out  fully  all  per- 
tinent knowledge  he  has  relative  thereto.     The  witness  who  testifies 
as  to  the  facts  from  his  personal  knowledge  may  be  one  of  the 
witnesses  testifying  as  to  the  truth  and  veracity  of  the  applicant. 

6.  The  affidavit  of  the  applicant  must  be  executed  before  the 
register  or  receiver  of  the  land  office  where  the  application  is  made 
or  before  a  United  States  Commissioner  or  commissioner  of  the 
court  exercising  federal  jurisdiction  in  the  territory  or  before  the 
judge  or  clerk  of  any  court  of  record  in  the  county,  parish,  or  land 
district  in  which  the  lands  are  situated,  as  required  by  the  act  of 
March  4,  1904  (33  Stat.,  59).     The  corroborating  affidavits  may  be 
made  before  any  officer  authorized  to  administer  oaths  and  using  a 
seal. 

7.  When  an  application  to  amend  is  filed  in  your  office,  you  will 
make  proper  notations  on  your  records  and  forward  it  to  the  Gen- 
eral Land  Office  with  your  monthly  returns,  with  your  recommenda- 
tion \vritten  at  the  place  indicated  in  the  form,  and  thereafter  you 
will  make  no  disposition  of  the  land  applied  for  until  instructed  by 
the  General  Land  Office. 

8.  When  an  application  to  amend  is  received  in  the  General 
Land  Office,  together  with  proper  report  and  recommendation  from 
the  register  and  receiver,  it  will  be  considered,  and,  if  found  satis- 
factory, the  amendment  will  be  allowed  and  proper  correction  made 
on  the  records,  of  which  you  will  be  duly  advised,  to  the  end  that 
the  necessary  corrections  may  be  made  on  the  records  of  your  office 
and    the    applicant    properly    notified.     Where    an    application    is 
denied,  an  appeal  may  be  taken  to  the  Department. 

9.  Where  amendments  are  allowed  of  claims  upon  which  final 
proof  has  been  submitted  and  publication  or  posting  of  notice  is 
required,  republication  of  notice  applicable  to  the  class  of  entry  for 


79 

which  application  to  amend  is  made  will  be  required;  and  if  the 
land  sought  by  way  of  amendment  is  the  land  originally  intended 
to  be  entered,  the  witnesses  who  testified  when  the  final  proof  waa 
made  on  the  erroneous  entry  must  make  affidavit  showing  that  the 
land  described  in  the  application  for  amendment  is  the  same  land 
to  which  they  intended  to  refer  in  their  testimony,  formerly  given. 
If,  however,  the  same  witnesses  can  not  be  secured,  or  if  the  land 
sought  by  Avay  of  amendment  is  not  the  land  originally  intended  to 
be  entered,  new  proof  must  be  made. 

10.  The  act  in  terms  provides  for  amendment  in  all  cases  where 
an  entry,  selection,  or  location  has  been  or  shall  hereafter  be  made 
of  a  tract  of  land  not  intended  to  be  entered,  and  therefore,  per- 
haps, if  strictly  construed,  provides  for  amendment  only  in  cases 
where  there  has  been  a  mistake  in  description  or  numbers  of  the 
land  originally  intended  to  be  entered.     However,  under  the  super- 
visory authority  of  the  Secretary  of  the  Interior,  the  Department 
will  allow  amendments  of  entries  made  under  laws  which  require 
settlement,  cultivation,  or  improvement  of  the  land  entered  in  cases 
where,  through  no  fault  of  the  entryman,  the  land  is  found  to  be  so 
unsuitable  for  the  purpose  for  which  it  was  entered  as  to  make  the 
completion  of  the  entry  impracticable  if  not  impossible.     In  such 
cases  at  least  one  legal  subdivision,  approximating  40  acres  in  area, 
of  the  land  embraced  in  the  original  entry  shall  be  retained,  and 
the   tracts   included   by  way   of   amendment   must   be   contiguous 
thereto.     Furthermore,  in  such  cases  and  as  an  assurance  of  good 
faith,  the  application  to  amend  must  be  filed  within  one  year  from 
date  of  the  original  entry.    Applications  for  such  amendments  may 
be  made  under  the  rules  given  above,  and  on  the  prescribed  form  in 
so  far  as  the  same  are  applicable.     A  supplemental  affidavit  should 
also  be  furnished,  if  necessary,  to  show  the  facts. 

11.  Where    entries,    selections,    or    locations    are    improperly 
allowed  by  the  land  department,  as  where  the  lands  are  not  subject 
to    such    entries,    or    locations,   amendments   will   not    be    allowed 
because  such  claims,  being  invalid,  should  be  canceled,  and  upon 
cancellation  thereof  a   new   entry,   selection,   or   location   may  be 
allowed  as  though  the  former  had  never  been  made. 

The  circular  of  February  29,  1908  (36  L.  D.,  287),  and  all  other 
circulars  or  instructions  concerning  amendments,  incompatible 
herewith  are  hereby  revoked. 

Very  respectfully, 

Fred  Dennett, 

Commissioner. 
Approved  April  22,  1909. 
R.  A.  Ballinger, 

Secretary. 

Note:  Applications  for  lands  designated  under  the  enlarged  homestead  law 
should  contain  a  statement  as  to  the  amount  of  timber  thereou,  and  whether  or 
not  the  land  sought  is  susceptible  of  irrigation  from  any  known  source  of  water 
supply.  See  approved  form. 

Consult  title  "Second  Homestead  Entries — Equitable  Rule. " 
See  16  L.  D.,  171;  27  L.  D.,  389;  33  L.  D.,  110;  37  L.  D.,  655;  39  L.  D.,  48, 
and  40  L.  D.,  434  and  577. 

4—005 

(Form  approved  by  the  Secretary  of  the  Interior  January  18,  1912.) 


80 

DEPARTMENT  OF  THE  INTERIOR. 
APPLICATION  FOR  AMENDMENT. 

(Section  2372,  R.  S.,  amended.) 
U.  S.  Land  Office, ,  No 

T> ;•>  of  > 

(Give   post-office   address.) 

having  made ,  No 

(Kind  of  entry,   selection,   or   location.) 

for  the 

,  Section , 

Township Range , Meridian, 

Land  District,  hereby  apply  to 

amend  the  same  so  that  the  description  when  amended  will  read  as  follows: 

,  Section  , 

Township ,  Range   ,   Meridian, 

and,   being   first   duly   sworn,   upon   oath   say:     That   I   originally   intended   to 

enter  the   

(Describe   lands   applicant    intended    to    enter.) 

,  Section , 

Township ,  Range , Meridian. 

I  have  not  sold,  assigned,  transferred,  or  relinquished  the  lands  embraced  in 
my  said  former  claim,  nor  agreed  to  do  so;  nor  have  I  taken  from  said  land 
any  timber  or  other  thing  of  value. 

(Set  out  fully  below  all  of  the  facts  showing  how  the  mistake  occurred,  the 
precaution  taken  to  avoid  error,  the  grounds  upon  which  the  application  is 
based,  etc.,  as  required  by  the  regulations.) 

I  am  well  acquainted  with  the  character  of  the  land  now  applied  for  and 
with  each  and  every  legal  subdivision  thereof,  having  passed  over  each  and 
every  legal  subdivision  thereof,  and  from  my  personal  knowledge  I  swear  that 
there  is  not  to  my  knowledge  within  the  limits  thereof  any  vein  or  lode  of 
quartz  or  other  rock  in  place  bearing  gold,  silver,  cinnabar,  lead,  tin,  copper, 
or  any  deposit  of  coal;  nor  within  the  limits  of  said  lands  any  placer,  cement, 
gravel,  or  other  valuable  mineral  deposits;  nor  is  there  any  salt  spring  or 
deposits  of  salt  in  any  form  sufficient  to  render  it  chiefly  valuable  therefor; 
that  no  portion  of  said  land  is  claimed  for  mining  purposes  under  the  local 
customs  or  rules  of  miners  or  otherwise;  that  no  portion  of  said  land  is 
worked  for  mineral  during  any  part  of  the  year  by  any  person  or  persons;  that 
said  land  is  essentially  nonmineral  land;  and  that  my  application  therefor  is 
not  for  the  purpose  of  fraudulently  obtaining  title  to  mineral  land;  that  the 
land  applied  for  is  not  occupied  nor  claimed  by  any  adverse  claimant. 

The  character  of  the  land  applied  for  is  as  follows: 

(Describe  the  character  of  the  land  by  legal  subdivisions  and  state  amount  and  kind  of 
timber  on  each  subdivision,  if  any.) 


(Sign   here,   with   full    Christian   name.) 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  pun- 
ished as  provided  by  law  for  such  offense.  See  Section  125,  United  States 
Criminal  Code  (over). 

I  Hereby  Certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant 
in  my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to 
me  personally  known  (or  has  been  satisfactorily  identified  before  me  by 

(Give  full  name  and  postoffice  address.) 

that  I  verily  believe  affiant  to  be  a  qualified  applicant  and  the  identical  per- 
son hereinbefore   described;   and   that   said  affidavit  was  duly   subscribed   and 

sworn  to  before  me,  at  my  office,  in  

(Town.) 

,  within  the 

(County  and  State.) 

Land  District,  this 

day  of ,19.... 


(Official  designation  of  officer.) 


81 

CORROBORATING  AFFIDAVITS. 

Affidavit  of  Witness  as  to  Facts. 

I,  ,  whose  post-office  address 

(Give  full  Christian  name.) 

is ,  being years  of  age,  and 

(Insert  address.) 

by  occupation  a   ,  do  solemnly  swear  that  the  facts 

within  my  personal  knowledge  relative  to  the  mistake  of 

in  filing  upon  the  

,   Section    , 

Township ,  Range , Meridian, 

Land  l>istrict,  the  precaution  taken 

to  avoid  said  error,  and  the  grounds  on  which  application  for  amendment  is 
filed,  are  as  follows: 

My  knowledge  of  the  foregoing  facts  was  acquired  as  follows: 


(Sign  he-re  with  full  Christian  name.) 

I  Hereby  Certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant 
in  my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to 
me  personally  known  (or  has  been  satisfactorily  identified  before  me  by 

),  and  I  verily  believe  affiant  to  be 

a    credible    witness    and    the    identical    person    hereinbefore    described,    and 
that  said  affidavit  was  duly  subscribed  and  sworn  to  before  me,  at  my  office, 

in    ,    County,  State 

(Town.) 

of  ,  within  the  

Land  District,  this day  of ,  19 .... 


(Official  designation  of  officer.) 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  pun- 
ished as  provided  by  law  for  such  offense.  See  Section  125,  United  States 
Criminal  Code  (over). 

Affidavit  of  Witnesses  as  to  Character  and  Reputation  of  Applicant. 

We,  ,  of  

(Give  full  post-office  address.) 

(Give  full  Christian  name.) 

years  of  age,  and  by  occupation , 

(Give   full   Christian   name.) 
and  ,  of   

(Give  full  post-office  address.) 

years  of  age,  and  by  occupation , 

do   solemnly  swear   that   we   have   been   well   acquainted    with    the   applicant 

for years  and years,  respectively;  that  we  have  read 

tin-   statements  made  by  him  in  his  said  application;   that   he  is   a  person  of 
truth  and  veracity,  and  that  we  believe  said  statements  to  be  true. 


(Sign  here,  with  full  Christian  name.) 

(Sign  here,  with  full  Christian  name.) 

I  Hereby  Certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant 
in  my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to 
me  personally  known  (or  has  been  satisfactorily  identified  before  me  by 

" ) ,  and  I   verily  believe  affiant  to 

be   a   credible   witness   and    the   identical   person    hereinbefore   described,    and 
that  said  affidavit  was  duly  subscribed  and  sworn  to  before  me,  at  my  office, 

in    ,    County,  State 

(Town.) 

of   ,  within  the  

Land  District,  this day  of  ,  19 


(Official  designation  of  officer.) 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  pun- 
ished as  provided  by  law  for  such  offense.  See  Section  125,  United  States 
Criminal  Code  (over). 


82 
United  States  Land  Office  at. 


,19.... 

We  Hereby  Certify  that  the  foregoing  application  is  for  surveyed  land 
and  that  there  is  no  prior  valid  adverse  right  to  the  same.  We  recommend 
that  the  application  be 

(If  rejection  is  recommended,  set  out  reasons  therefor.) 


Register. 
Receiver. 

UNITED  STATES  CRIMINAL  CODE. 

Sec.  125.  Whoever,  having  taken  an  oath  before  a  competent  tribunal, 
officer,  or  person,  in  any  case  in  which  a  law  of  the  United  States  authorizes 
an  oath  to  be  administered,  that  he  will  testify,  declare,  depose,  or  certify  truly, 
,or  that  any  written  testimony,  declaration,  deposition,  or  certificate  by  him 
subscribed,  is  true,  shall  willfully  and  contrary  to  such  oath,  state  or  subscribe 
any  material  matter  which  he  does  not  believe  to  be  true,  is  guilty  of  perjury, 
and  shall  be  fined  not  more  than  two  thousand  dollars  and  imprisoned  not 
more  than  five  years. 

APPLICATIONS. 

Priority. 

Simultaneous. 

See  Table  of  Circulars,  Instructions  and  Kegulations. 

The  public  lands  of  the  United  States  are  subject  to  disposition 
under  general  and  special  Acts  of  Congress.  The  laws  of  general 
application  are  the  homestead,  desert,  timber  and  stone  and  isolated 
tracts.  These  laws  are  treated  elsewhere  in  this  work.  The  pur- 
pose of  this  chapter  is  to  present  the  question  of  priority  and 
validity  of  applications. 

The  prospective  settler  or  entryman  under  any  of  the  public 
land  laws,  and  particularly  the  agricultural  public  land  laws, 
should  determine  the  location  of  the  land  he  wishes  to  acquire.  A 
personal  inspection  is  essential  in  order  that  he  may  be  able  to  make 
the  non-mineral  affidavit  required  and  to  give  a  proper  description 
of  the  land  by  legal  subdivision.  Applications  for  public  lands 
must  be  made  upon  forms  prescribed  by  the  department.  Applica- 
tions should  be  made  before  an  officer  qualified  to  administer  oaths 
in  such  cases  within  the  district.  It  is  true  that  in  some  instances 
the  officer  before  whom  application  and  papers  involving  public 
lands  may  be  acknowledged  varies  according  to  the  character  of 
the  application.  As  a  general  thing  applications  for  lands  are 
made  before  either  the  Register  or  Receiver  of  the  Land  Office, 
Judge  or  a  Clerk  of  a  court  of  record,  or  a  United  States  Commis- 
sioner of  the  District  within  which  the  land  is  situated. 

When  the  application  is  not  made  before  the  Register  and  Re- 
ceiver because  of  time,  distance  and  expense  necessary  to  do  so, 
the  application  may  be  made  before  the  nearest  and  most  accessible 
qualified  officer,  as  may  be  provided  by  Department  regulations 
covering  the  character  of  the  application  involved. 

The  land  must  be  subject  to  entry  under  the  application  pre- 
sented. For  example,  lands  applied  for  under  the  desert  law  must 
be  desert  in  character  within  the  meaning  of  the  Act  concerning 
the  disposition  thereof  and  the  regulations  of  the  Department  there- 
under, and  this  is  true  of  lands  applied  for  under  any  other  law  or 
Act  of  Congress. 


83 

PRIORITY. 

1.  "Applications  presented  at  the  land  office  in  person  have  a  preference 
over  those  reaching  the  office  through  the  mail. 

2.  "When   two  applications   are   presented   at  the   same   time,   either  in 
person  or  by  mail,  they  are  considered  simultaneous. 

"Applications  must  be  presented  during  office  hours.  Land  offices  are 
open  for  public  business  from  9  a.  m.  until  4:30  p.  in.  No  original  business, 
however,  will  be  accepted  after  4  o'clock  p.  m. " 

3.  ' '  Proper  sums  of  money  required  by  law  to  be  paid  at  time  of  filing 
must    accompany   the   application.      Applications    cannot    be    presented   at    the 
land  office  to  be  filed  at  some  subsequent  date.     The  land  office  will  not  hold 
land  unless  there  is  a  legal  application  presented  therefor." 

4.  "Applications  to  enter  tendered   in  person,  or  sent  through  the  mail, 
should   be   acted   upon   in   the   actual   order   of   arrival    or   presentation   in   the 
local  office;  and  the  refusal  of  said  office  to  observe  such  order  of  precedence 
will  not  defeat  the  right  of  an  applicant  to  have  his  application  subsequently 
treated  as  though  acted  upon  in  its  proper  order." 

"The  fact  that  the  office  cannot  act  upon  the  application  on  account  of 
pressure  of  business  will  not  alter  the  above  rule." 

Lewis  v.  Morse,  27  L.  D.  113. 

Mary  v.  Pierce,  28  L.  D.  48. 

.1.  ' '  Where  a  relinquishment  was  received  by  mail  but  the  letter  pre- 
senting it  was  not  opened  by  the  local  office  for  some  time  afterwards,  the 
relinquishment  is  to  be  regarded  as  filed  at  the  moment  of  the  receipt  of 
the  letter  containing  it." 

Win.  C.  Young,  2  L.  D.  326. 

SIMULTANEOUS  APPLICATION. 

REGULATIONS   OF   THE   DEPARTMENT. 

The  regulations  of  the  Department  concerning  simultaneous 
applications  are  as  follows : 

"In  the  case  of  simultaneous  application  to  enter  the  same  tract 
of  land  under  homestead  laws,  the  rule  is  as  follows : 

1.  Where  another  party  has  improvements  on  the  land,  the 
right  of  entry  should  be  awarded  to  the  highest  bidder; 

2.  Where  one  has  actual  settlement  and  improvements  and  the 
other  has  not,  it  should  be  awarded  to  the  actual  settler ; 

3.  Where  both  allege  settlement  and  improvements,  an  investi- 
gation must  be  had  and  the  right  of  entry  awarded  to  the  one  who 
shows  prior  settlement  and  substantial  improvements  so  as  to  be  a 
notice  on  the  ground  of  any  competitor." 

(See  Report  of  General  Land  Office  for  1866,  page  19.     Also 
case  of  Helfrich  vs.  King,  3  Copp's  L.  O.,  page  164.) 
General  Land  Office  Circular,  January  25,  1904. 

SETTLEMENT  BEFORE  SURVEY. 

Section  3  of  the  Act  of  May  14,  1880—21  Statutes,  140— makes 
provision  for  protection  of  settlement  rights  upon  lands  prior  to 
survey.  For  this  sec  Title  of  Relinquishments,  page  — . 

Settlement  rights  upon  lands  prior  to  survey  should  be  asserted 
within  three  months  after  the  filing  of  plat  of  survey  in  the  local 
land  office. 

See  Section  2265,  Revised  Statutes. 

See  Section  2274,  Revised  Statutes. 

The  Department  recognizes  the  right  of  the  heirs  of  the  deceased 
entryman. 

Whore  two  persons  settle  upon  a  piece  of  land  prior  to  survey, 
at  the  same  time,  the  Department  has  provided  three  methods  by 


84 

which  the  tract  of  land  claimed  by  two  settlers  may  be  acquired. 
One  is  by  the  joint  entry  and  another  is  to  divide  the  land  so  as  to 
award  to  each  that  portion  to  which  he  may  be  entitled.  While 
the  third  is  to  award  the  land  to  the  highest  bidder.  It  frequently 
happens  that  two  settlers  claim  a  portion  of  a  given  forty  acre  tract 
and  the  rights  of  each  may  be  determined  by  the  fence  which 
divides  the  respective  claims  of  the  parties,  or  by  other  means  which 
determine  that  portion  of  the  forty  acres  to  which  each  may  be 
entitled. 

Under  such  circumstances  an  entry  man  has  been  allowed  to 
make  entry  on  a  forty-acre  tract  upon  filing  a  written  agreement 
at  the  local  Land  Office  to  convey  the  portion  thereof  awarded  to 
the  second  claimant  after  patent  has  been  issued. 

Consult  on  this  subject  the  following  cases: 

Stone  vs.  Banegas  &  Holleran,  2  L.  D.  104;  Miller  vs.  Stever,  2  L.  D.  150; 
Doyle  vs.  Dion,  4  L.  D.  27;  Benart  vs.  Nicholas,  4  L.  D.  519;  McKinnon  vs. 
Anderson,  27  L.  D.  154,  and  other  cases  cited. 

Under  Sec.  2274  of  the  Eevised  Statutes,  page  — ,  consult  also  the  follow- 
ing cases:  OToole  vs.  Spicer,  20  L.  D.  392,  and  Hopkins  vs.  Wagner,  21  L.  D. 
485;  Cain  vs.  Carrier,  36  L.  D.  356. 

The  right  of  possession  of  unsurveyed  land  prior  to  survey  as 
between  two  claimants,  in  which  the  Government  is  not  a  party, 
may  be  determined  in  the  courts  of  the  State  in  which  the  land  is 
located,  and  the  courts  have  jurisdiction  under  what  is  known  as 
"forcible  entry  and  detainer"  or  "unlawful  detainer."  Actions 
under  the  procedure  of  the  State  courts  concerning  forcible  entry 
and  detainer  should  not  be  confused  with  actions  to  determine 
adverse  claims  to  mineral  lands. 

The  matters  that  determine  settlement  is  the  good  faith  of  the 
settler,  the  character  of  the  settlement  and  the  physical  develop- 
ment of  the  land,  together  with  his  residence  and  occupancy  thereof. 
The  acts  of  the  settler  must  be  of  such  a  nature  as  tends  to  reduce 
the  land  to  his  possession  and  the  exercise  of  ownership  over  it. 

Consult  the  following  cases: 
Buchanan  vs.  Munton,  2  L.  D.  186. 
Slate  vs.  Door,  2  L.  D.  635. 
McLean  vs.  Foster,  2  L.  D.  175. 
Boyer  vs.  Burnell,  2  L.  D.  521. 
Franklin  vs.  March,  10  L.  D.  582. 
Powers  vs.  Ady,  11  L.  D1.  175. 
Burnett  vs.  Crow,  5  L.  D.  372. 
Howden  Piper  Case,  3  L.  D.  162  and  294. 

Under  the  rule  announced  in  Allen  vs.  Price,  regulating  the 
disposition  of  lands  subject  to  the  Contestant's  Preferred  right  of 
entry,  an  application  tendered  by  a  stranger  to  the  record  during 
the  period  accorded  to  the  contestant  for  the  exercise  of  his  right  to 
hold  in  abeyance  under  said  rule,  will  take  effect  on  the  land  cov- 
ered thereby  not  taken  by  the  contestant  to  the  exclusion  of  a 
subsequent  application  of  another  therefor. 

For  provisions  and  right  of  entry  see  Contest : 

State  of  California  vs.  Reeves,  22  L.  D.  203. 

Mayers  vs.  Dyer,  21  L.  D.  187. 

Application  to  enter  and  file  subject  to  contestant's  preferred 
right  of  entry  take  precedence  in  the  order  of  filing  if  the  contestant 
fails  to  exercise  his  privilege. 


85 

Residence  on  public  land  with  no  intention  to  acquire  title 
thereto  under  the  settlement  laws,  accords  no  right  against  subse- 
quent entry  and  settlement. 

Gaylor  vs.  Handle,  18  L.  D.  187. 

As  to  when  the  rights  of  applicants  attach  to  lands,  see  case  of 
Powell  vs.  Puff,  24  L.  D.  181. 

Stewart  vs.  Peterson,  28  L.  D.  515. 

Also  table  of  circulars,  regulations  and  instructions. 

Applications  to  enter  tendered  in  person  or  sent  through  the 
mail  should  be  acted  upon  in  the  actual  order  or  arrival  and  presen- 
tation at  the  Local  Office;  and  the  refusal  of  said  office  to  observe 
such  order  of  precedence  will  not  defeat  the  right  of  the  applicant 
to  have  his  application  subsequently  considered  as  though  acted 
upon  in  its  proper  order. 

Lewis  vs.  Morris,  27  L.  D.  113. 

See  39  L.  D.  409. 

One  asserting  prior  settlement  as  against  the  application  of 
another,  suspended  because  of  the  closing  of  the  local  office,  must, 
in  order  to  maintain  his  alleged  claim,  continue  residence  upon  the 
land  pending  the  determination  of  the  question  of  superior  right. 

Pounder  vs.  Allen,  39  L.  D.  348. 

"\Vhere  a  tract  of  unsurveyed  land  within  the  primary  limits  of 
a  railroad  grant  was  at  the  date  of  definite  location  of  the  road  in 
good  faith  occupied  by  a  qualified  homestead  settler  and  by  fences 
and  connected  and  continuous  occupancy  or  right  passed  from  one 
settler  to  another  down  to  date  of  filing  for  township  plat  of  survey, 
the  rights  of  the  settler  are  superior  to  the  claim  of  the  company 
under  its  grant. 

Curry  vs.  Central  Pacific  R.  R.  Co.,  39  L.  D.  5. 

Circular  of  November  3,  1909,  concerning  application  and  selec- 
tions for  filing  and  location  on  unsurveyed  lands  provides  as 
follows : 

APPLICATIONS  AND  SELECTIONS  FOE  AND  FILINGS  AND  LOCATIONS 
UPON  UNSURVEYED  LANDS. 

[Circular.] 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  November'  3,  1909. 
Registers  and  Receivers,  United  States  Land  Offices. 

Gentlemen:  To  remedy  the  confusion  and  uncertainty  arising  from  appli- 
cations and  selections  for  and  filings  and  locations  upon  unsurveyed  public 
lands,  you  will  hereafter  reject  any  such  application,  selection,  filing,  or  loca- 
tion, under  whatsoever  law  permitted,  unless  it  conforms  to  the  following 
rules: 

1.  It  must  contain  a  description  of  the  land  by  metes  and  bounds,  with 
courses,  distances,  and  reference  to  monuments  by  which  the  location  of  the 
tract  on  the  ground  can  be  readily  and  accurately  ascertained.  The  monu- 
ments may  be  of  iron  or  stone,  or  of  substantial  posts  well  planted  in  the 
ground,  or  of  trees  or  natural  objects  of  a  permanent  nature,  and  all  monu- 
ments shall  be  surrounded  with  mounds  of  stone,  or  earth  when  stones  are  not 
accessible,  and  must  be  plainly  marked  to  indicate  with  certainty  the  claim  to 
the  tract  located.  The  land  must  be  taken  in  rectangular  form,  if  practicable, 
and  the  lines  thereof  follow  the  cardinal  points  of  the  compass  unless  one 
or  more  of  the  boundaries  be  a  stream  or  other  fixed  object.  In  the  latter 
event  only  the  approximate  course  and  distance  along  such  stream  or  object 
need  be  given,  but  the  other  boundaries  must  be  definitely  stated;  and  Ihe 
designation  of  narrow  strips  of  land  along  streams,  water  courses,  or  other 
natural  objects  will  not  be  permitted. 


86 

2.  The   approximate   description   of  the   land,  by  section,   township,   and 
range,  as  it  will  appear  when  surveyed  must  be  furnished;  or,  if  this  can  not 
be  done,  an  affidavit  must  be  filed  setting  forth  a  valid  reason  therefor. 

3.  The  address  of  the  claimant  must  be  given,  and  it  shall  be  the  duty 
of  the   register   and   receiver,  upon   the   filing   of   the   township   plat   in   their 
office,  to   notify  him   thereof,   by  registered   letter,   at   such   address,    and   to 
require  the  adjustment  of  the  claim  to  the  public  survey  within  thirty  days. 
In    default   of   action    by    the   party   notified    the   register   and    receiver   will 
promptly  adjust  the  claim  and  report  their  action  to  the  General  Land  Office. 

4.  Notice  of  the  application,  selection,  filing,  or  location,  describing  the 
land  as  directed  in  Eule  1,  must  be  posted  in  a  conspicuous  place  upon  the 
land,  and  a  copy  of  such  notice  and  proof  of  posting  therefor  filed  with  the 
application,  selection,  filing,  or  location,  as  the  case  may  be. 

5.  Wherever,  under  existing  regulations,  notice  of  such  application,  selec- 
tion, filing,  or  location  is  required  to  be  posted  elsewhere  than  upon  the  land 
and  published  in  a  newspaper,  the  description  of  the  tract  in  the  posted  and 
published  notice  must  conform  to  the  requirements  of  Eule  1. 

Very  respectfully,  FRED  DENNETT, 

Approved:  Commissioner. 

K.  A.  BALLINGER,  Secretary. 

SETTLEMENT  ON  SCHOOL  LAND. 

A  claimant  making  settlement  on  unsurveyed  land  prior  to  sur- 
vey in  the  field,  which  proves  to  be  school  land  after  the  survey  has 
been  accepted,  has  a  superior  right  to  that  of  the  State.  There  are 
many  decisions  of  the  Department  sustaining  such  settlements. 

ISLANDS. 

Islands  may  be  surveyed  upon  application  to  the  Surveyor  Gen- 
eral of  the  Public  Land  State  in  which  such  island  may  be  located. 

Forms  and  instructions  concerning  such  matters  should  be 
obtained  from  such  Surveyor  Generals. 

See  32  L.  D.  474. 

ASSIGNMENTS. 

In  the  instructions  of  October  11,  1911,  to  the  Register  and 
Receiver  of  the  United  States  Land  Office  at  Belle  Fourche,  South 
Dakota,  in  reference  to  transfer  made  by  purchasers  of  lots  on  time 
payments,  the  Secretary  said:  *  *  *  "The  Department  will  not 
recognize  any  one  but  the  original  purchaser,  and  will  issue  all 
papers  necessary  to  the  completion  of  title  and  also  the  patent  in 
his  name." 

Under  date  of  October  28,  1911,  the  Commissioner  of  the  Gen- 
eral Land  Office  issued  instructions  upon  the  above  regulation  as 
follows:  "This  decision  is  applicable  to  lots  in  all  townsites  where 
they  may  be  purchased  and  paid  for  in  installments,  and  you  will 
be  governed  thereby  in  all  such  cases." 

Passing  upon  this  matter  January  11,  1912,  the  Commissioner  of 
the  General  Land  Office  said : 

"A  patent  issued  in  the  name  of  the  original  purchaser  will 
inure  to  the  benefit  of  his  transferee,  whoever  he  may  be,  which 
will  fully  protect  all  parties  claiming  under  the  purchase,  and  the 
Government  by  such  course  will  be  relieved  from  all  unnecessary 
responsibility  of  ascertaining  in  each  instance  in  whom  the  right  to 
a  patent  is  vested  and  to  issue  the  patent  accordingly." 

Speaking  of  townsite  lots,  in  his  instructions  of  November  29, 
1911,  the  Secretary  said:  *  *  *  "A  purchaser  of  lots  in  said 
townsites  acquires  a  property  right  that  he  may,  prior  to  the  com- 


87 

pletion  of  his  right  to  patent,  transfer  by  deed,  and  such  transferee 
may  perform  all  the  acts  necessary  to  the  completion  of  title." 

The  above  instructions  apply  in  all  cases  of  lands  sold,  either 
on  a  cash  or  installment  basis.  The  same  applies  to  transfers  of 
Crow,  Rosebud,  Uintah  and  other  Indian  lands  which  have  been 
sold  under  proclamation  of  the  President,  or  under  instructions  of 
the  Department. 

In  cases  where  purchases  were  made  for  the  benefit  of  minors, 
the  right  to  transfer  the  same  will  depend  upon  the  law  of  the  State 
in  which  such  lands  may  be  situated. 

Payments  may  be  made  by  the  assignee,  in  which  event  a  nota- 
tion showing  the  name  of  the  original  purchaser  and  by  whom  the 
remittance  is  made  will  appear  upon  the  receipt. 

For  Assignments  Coal  Lands  see  page  187. 

For  Assignments  Desert  Entries  see  page  274. 

For  Assignments  Water  Rights  Reclamation  Protests  see  p.  486. 

For  Relinquishment  all  classes  of  entries  see  pp.  345,  349. 

See,  also,  Desert  Lands  and  Relinquishments ;  Indian  Lands; 
Town  Lots. 

CIRCULAR  RELATIVE  TO  ASSIGNMENT  OF  HOMESTEAD  ENTRIES 
WITHIN  RECLAMATION  PROJECTS,  AMENDING  CIRCULAR  OF 
SEPTEMBER  13,  1910. 

Department  of  the  Interior, 
Washington,  December  17,  1910. 
Registers  and  Receivers, 

United  States  Land  Offices. 
Project  Engineers, 

United  States  Reclamation  Service. 

Sirs:  The  circular  entitled  "Instructions  under  Reclamation 
Acts  of  June  11,  23,  and  25,  1910,  relative  to  entry,  assignment, 
leave  of  absence,  etc.,  approved  September  13,  1910,  is  hereby 
amended  by  substituting  for  that  portion  of  the  circular  relating 
to  the  Act  of  June  23,  1910,  supra,  the  following: 

"The  Act  approved  June  23,  1910,  entitled  'An  Act  providing 
that  entrymen  for  homesteads  within  reclamation  projects  may 
assign  their  entries  upon  satisfactory  proof  of  residence,  improve- 
ment, and  cultivation  for  five  years  the  same  as  though  said  entry 
had  been  made  under  the  original  Homestead  Act'  (Public,  No. 
243),  reads  as  follows: 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  from  and  after  the  filing  with 
the  Commissioner  of  the  General  Land  Office  of  satisfactory  proof  of  residence, 
improvement,  and  cultivation  for  the  five  years  required  by  law,  persons  who 
have  or  shall  make  homestead  entries  within  reclamation  projects  under  the 
provisions  of  the  act  of  June  seventeenth,  nineteen  hundred  and  two,  may 
assign  such  entries,  or  any  part  thereof,  to  other  persons,  and  such  assignees, 
upon  submitting  proof  of  the  reclamation  of  the  lands  and  upon  payment  of 
the  charges  apportioned  against  the  same  as  provided  in  the  said  act  of  June 
seventeenth,  nineteen  hundred  and  two,  may  receive  from  the  United  States 
a  patent  for  the  lands:  Provided,  That  all  assignments  made  under  the  pro- 
visions of  this  act  shall  be  subject  to  the  limitations,  -charges,  terms,  and  con- 
ditions of  the  reclamation  act. 

"Under  the  provisions  of  this  Act  persons  who  have  made  or 
may  make  homestead  entries  subject  to  the  Reclamation  Act  may 
assign  their  entries  in  their  entirety  at  any  time  after  filing  in  this 


88 

office  satisfactory  proof  of  residence,  improvements,  and  cultivation 
for  the  five  years  required  by  the  ordinary  provisions  of  the  home- 
stead law.  The  Act  also  provides  for  the  assignment  of  homestead 
entries  in  part,  but  such  assignments,  if  made  prior  to  the  estab- 
lishment of  farm  units,  must  be  made  in  strict  accordance  with  the 
legal  subdivisions  of  the  public  survey,  and  if  made  after  such  units 
are  established  must  conform  thereto,  except  as  hereinafter 
provided. 

''In  cases  where  the  entry  involves  two  or  more  farm  units,  the 
entryinan  may  file  an  election  as  to  which  farm  unit  he  will  retain, 
and  he  may  assign  and  transfer  to  a  qualified  assignee  any  farm 
unit  or  farm  units  entirely  embraced  within  the  original  entry.  If 
an  election  by  the  entryinan  to  conform  to  a  farm  unit  be  filed  and 
no  assignment  made  of  the  remainder  of  the  entry,  the  entry  will 
be  conformed  to  the  farm  unit  selected  for  retention  and  canceled 
as  to  the  remainder.  Assignments  of  parts  of  established  farm 
units  will  be  allowed  only  after  report  by  the  project  engineer  to 
the  Department  that  the  farm  unit  as  proposed  to  be  divided  or  as 
capable  of  adjustment  in  connection  with  surrounding  lands  will 
make  two  or  more  units  each  capable  of  supporting  a  family,  the 
report  to  be  accompanied  with  plats  describing  the  amended  farm 
units.  Such  plats  will  be  submitted  by  the  Director  of  the  Kecla- 
mation  Service  to  the  Secretary  of  the  Interior  for  approval,  and, 
when  approved  by  him,  will  be  forwarded  to  the  Commissioner  of 
the  General  Land  Office  for  transmission  to  the  local  land  office 
with  appropriate  instructions ;  the  assignment  of  the  lands  embraced 
within  one  of  the  farm  units  so  established  to  be  allowed  only  after 
a  proper  showing  of  the  qualifications  of  the  assignee,  the  filing  of 
water-right  application  by  him,  and  the  payment  of  any  amounts 
due  upon  the  lands  covered  by  the  assignment  under  the  terms  of 
the  public  notices  issued  in  connection  with  the  project  in  which 
the  lands  are  situated. 

"If  a  survey  shall  be  found  necessary  to  determine  the  boun- 
daries of  the  subdivision  of  any  such  farm  unit,  or  the  division  of 
the  irrigable  area,  a  deposit  equal  to  the  estimated  cost  of  such 
survey  must  be  made  with  the  special  fiscal  agent,  Reclamation 
Service,  on  the  project,  by  or  on  behalf  of  the  parties  concerned. 
Any  excess  over  the  actual  cost  will  be  returned  to  the  depositor 
or  depositors  after  the  completion  of  the  survey. 

"No  assignment  of  a  portion  of  any  farm  unit  will  be  recognized 
by  the  Department  as  modifying  any  approved  water-right  appli- 
cation, or  releasing  any  part  of  the  farm  unit  as  originally  estab- 
lished from  any  portion  of  the  charges  announced  against  it  until 
after  the  approval  of  the  amended  farm  unit  by  the  Secretary  of 
the  Interior,  the  filing  of  evidence  of  the  qualifications  of  the 
assignee,  the  receipt  of  a  proper  water-right  application,  and  of  the 
payments  due  upon  the  land  included  in  the  assignment. 

"Assignments  under  this  Act  must  be  made  expressly  subject  to 
the  limitations,  charges,  terms,  and  conditions  of  the  reclamation 
Act,  and,  inasmuch  as  that  Act  limits  the  right  of  entry  to  one 
farm  unit,  the  assignee  must  present  a  showing  in  the  form  of  an 
affidavit,  duly  corroborated,  that  he  has  not  acquired  title  to  and  is 
not  claiming  any  other  farm  unit  or  entry  under  the  reclamation 
Act. 


39 

"Assignments  made  and  filed  in  your  office  in  accordance  with 
these  regulations  must  be  noted  on  your  records  and  forwarded  to 
the  General  Land  Office  for  consideration,  and,  if  approved,  the 
assignees  in  each  case  will  be  required  to  make  payment  of  the 
\'  at<T-right  charges  and  submit  proof  of  reclamation  as  would  the 
original  entryman  and,  after  proof  of  full  compliance  with  the  law, 
may  receive  a  patent  for  the  land." 

Very  respectfully, 

Fred  Dennett, 

Commissioner. 
Approved. 

R.  A.  Ballinger, 

Secretary  of  the  Interior. 
December  17,  1910. 

FOEM  OF  ASSIGNMENT  DESEET  ENTEY. 

Know  All  Men  by  These  Presents:    That  I, ,  of , 

for  and  in  consideration  of  the  sum  of  Dollars,  in  lawful  money 

of  the  United   States  of  America,  to  me  in  hand  paid   by    ,  of 

,  the  receipt  whereof  is  hereby  acknowledged,  do  by  these  presents 

sell,  assign,  transfer  and  set  over  unto  the  said    all  my  right,  title, 

and  interest  now  acquire,  or  which  I  may  hereafter  in  the  perfection  of 
the  title  all  those  certain  lands  now  held  and  embraced  in  my  desert  land 

entry  serial  No ,  made at  the  United  States  District  Land 

Office  at    ,  State  of   ,  on  the    day  of   , 

,  for  the  following  described  lands,  to-wit:    (Here  describe  lands.) 

Together  with  all  and  singular  the  tenements,  hereditaments  and  appur- 
tenances thereunto  belonging  or  in  anywise  appertaining,  and  the  reversion 
and  reversions,  remainder  and  remainders,  rents,  issues  and  profits  thereof; 
and  also  possession,  claim  and  demand  whatsoever,  as  well  in  law  and  in 
equity  and  to  every  part  and  parcel  thereof. 

To  have  and  to  hold  the  same  unto  the  said ,  his  heirs,  execu- 
tors, administrators  and  assigns,  subject  nevertheless  to  the  covenants,  con- 
ditions and  payments  required  to  me  made  under  the  laws  of  the  United 
States,  and  Departmental  Eegulations  thereunder  concerning  Desert  Land 
entries  and  final  proofs  thereunder,  all  of  which  the  assignee  submits  and 
agrees  to,  and  with  such  full  understanding  accepts  this  assignment. 

And  I  hereby  fully  authorize  and  empower  the  said   to 

receive  patent  to  said  land  upon  the  full  and  complete  compliance  with  the 
law  and  regulations  aforesaid,  in  the  same  manner,  to  all  intents  and  purposes 
as  I  myself  might  or  could  do,  were  these  presents  not  executed. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this    

day  of ,  

(Seal.) 

Signed,  sealed  and  delivered  in  the  presence  of — 


Witnesses. 
State  of County  of ,  ss. 

On  this day  of ,  A.  D ,  before  me,  

(state  name  of  office  taking  acknowledgment)    in   and   for   County   and   State 

aforesaid,   personally  appeared    ,  known   to  me   to   be   the   person 

whose  name  is  subscribed  to  the  within  instrument,  and  acknowledged  to 
me  that  he  executed  the  same  freely  and  voluntarily,  for  the  purposes  therein 
named. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal  the  day  and  year  in  this  certificate  first  above  written. 


EXECUTION.     JUDGMENT. 

Homestead  Lands  Not  Subject  to  for  Satisfaction  of  Debts  Con- 
tracted Prior  to  Patent. 
Section  2296  of  the  Revised  Statutes  provides: 


90 

"See.  2296.  No  lands  acquired  under  the  provisions  of  this 
chapter  shall  in  any  event  become  liable  to  the  satisfaction  of  any 
debt  contracted  prior  to  the  issuing  of  patent  therefor." 

See  decisions  cited  under  this  section  in  table  of  revised  statutes 
cited  and  construed. 

See  mortgages. 

See  alienation. 

CANALS,  DITCHES,  AND  RESERVOIRS. 

1.  General  statement. 

2.  Material  on  adjacent  lands. 

3.  Control  of  water. 

4.  Nature  of  grant. 

5.  Eight  of  way  through  national  forests. 

6.  Right  of  way  through  proposed  national  forest. 

7.  Eight  of  way  partly  on  unsurveyed  land. 

8.  Application  by  corporation. 

9.  Application  by  individuals. 

10.  Field  notes. 

11.  Maps. 

12.  Initial  and  terminal  points. 

13.  Connections  on  unsurveyed  land. 

14.  Connections  with  monuments  on  unsurveyed  land. 

15.  Forms  for  canal,  etc.,  on  unsurveyed  land. 

16.  Forms  for  reservoir  on  unsurveyed  land. 

17.  Eight  of  way  wholly  on  unsurveyed  land. 

18.  Connections  with  public  survey  corners. 

19.  Witness  monuments  for  destroyed  public  survey  corners. 

20.  Method  of  establishing  witness  monuments. 

21.  Affidavit  and  certificate  required. 

22.  Notations  on  maps  and  records. 

23.  Evidence  of  construction. 

24.  Eight  of  way  on  segregated  reservoir  sites. 

25.  Eequirements  (oil  pipe  lines  in  Colorado  and  Wyoming). 

26.  General  provisions.     (Eeservoirs  for  watering  stock). 

27.  No  lands  sold. 

28.  Declaratory  statement. 

29.  Application  by  corporation. 

30.  Action  by  the  Land  Department  on  declaratory  statements,  and  size, 

location  and  number  of  reservoir  sites. 

31.  Construction. 

32.  Map  and  field  notes  of  constructed  reservoir. 

33.  Notations  by  local  land  officers. 

34.  Approval. 

35.  Annual  proof  of  maintenance. 

36.  Beservoir  on  unsurveyed  land. 

37.  General  statement.     (Telegraph  and  telephone  lines,  electrical  plants, 

canals,  and  reservoirs.) 

38.  Nature  of  grant. 

39.  Application  for  right  of  way  through  national  forests. 

40.  Applications  for  right  of  way  through  land  outside  of  national  forests. 

41.  Buildings   to  be   platted  on  map   in   main    drawing   and   in   separate 

drawing. 

42.  TJnsurveyed  lands. 

43.  National  parks. 

44.  Indian  reservations. 

45.  Notations  and  procedure. 

46.  Eights  of  way  for  tramroads.     (Tramroads.) 

47.  General  statement.     (Eight  of  way  through  national  forests  for  dams, 

reservoirs,  water  plants,  ditches,  flumes,  pipes,  tunnels,  and  canals 
for  municipal  or  mining  purposes.) 

48.  Nature  of  grant. 

49.  Preparation  of  applications. 

50.  Water-plant  structures. 

51.  Stipulation  and  bond. 


91 

52.  Notation  by  register. 

53.  Right  of  way  through  unsurveyed  land. 

54.  Circular  108.     Addenda. 

REGULATIONS  FOR  RIGHTS  OF  WAY  OVER  PUBLIC  LANDS 

AND  RESERVATIONS. 
CANALS,  DITCHES,  AND  RESERVOIRS. 

1.  General  Statement. — Sections  18,  19,  20  and  21  of  the  Act  of 
Congress  approved  March  3,  1891  (26  Stat.,  1095),  entitled  "An 
Act  to  repeal  timber-culture  laws,  and  for  other  purposes,"  grant 
the  right  of  way  through  the  public  lands  and  reservations  of  the 
United  States  for  the  use  of  canals,  ditches,  or  reservoirs  heretofore 
or  hereafter  constructed  by  corporations,  individuals,  or  associ- 
ations of  individuals.  If  the  right  of  way  is  upon  a  reservation  not 
within  the  jurisdiction  of  the  Interior  Department,  the  application 
must  be  filed  in  accordance  with  these  regulations,  and  will  be  sub- 
mitted to  the  Department  having  jurisdiction.  A  map  and  field 
notes  of  the  portion  within  any  reservation,  except  in  the  case  of  a 
national  forest,  must  be  submitted  in  addition  to  the  duplicates 
required  herein.  All  maps  and  field  notes  must  conform  to  the 
provisions  of  this  circular. 

The  sections  above  noted  read  as  follows : 

Sec.  18.  That  the  right  of  way  through  the  public  lands  and  reservations 
of  the  United  States  is  hereby  granted  to  any  canal  or  ditch  company  formed 
for  the  purpose  of  irrigation,  and  duly  organized  under  the  laws  of  any  State 
or  Territory,  which  shall  have  filed  or  may  hereafter  file  with  the  Secretary 
of  the  Interior  a  copy  of  its  articles  of  incorporation  and  due  proofs  of  its 
organization  under  the  same  to  the  extent  of  the  ground  occupied  by  the 
water  of  the  reservoir  and  of  the  canal  and  its  laterals,  and  fifty  feet  on 
each  side  of  the  marginal  limits  thereof;  also  the  right  to  take  from  the 
public  lands  adjacent  to  the  line  of  the  canal  or  ditch,  material,  earth,  and 
stone  necessary  for  the  construction  of  such  canal  or  ditch:  Provided,  That  no 
such  right  of  way  shall  be  so  located  as  to  interfere  with  the  proper  occupa- 
tion by  the  Government  of  any  such  reservation,  and  all  maps  of  location 
shall  be  subject  to  the  approval  of  the  Department  of  the  Government  having 
jurisdiction  of  such  reservation,  and  the  privilege  herein  granted  shall  not 
be  construed  to  interfere  with  the  control  of  water  for  irrigation  and  other 
purposes  under  authority  of  the  respective  States  or  Territories. 

Sec.  19.  That  any  canal  or  ditch  company  desiring  to  secure  the  benefits 
of  this  act  shall;  within  twelve  months  after  the  location  of  ten  miles  of  its 
canal,  if  the  same  be  upon  surveyed  lands,  and  if  upon  unsurveyed  lands 
within  twelve  months  after  the  survey  thereof  by  the  United  States,  file  with 
the  register  of  the  land  office  for  the  district  where  such  land  is  located  a 
map  of  its  canal  or  ditch  and  reservoir;  and  upon  the  approval  thereof  by  the 
Secretary  of  the  Interior  the  same  shall  be  noted  upon  the  plats  in  said  office, 
and  thereafter  all  such  lands  over  which  such  rights  of  way  shall  pass  shall 
be  disposed  of  subject  to  such  right  of  way.  Whenever  any  person  or  cor- 
poration, in  the  construction  of  any  canal,  ditch,  or  reservoir,  injures  or 
damages  the  possession  of  any  settler  on  the  public  domain,  the  party  com- 
mitting such  injury  or  damage  shall  be  liable  to  the  party  injured  for  such 
injury  or  damage. 

Sec.  20.  That  the  provisions  of  this  act  shall  apply  to  all  canals,  ditches, 
or  reservoirs  heretofore  or  hereafter  constructed,  whether  constructed  by  cor- 
porations, individuals,  or  association  of  individuals,  on  the  filing  of  the  cer- 
tificates and  maps  herein  provided  for.  If  such  ditch,  canal,  or  reservoir  has 
been  or  shall  be  constructed  by  an  individual  or  association  of  individuals,  it 
shall  be  sufficient  for  such  individual  or  association  of  individuals  to  file  with 
the  Secretary  of  the  Interior  and  with  the  register  of  the  land  office  where 
said  land  is  located  a  map  of  the  line  of  such  canal,  ditch,  or  reservoir,  as  in 
case  of  a  corporation,  with  the  name  of  the  individual  owner  or  owners  thereof, 
together  with  the  articles  of  association,  if  any  there  be.  Plats  heretofore 
filed  shall  have  the  benefits  of  this  act  from  the  date  of  their  filing,  as  though 
filed  under  it:  Provided,  That  if  any  section  of  said  canal  or  ditch  shall  not 


92 

be  completed  within  five  years  after  the  location  of  said  section  the  rights 
herein  granted  shall  be  forfeited  as  to  any  uncompleted  section  of  said  canal, 
ditch,  or  reservoir,  to  the  extent  that  the  same  is  not  completed  at  the  date 
of  the  forfeiture. 

Sec.  21.  That  nothing  in  this  act  shall  authorize  such  canal  or  ditch 
company  to  occupy  such  right  of  way  except  for  the  purpose  of  said  canal 
or  ditch,  and  then  only  so  far  as  may  be  necessary  for  the  construction,  main- 
tenance, and  care  of  said  canal  or  ditch. 

2.  Material  on  Adjacent  Lands. — The  word  adjacent,  as  used. 
in  section  18  of  the  Act,  in  connection  with  the  right  to  take  material 
for  construction  from  the  public  lands,  must  be  construed  accord- 
ing to  the  conditions  of  each  case  (28  L.  D.,  439).  The  right  ex- 
tends only  to  construction,  arid  no  public  timber  or  material  may 
be  taken  or  used  for  repair  or  improvements  (14  L.  D.,  566).  These 
decisions  were  rendered  under  the  railroad  right-of-way  Act,  and 
are  applied  to  this  Act  since  the  words  are  the  same  in  both. 

Section  2  of  the  Act  approved  March  11,  1898  (30  Stat.,  404), 
entitled  "An  Act  to  amend  an  Act  to  permit  the  use  of  the  right- 
of-way  through  public  lands  for  tramroads,  canals,  and  reservoirs, 
and  for  other  purposes,"  authorizes  the  use  of  rights  of  way 
granted  under  the  Act  of  1891  for  purposes  subsidiary  to  the  main 
purpose  of  irrigation.  The  language  of  said  section  is  as  follows: 

Sec.  2.  That  rights  of  way  for  ditches,  canals,  or  reservoirs  heretofore 
or  hereafter  approved  under  the  provisions  of  sections  eighteen,  nineteen, 
twenty,  and  twenty-one  of  the  act  entitled  "An  act  to  repeal  timber  culture 
laws,  and  for  other  purposes,"  approved  March  third,  eighteen  hundred  and 
ninety-one,  may  be  used  for  purposes  of  a  public  nature;  and  said  rights 
of  way  may  be  used  for  purposes  of  water  transportation,  for  domestic  pur- 
poses, or  for  the  development  of  power,  as  subsidiary  to  the  main  purpose  of 
irrigation. 

3.  Control  of  Water. — "While  these  Acts  grant  rights  of  way 
over  the  public  lands  necessary  to  the  maintenance  and  use  of 
ditches,  canals,  and  reservoirs,  the  control  of  the  flow  and  use  of 
the  water  is,  so  far  as  this  Act  is  concerned,  vested  in  the  States 
or  Territories,  the  jurisdiction  of  the  Department  of  the  Interior 
being  limited  to  the  approval  of  maps  carrying  the  right  of  way 
over  the  public  lands.  If  the  right  of  way  applied  for  under  this 
Act  in  any  wise  involves  the  appropriation  of  natural  sources  of 
water  supply,  the  damming  of  rivers,  or  the  use  of  "lakes,  the  maps 
should  be  accompanied  by  proof  that  the  plans  and  purposes  of 
the  projectors  have  been  regularly  submitted  and  approved  in 
accordance  with  the  local  laws  or  customs  governing  the  use  of 
water  in  the  State  or  Territory  in  which  such  right  of  way  is 
located.  No  general  rule  can  be  adopted  in  regard  to  this  matter. 
Each  case  must  rest  upon  the  showing  filed. 

4.  Nature  of  Grant. — The  right  granted  is  not  in  the  nature  of 
a  grant  of  lands,  but  is  a  base  or  qualified  fee.  The  possession  and 
right  of  use  of  the  lands  are  given  for  the  purposes  contemplated 
by  law,  but  a  reversionary  interest  remains  in  the  United  States, 
to  be  conveyed  by  it  to  the  person  to  whom  the  land  may  be  pat- 
ented, whose  rights  will  be  subject  to  those  of  the  grantee  of  the 
right  of  way.  All  persons  settling  on  a  tract  of  public  land,  to 
part  of  which  right  of  Way  has  attached  for  a  canal,  ditch,  or 
reservoir,  take  the  land  subject  to  such  right  of  way,  and  at  the 
total  area  of  the  subdivision  entered,  there  being  no  authority  to 
make  deduction  in  such  cases.  If  a  settler  has  a  valid  claim  to  land 
existing  at  the  date  of  the  filing  of  the  map  of  definite  location, 


93 

his  right  is  superior,  and  he  is  entitled  to  such  reasonable  measure 
of  damages  for  right  of  way  as  may  be  determined  upon  by  agree- 
ment or  in  the  courts,  the  question  being  one  that  does  not  fall 
within  the  jurisdiction  of  this  Department.  Section  21  of  the  Act 
of  March  3,  1891,  provides  that  the  grant  of  a  right  of  way  for  a 
canal,  ditch,  or  reservoir  does  not  necessarily  carry  with  it  a  right 
to  the  use  of  land  50  feet  on  each  side,  but  only  such  land  may  be 
used  as  is  necessary  for  construction,  maintenance  and  care  of  the 
canal,  ditch,  or  reservoir.  The  width  is  not  specified. 

5.  Right  of  Way  Through  National  Forest. — Whenever  a  right 
of  way  is  through  a  national  forest,  the  applicant  must  enter  into 
such  stipulation  and  execute  such  bond  as  the  Forest  Service  may 
require  for  the  protection  of  such  national  forest.     No  construction 
will  be  allowed  in  a  national  forest  until  an  application  for  right 
of  way  has  been  regularly  filed  and  approved  by  the  Secretary  of 
the  Interior,  or  unless  permission  for  such  construction  work  has 
been  specifically  given. 

6.  Right  of  Way  Through  Proposed  National  Forest. — If  the 
right  of  way  is  through  land  within  a  proposed  national  forest,  the 
applicant  must  file  the  following  stipulations  under  seal: 

(a)  That  the  proposed  right  of  way  is  not  so  located  as  to 
interfere  with  the  proper  occupation  and  use  of  the  reservation  by 
the  Government. 

(b)  That  the  applicant  will  cut  no  timber  from  the  reserve 
outside  the  right  of  way,  and  will  remove  no  timber  from  the  land 
within  the  right  of  way  except  such  as  is  rendered  necessary  for  the 
proper  use  and  enjoyment  of  the  privilege  for  which  application  is 
made. 

(c)  That   he   will  remove   from   the   reservation,   or   destroy, 
under  such  safeguards  as  may  be  deemed  necessary  by  the  General 
Land  Office,  all  standing,  fallen,  and  dead  timber,  as  well  as  all 
tops,  lops,  brush,  and  refuse  cuttings  on  the  right  of  way,  for  such 
distance  on  each  side  of  the  central  line  as  may  be  required  by  the 
General  Land  Office  to  protect  the  forest  from  fire.  • 

(d)  That  the  applicant  will  furnish  free  of  charge  such  assist- 
ance in  men  and  material  for  fighting  fires  as  may  be  spared  with- 
out serious  injury  to  the  applicant's  business. 

(e)  That  should  any  portion  of  said  right  of  way  be  included 
in  a  National  Forest,  the  applicant  will  build  new  roads,  trails,  and 
crossings,  as  required  by  the  Forest  Service,  in  case  any  roads  or 
trails  are  destroyed  or  intercepted  by  construction  work  or  flooding 
upon  said  right  of  way. 

The  applicant  will  also  be  required  to  give  bond  to  be  approved 
by  the  Commissioner  of  the  General  Land  Office,  stipulating  that  the 
United  States  will  be  compensated  "for  any  and  all  damage  to  the 
public  lands,  timber,  natural  curiosities,  or  other  public  property 
on  such  reservation,  or  upon  the  lands  of  the  United  States,  by 
reason  of  such  use  and  occupation  of  the  reserve,  regardless  of  the 
cause  or  circumstances  under  which  such  damages  may  occur."  A 
bond  furnished  by  any  surety  company  that  has  complied  with  the 
provisions  of  the  Act  of  August  13,  1894  (28  Stat.,  279),  will  be 
accepted.  The  amount  of  the  bond  can  not  be  fixed  until  the  appli- 
cation has  been  submitted  to  the  General  Land  Office,  when  a  form 
of  bond  will  be  furnished  and  the  amount  thereof  fixed. 


94 

7.  Right     of    Way    Partly     on    Unsurveyed     Land. — Canals, 
ditches,  or  reservoirs  lying  partly  upon  unsurveyed  land  can  be 
approved  if  the  application  and  accompanying  maps  and  papers 
conform  to  these  regulations,  but  the  approval  will  only  relate  to 
that  portion  traversing  the  surveyed  lands.     (For   right   of  way 
wholly  on  unsurveyed  land,  see  section  17.) 

8.  Application  by  Corporation. — An  incorporated  company  de- 
siring to  obtain  the  benefits  of  the  law  must  file  the  papers  and 
maps  specified  below  with  the  register  of  the  land  district  in  which 
the  canal,  ditch,  or  reservoir  is  to  be  located.     These  papers  and 
maps  will  be  forwarded  to  the  General  Land   Office,   and,   after 
examination,  they  will  be  submitted  to  the  Secretary  of  the  Interior 
with  recommendations  as  to  their  approval : 

(a)  A  copy  of  its  articles  of  incorporation,  duly  certified  to  by 
the  proper  officers  of  the  company  under  its  corporate  seal,  or  by 
the  secretary  of  the  State  or  Territory  where  organized. 

(b)  A  copy  of  the  State  or  Territorial  law  under  which  the 
company  was  organized  (if  it  was  organized  under  State  or  Terri- 
torial law),  with  certificate  of  the  Governor  or  Secretary  of  State 
or  Territory,  under  seal,  that  the  same  was  the  law  at  the  date  of 
incorporation.     (See  paragraph  k  of  this  section.) 

(c)  If  the  State  or  Territorial  law  directs  that  the  articles  of 
incorporation  or  other  papers  connected  with  the  organization  be 
filed  with  any  State  or  Territorial  officer,  there  must  be  submitted 
the  certificate  of  such  officer  that  the  same  have  been  filed  according 
to  law,  and  giving  the  date  of  the  filing  thereof. 

(d)  When  a  company  is  operating  in  a  State  or  Territory  other 
than  that  in  which  it  is  incorporated,  it  must  submit  the  certificate 
of  the  proper  officer  of  the  State  or  Territory  that  it  has  complied 
with  the  laws  of  that  State  or  Territory  governing  foreign  corpora- 
tions to  the  extent  required  to  entitle  the  company  to  operate  in 
such  State  or  Territory. 

No  forms  are  prescribed  for  the  above  portion  of  the  "due 
proofs"  required,  as  each  case  must  be  governed  to  some  extent  by 
the  laws  of  the  State  or  Territory. 

(e)  The  official  statement,  by  the  proper  officer,  under  the  seal 
of  the  company,  that  the  organization  has  been  completed,  that  the 
company  is  fully  authorized  to  proceed  with  construction  according 
to  the  existing  law  of  the  State  or  Territory  in  which  it  is  incor- 
porated, and  that  the  copy  of  the  articles  filed  is  true  and  correct. 
(See  Form  1,  p.  112.) 

(f)  A  true  list,  signed  by  the  president,  under  the  seal  of  the 
company,  showing  the  names  and  designations  of  its  officers  at  the 
date  of  the  filing  of  the  proofs.    (See  form  2,  p.  112.) 

(g)  A  copy  of  the  company's  title  or  right  to  appropriate  the 
water  needed  for  its  canals,  ditches,  and  reservoirs,   certified  as 
required  by  the  State  or  Territorial  laws.     If  the  miner's  inch  is 
the  unit  used  in  such  title,  its  equivalent  in  cubic  feet  per  second 
must  be  stated.     If  the  right  to  appropriate  the  water  has  not  been 
adjudicated  under  the  local  laws,  a  certified  copy  of  the  notice  ot 
appropriation  will  be  sufficient.     If  the  notice  of  appropriation  is 
accompanied  by  a  map  of  the  canal  or  reservoir  it  will  not  be 
necessary  to  furnish  a  copy  of  the  map  where  the  notice  describes 
the  location  sufficiently  to  identify  it  with  the  canal  or  reservoir 


95 

for  which  the  right-of-way  application  is  made.  If  the  water-right 
claim  has  been  transferred  a  number  of  times  it  is  not  necessary  to 
furnish  a  copy  of  each  instrument  of  transfer;  an  abstract  of  title 
will  be  accepted. 

(h)  A  copy  of  the  State  or  Territorial  laws  governing  water 
rights  and  irrigation,  with  the  certificate  of  the  Governor  or  Secre- 
tary of  State  or  Territory  that  the  same  is  the  existing  law.  (See 
paragraph  k  of  this  section.) 

(i)  A  separate  statement  as  follows :  The  amount  of  water 
flowing  in  the  stream  supplying  the  canal,  ditch,  or  reservoir,  at  the 
point  of  diversion  or  damming,  during  the  preceding  year  or  years. 
For  this  purpose  it  will  be  necessary  to  give  the  maximum,  mini- 
mum, and  average  flow  in  cubic,  feet  per  second  for  each  month 
during  the  period  for  which  records  are  available.  In  cases  of 
reservoirs  of  5,000  acre-feet  capacity,  or  more,  or  of  ditches  of  100 
cubic  feet  per  second  capacity,  or  more,  the  amount  of  water,  in 
acre-feet,  available  for  storage  or  diversion,  and  the  amount  of 
water  which  it  is  proposed  to  divert  annually  from  the  stream  or 
streams  affected,  with  the  period  during  which  the  water  is  to  be 
diverted.  The  length,  cross-section,  grade,  and  capacity  of  the 
ditches  to  be  constructed  and  the  characteristics  of  each  ditch  as 
affecting  the  flow  of  water.  The  surveyor  or  engineer  of  the  appli- 
cant must  certify  to  the  above,  and  must  certify  that  all  available 
records  (specifying  them),  official  and  otherwise,  have  been  con- 
sulted. If  there  is  no  well-defined  flow  which  can  be  measured,  or 
if  there  is  no  record  of  the  flow,  the  area  of  the  water-shed,  average 
annual  rainfall,  and  estimated  run-off  at  the  point  of  diversion  or 
damming  must  be  given. 

(j)     Maps,  field  notes,  and  other  papers,  as  hereinafter  required. 

(k)  If  certified  copies  of  the  existing  laws  regarding  corpora- 
tions and  irrigation,  and  of  new  laws  as  passed  from  time  to  time, 
be  forwarded  to  the  General  Land  Office  by  the  Governor  or  Secre- 
tary of  the  State  or  Territory,  the  applicant  may  file,  in  lieu  of 
requirements  of  paragraphs  b  and  h  of  this  section,  a  certificate  of 
the  Governor  or  Secretary  of  State,  under  seal,  that  no  change  has 
been  made  since  a  given  date,  not  later  than  that  of  the  laws  last 
forwarded. 

9.  Application  by  Individuals. — Individuals  or  associations  of 
individuals  making  applications  for  right  of  way  are  required  to 
file  the  information  called  for  in  paragraphs  g,  h,  i,  and  j  of  the 
preceding  section.     Associations  of  individuals  must,  in  addition, 
file  their  articles  of  association;  if  there  be  none,  the  fact  must  be 
stated  over  the  signature  of  each  member  of  the  association. 

10.  Field  Notes. — Field  notes  of  the  surveys  must  be  filed  in 
duplicate,  separate  from  the  map,  and  in  such  form  that  they  may 
be  folded  for  filing.     Complete  field  notes  should  not  be  placed  on 
the  map,  but  the  following  data  should  be  shown  thereon:     (a) 
The  station  numbers  where  deflections  or  changes  of  numbering 
occur;    (b)    station  numbers  with   distances  to   corners  at   points 
where  the  lines  of  the  public  surveys  are  crossed,  and  (c)  the  lines 
of  reference  of  initial  and  terminal  points,  with  their  courses  and 
distances.     Typewritten  field  notes  with   clear  carbon   copies  are 
preferred,  as  they  expedite  the  examination  of  applications.     The 
field  notes  should  contain,  in  addition  to  the  ordinary  records  of 


96 

surveys,  the  data  called  for  in  this  and  in  the  following  sections. 
They  should  state  which  line  of  the  canal  was  run — whether  middle 
or  a  specified  side  line.  The  stations  or  courses  should  be  numbered 
in  the  field  notes  and  on  the  map.  The  record  should  be  so  com- 
plete that  from  it  the  surveys  could  be  accurately  retraced  by  a 
competent  surveyor  with  proper  instruments.  The  field  notes 
should  show  whether  the  lines  were  run  on  the  true  or  the  mag- 
netic bearings,  and  if  run  on  magnetic  bearings  the  declination  of 
the  needle  and  date  of  determination  must  be  stated.  The  kind 
and  size  of  the  instrument  used  in  running  the  lines  and  its  mini- 
mum reading  on  the  horizontal  circle  should  be  noted.  The  line  of 
survey  should  be  that  of  the  actual  location  of  the  proposed  ditch 
and,  as  exactly  as  possible,  the  water  line  of  the  proposed  reser- 
voir. The  method  of  running  the  grade  lines  of  canals  and  the 
water  lines  of  reservoirs  must  be  described. 

11.  Maps. — The  maps  filed  must  be  drawn  on  tracing  linen  in 
duplicate,  and  must  be  strictly  conformable  to  the  field  notes  of  the 
survey.     They  must  be  filed  in  the  land  office  for  the  district  in 
which  the  right  of  way  is  located ;  but  if  the  right  of  way  is  located 
in  more  than  one  district,  duplicate  maps  and  field  notes  need  be 
filed  in  but  one  district,  and  single  sets  in  the  others.     Other  canals, 
ditches,  laterals,  or  reservoirs  with  which  connections  are  made 
must  be  shown,  but  distinguished  from  those  for  which  right  of 
way  is  desired  by  ink  of  a  different  color. 

The  scale  of  the  map  should  be  2,000  feet  to  the  inch  in  the  case 
of  canals  or  ditches  and  1,000  feet  to  the  inch  in  the  case  of  reser- 
voirs. The  scale  may,  however,  be  1,000  feet  to  the  inch  in  the  case 
of  canals  or  ditches  and  500  feet  to  the  inch  in  the  case  of  reservoirs 
when  such  a  scale  is  absolutely  necessary  to  properly  show  the 
proposed  works. 

All  subdivisions  of  the  public  surveys  on  the  map  should  have 
their  entire  boundaries  drawn,  and  on  all  lands  affected  by  the 
right  of  way  the  smallest  legal  subdivisions  (40-acre  tracts  and  lots) 
must  be  shown.  The  section,  township,  and  range  must  be  clearly 
marked  on  the  map. 

The  map  must  bear  a  statement  of  the  width  of  each  canal,  ditch, 
or  lateral  high-water  line.  If  not  of  uniform  width,  the  limits  of 
the  deviations  must  be  clearly  defined  on  the  map.  The  field  notes 
should  record  the  changes  in  such  a  manner  as  to  admit  of  exact 
location  on  the  ground.  In  the  case  of  a  pipe  line,  the  diameter  of 
the  pipe  should  be  stated.  The  map  must  show  the  source  of  water 
supply. 

In  applications  for  right  of  way  for  a  reservoir,  the  capacity  of 
the  reservoir  must  be  stated  on  the  map  in  acre-feet  (i.  e.,  the  num- 
ber of  acres  that  will  be  covered  to  a  depth  of  1  foot  by  the  water 
that  the  reservoir  will  hold;  1  acre-foot  is  43,560  cubic  feet).  The 
map  must  show  the  source  of  water  supply  for  the  reservoir  and 
the  location  and  height  of  the  dam. 

12.  Initial  and  Terminal  Points. — The  termini  of  a  canal,  ditch, 
or  lateral  should  be  fixed  by  reference  of  course  and  distance  to  the 
nearest  existing  corner  of  the  public  survey.     The  initial  point  of 
the  survey  of  a  reservoir  should  be  fixed  by  reference  of  course  and 
distance  to  the  nearest  existing  corner  outside  the  reservoir  by  a 
line  that  does  not  cross  an  area  that  will  be  covered  with  water 


97 

when  the  reservoir  is  in  use.  The  map,  field  notes,  engineer's  affi- 
davit, and  applicant's  certificate  (Forms  3  and  4)  should  each  show 
these  connections. 

13.  Connections  on  Unsurveyed  Land. — When  either  terminal 
of  a  canal,  ditch,  or  lateral  is  upon  unsurveyed  land,  it  must  be  con- 
nected by  traverse  with  an  established  corner  of  the  public  survey, 
if  not  more  than  6  miles  distant,  and  the  single  bearing  and  distance 
from  the  terminal  point  to  the  corner  must  be  computed  and  noted 
on  the  map,  in  the  engineer's  affidavit,  and  in  the  applicant's  cer- 
tificate (Forms  3  and  4).     The  notes  and  all  data  for  the  computa- 
tion of  the  traverse  must  be  given  in  the  field  notes. 

14.  Connections  With  Monuments  on  Unsurveyed  Land. — When 
an  established  corner  of  the  public  survey  is  more  than  6  miles  dis- 
tant this  connection  will  be  made  with  a  natural  object  or  a  perma- 
nent  monument  which  can  be  readily  found  and  recognized  and 
which  Avill  fix  and  perpetuate  the  position  of  the  terminal  point. 
The  map  must  show  the  position  of  such  mark  and  must  give  the 
course  and  distance  to  the  terminus.     The  field  notes  must  give  an 
accurate  description  of  the  mark  and  full  data  of  the  traverse  as 
required  above.     The  engineer's  affidavit  and  applicant's  certificate 
(Forms  3  and  4)  must  state  the  connections.     These  monuments  are 
of  great  importance. 

15.  Forms  for  Canal,  etc.,  on  Unsurveyed  Land. — When  a  canal, 
ditch,  or  lateral  lies  partly  on  unsurveyed  land,  each  portion  lying 
within  surveyed  and  unsurveyed  land  will  be  separately  described 
in  the  field  notes  and  in  Forms  3  and  4  by  connections  of  termini, 
length,  and  width,  as  though  each  portion  were  independent.     (See 
sees.  12,  13,  and  14.) 

16.  Forms  for  Reservoir  on  Unsurveyed  Land. — When  a  reser- 
voir lies  partly  on  unsurveyed  land  its  initial  point  must  be  noted, 
as  required  for  the  termini  of  ditches  in  section  12.     The  reference 
line  must  not  cross  an  area  that  will  be  covered  with  water  when 
the  reservoir  is  in  use.     The  areas  of  the  several  parts  lying  on 
surveyed  or  unsurveyed  land  must  be  separately  noted  on  the  map, 
in  the  field  notes,  and  in  Forms  3  and  4. 

17.  Right  of  Way  Wholly  on  Unsurveyed  Land. — Maps  showing 
canals,  ditches,  or  reservoirs  wholly  upon  unsurveyed  lands  may  be 
received  and  placed  on  file  in  the  General  Land  Office  and  the  local 
land  office  of  the  district  in  which  the  land  is  located,  for  general 
information.     The  date  of  filing  will  be  noted  thereon ;  but  the  maps 
will  not  be  submitted  to  nor  approved  by  the  Secretary  of  the 
Interior,  as  the  Act  makes  no  provision  for  the  approval  of  any  but 
maps  showing  the  location  in  connection  with  the  public  surveys. 
The  filing  of  such  maps  will  not  dispense  with  the  filing  of  maps 
after  the  survey  of  the  lands  and  within  the  time  specified  by  the 
Act  granting  the  right  of  wray.     If  these  maps  are  in  all  respects 
regular  when  filed,  they  will  receive  the  Secretary's  approval.     In 
filing  such  maps  the  initial  and  terminal  points  will  be  fixed  as 
indicated  in  sections  13  and  14. 

18.  Connections  With  Public  Survey  Corners. — Whenever  the 
line  of  survey  crosses  a  township  or  section  line  of  the  public  survey, 
the  distance  to  the  nearest  existing  corner  should  be  ascertained 
and  noted.     In  the  case  of  a  reservoir  the  distance  must  not  be 
measured  across  an  area  which  wrill  be  covered  with  water  when 


98 

the  reservoir  is  in  use.  The  map  of  the  canal,  ditch,  or  reservoir 
must  show  these  distances,  and  the  field  notes  must  give  the  points 
of  intersection  and  the  distances.  When  corners  are  destroyed  by 
the  canal  or  reservoir,  proceed  as  directed  in  sections  19  and  20. 

19.  Witness  Monuments  for  Destroyed  Public  Survey  Corners. 
—Whenever  a  corner  of  the  public  survey  will  be  covered  by  earth 

or  water,  or  otherwise  rendered  useless,  marked  monuments  (one 
on  each  side  of  destroyed  corner)  must  be  set  on  each  township  or 
section  line  passing  through,  or  one  on  each  line  terminating  at, 
said  corner.  These  monuments  must  comply  with  the  requirements 
for  witness  corners  of  the  Manual  of  Surveying  Instructions  issued 
by  the  General  Land  Office,  and  must  be  at  such  distance  from  the 
works  as  to  be  safe  from  interference  during  the  construction  and 
operation  of  the  same.  If  two  or  more  consecutive  corners  on  the 
same  line  are  destroyed,  the  monument  shall  be  set  as  required  in 
the  Manual  for  the  nearest  corner  on  that  line  to  be  covered. 

20.  Method  of  Establishing  Witness  Monuments. — The  line  on 
which  such  monument  is  set  will  be  determined  by  running  a  ran- 
dom line  from  the  corner  to  be  destroyed  to  the  first  existing  corner 
on  the  line  to  be  marked  by  the  monument,  a  temporary  mark 
being  set  on  the  random  line  at  the  distance  of  the  proposed  monu- 
ment.    If  the  random  line  strikes  the  corner  run  to,  the  monument 
will  be  established  at  the  place  marked;  if  the  random  line  passes 
to  one  side  of  the  corner,  the  north  and  south  or  east  and  west 
distance  to  it  will  be  measured  and  the  true  course  calculated.    The 
proper  correction  of  the  temporary  mark  will  then  be  computed 
and  a  permanent  monument  set  in  the  proper  place.     The  field  notes 
for  the  surveys  establishing  the  monuments  must  be  in  duplicate 
and  separate  from  those  of  the  canal  or  reservoir,  and  must  be  cer- 
tified by  the  surveyor  under  oath.     They  must  comply  with  the  form 
of  field  notes  prescribed  in  the  Manual  of  Survey  Instructions  issued 
by  the  General  Land  Office. 

When  application  is  made  for  a  canal  or  reservoir  which  is  con- 
structed and  in  operation,  the  method  to  be  adopted  in  setting  the 
monuments  must  be  governed  by  the  special  features  of  each  case 
and  left  to  the  judgment  of  the  surveyor.  No  field  notes  will  be 
accepted  unless  the  lines  on  wrhich  the  monuments  are  set  conform 
to  the  lines  shown  by  the  field  notes  of  the  survey  as  made  origi- 
nally under  the  direction  of  this  office,  and  unless  the  notes  are  in 
such  form  that  the  computation  can  be  verified  and  the  lines 
retraced  on  the  ground. 

21.  Affidavit    and    Certificate    Required. — The    engineer's    affi- 
davit and  applicant's  certificate  must  both  designate  by  termini 
(as  in  sections  12  to  17,  inclusive)  and  length  each  canal,  ditch,  or 
lateral,  and  by  initial  point  and  area  each  reservoir  shown  on  a 
map,  for  which  right  of  way  is  asked.     This  affidavit  and  this  cer- 
tificate (changed  where  necessary  when  an  application  is  made  by 
an  individual  or  association  of  individuals)  must  be  written  on  the 
map  in  duplicate.     Applicants  under  the  Act   of  March   3,   1891, 
must  include  in  the  certificate   (Form  4)   the  statement:     "And  I 
further  certify  that  the  right  of  way  herein  described  is  desired  for 
the  main  purpose  of  irrigation."     (See  Forms  3  and  4,  pages  25 
and  26.)     No  changes  or  additions  are  allowable  in  the  substance 


yy 

of  these  forms,  except  when  the  facts  differ  from  those  assumed 
therein. 

22.  Notation  on  Maps  and  Records. — When  maps  are  filed,  the 
Register  will  note  on  each  the  name  of  the  land  office  and  the  date 
of  filing  over  his  written  signature.     Notations  will  also  be  made 
on  the  records  of  the  local  land  office,  as  to  each  unpatented  tract 
affected,  that  application  for  right  of  way  for  a  canal  (or  reser- 
voir) is  pending,  giving  date  of  filing  and  name  of  applicant.     The 
Register  will  certify  on  each  map,  over  his  written  signature,  that 
unpatented  land  is  affected  by  the  proposed  right  of  way.     The 
maps  and  field  notes  in  duplicate,  and  any  other  papers  filed  in 
connection  with  the  application,  will  then  be  promptly  transmitted 
to  the  General  Land  Office  with  report  that  the  required  notations 
have  been  made  on  the  records  of  the  local  land  office.     Any  valid 
right  existing  at  the  date  of  the  filing  of  the  right  of  way  applica- 
tion will  not  be  affected  by  the  filing  or  approval  thereof.     (See 
sec.  4.)     If  no  unpatented  land  is  involved  in  the  application,  the 
local  officers  will  reject  it,  allowing  the  usual  right  of  appeal. 

Upon  the  approval  of  a  map  of  location  by  the  Secretary  of  the 
Interior,  the  duplicate  copy  will  be  sent  to  the  local  officers,  who 
will  mark  upon  the  township  plats  the  lines  of  the  canals,  ditches, 
or  reservoirs,  as  laid  down  on  the  map.  They  will  also  note  the 
approval  in  ink,  on  the  tract  book,  opposite  each  tract  marked  as 
required  above  and  report  to  the  General  Land  Office  that  notations 
have  been  made  and  the  applicant  notified  of  approval. 

23.  Evidence  of  Construction. — When  the  canal,  ditch,  or  reser- 
voir is  constructed,  an  affidavit  of  the  engineer  and  certificate  of 
the  applicant  (Forms  5  and  6)  must  be  filed  in  the  local  office,  in 
duplicate,  for  transmission  to  the  General  Land  Office.    No  new 
map  will  be  required,  unless  there  are  deviations  from  the  right  of 
way  previously  approved,  either  before  or  after  construction,  when 
there  must  be  filed  new  maps  and  field  notes  in  full,  as  herein  pro- 
vided, bearing  proper  forms,  changed  to  agree  with  the  facts  in  the 
case.     The  map  must  show  clearly  the  portions  amended  or  bear  a 
statement  describing  them,  and  the  location  must  be  described  in 
the  forms  as  the  amended  survey  and  the  amended  definite  loca- 
tion.    In  such  cases  the  applicant  must  file  a  relinquishment,  under 
seal,  of  all  rights  under  the  former  approval  as  to  the  portions 
amended,    said   relinquishment   to   take   effect    when   the   map    of 
amended  definite  location  is  approved  by  the  Secretary  of  the  In- 
terior.   If  the  canal  or  reservoir  has  been  constructed  on  the  loca- 
tion originally  approved,  and  is  to  be  used  until  the  canal  or  reser- 
voir on  the  amended  location  is  ready  for  use,  the  relinquishment 
may  be  made  to  take  effect  upon  the  completion  of  the  canal  or 
reservoir  on  the  amended  location. 

24.  Right  of  Way  on  Segregated  Reservoir  Sites. — The  Act  ap- 
proved February  26,  1897  (29  Stat.,  599),  entitled  "An  Act  to  pro- 
vide for  the  use  and  occupation  of  reservoir  sites  reserved,"  permits 
the  approval  of  applications  under  the  above  Act  of  1891  for  right 
of  way  upon  reservoir  sites  reserved  under  authority  of  the  Acts  of 
October  2,  1888  (25  Stat.,  505,  526),  and  August  30,  1890  (26  Stat., 
371,  391).     The  text  of  the  Act  is  as  follows: 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  all  reservoir  sites  reserved 


100 

or  to  be  reserved  shall  be  open  to  use  and  occupation  under  the  right-of-way 
act  of  March  third,  eighteen  hundred  and  ninety-one.  And  any  State  is  hereby 
authorized  to  improve  and  occupy  such  reservoir  sites  to  the  same  extent  as 
an  individual  or  private  corporation,  under  such  rules  and  regulations  as  the 
Secretary  of  the  Interior  may  prescribe:  Provided,  That  the  charges  for  water 
coming  in  whole  or  part  from  reservoir  sites  used  or  occupied  under  the 
provisions  of  this  act  shall  always  be  subject  to  the  control  and  regulation 
of  the  respective  States  and  Territories  in  which  such  reservoirs  are  in  whole 
or  part  situate. 

When  an  application  is  made  under  this  Act  a  reference  to  it 
should  be  added  to  Forms  4  and  6.  In  other  respects  the  applica- 
tion should  be  prepared  according  to  the  preceding  regulations. 

OIL  PIPE  LINES  IN  COLORADO  AND   WYOMING. 

25.  Requirements.— The  Act  approved  May  21,  1896  (29  Stat., 
127),  entitled  "An  Act  to  grant  right  of  way  over  the  public 
domain  for  pipe  lines  in  the  States  of  Colorado  and  Wyoming,"  is 
similar  in  its  requirements  to  the  right-of-way  Act  of  March  3, 
1891,  and  the  preceding  regulations  furnish  full  information  as  to 
the  preparation  of  the  maps  and  papers.  Applicants  will  be  gov- 
erned thereby  so  far  as  they  are  applicable. 

The  text  of  the  Act  is  as  follows : 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  right  of  way  through  the 
public  lands  of  the  United  States  situate  in  the  State  of  Colorado  and  in  the 
State  of  Wyoming  outside  of  the  boundary  lines  of  the  Yellowstone  National 
Park,  is  hereby  granted  to  any  pipe-line  company  or  corporation  formed  for 
the  purpose  of  transporting  oils,  crude  or  refined,  which  shall  have  filed  or 
may  hereafter  file  with  the  Secretary  of  the  Interior  a  copy  of  its  articles 
of  incorporation,  and  due  proofs  of  its  organization  under  the  same,  to  the 
extent  of  the  ground  occupied  by  said  pipe  line  and  twenty-five  feet  on  each 
side  of  the  center  of  line  of  the  same;  also  the  right  to  take  from  the  public 
lands  adjacent  to  the  line  of  said  pipe  line  material,  earth,  and  stone  necessary 
for  the  construction  of  said  pipe  line. 

Sec.  2.  That  any  company  or  corporation  desiring  to  secure  the  benefits  of 
this  act  shall  within  twelve  months  after  the  location  of  ten  miles  of  the 
pipe  line  if  the  same  be  upon  surveyed  lands;  and  if  the  same  be  upon  unsur- 
veyed  lands,  within  twelve  months  after  the  survey  thereof  by  the  United 
States,  file  with  the  register  of  the  land  office  for  the  district  where  such  land 
is  located  a  map  of  its  line,  and  upon  the  approval  thereof  by  the  Secretary 
of  the  Interior  the  same  shall  be  noted  upon  the  plats  in  said  office,  and  there- 
after all  such  lands  over  which  such  right  of  way  shall  pass  shall  be  disposed 
of  subject  to  such  right  of  way. 

Sec.  3.  That  if  any  section  of  said  pipe  line  shall  not  be  completed 
within  five  years  after  tbe  location  of  said  section  the  right  herein  granted 
shall  be  forfeited,  as  to  any  incomplete  section  of  said  pipe  line,  to  the  extent 
that  the  same  is  not  completed  at  the  date  of  the  forfeiture. 

Sec.  4.  That  nothing  in  this  act  shall  authorize  the  use  of  such  right  of 
way  except  for  the  pipe  line,  and  then  only  so  far  as  may  be  necessary  for 
its  construction,  maintenance,  and  care. 

RESERVOIRS  FOR  WATERING  STOCK. 

26.  General  Provisions. — The  Act  approved  January  13,  1897 
(29  Stat.,  484),  entitled  "An  Act  providing  for  the  location  and 
purchase  of  public  lands  for  reservoir  sites,"  is  as  follows: 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  any  person,  live-stock  company, 
or  transportation  corporation  engaged  in  breeding,  grazing,  driving,  or  trans- 
porting live  stock  may  construct  reservoirs  upon  unoccupied  public  lands  of 
the  United  States,  not  mineral  or  otherwise  reserved,  for  the  purpose  of 
furnishing  water  to  such  live  stock,  and  shall  have  control  of  such  reservoir, 


101 

under  regulations  prescribed  by  the  Secretary  of  the  Interior,  and  the  lands 
upon  which  the  same  is  constructed,  not  exceeding  one  hundred  and  sixty 
acres,  so  long  as  such  reservoir  is  maintained  and  water  kept  therein  for  such 
purposes:  Provided,  That  such  reservoir  shall  not  be  fenced  and  shall  be  open 
to  the  free  use  of  any  person  desiring  to  water  animals  of  any  kind. 

Sec.  2.  That  any  person,  live-stock  company,  or  corporation  desiring  to 
avail  themselves  of  the  provisions  of  this  act  shall  file-  a  declaratory  state- 
ment in  the  United  States  land  office  in  the  district  where  the  land  is  sit- 
uated, which  statement  shall  describe  the  land  where  such  reservoir  is  to  be 
or  has  been  constructed;  shall  state  what  business  such  corporation  is  engaged 
in;  specify  the  capacity  of  the  reservoir  in  gallons,  and  whether  such  com- 
pany, person,  or  corporation  has  filed  upon  other  reservoir  sites  within  the 
same  county;  and  if  so,  how  many. 

Sec.  3.  That  at  any  time  after  the  completion  of  such  reservoir  or  reser- 
voirs which,  if  not  completed  at  the  date  of  the  passage  of  this  act,  shall 
be  constructed  and  completed  within  two  years  after  filing  such  declaratory 
statement,  such  person,  company,  or  corporation  shall  have  the  same  accu- 
rately surveyed,  as  hereinafter  provided,  and  shall  file  in  the  United  States 
land  office  in  the  district  in  which  such  reservoir  is  located  a  map  or  plat 
showing  the  location  of  such  reservoir,  which  map  or  plat  shall  be  transmitted 
by  the  register  and  receiver  of  said  United  States  land  office  to  the  Secretary 
of  the  Interior  and  approved  by  him,  and  thereafter  such  land  shall  be 
reserved  from  sale  by  the  Secretary  of  the  Interior  so  long  as  such  reservoir 
is  kept  in  repair  and  water  kept  therein. 

Sec.  4.   That  Congress  may  at  any  time  amend,  alter,  or  repeal  this  act. 

27.  No  Lands  Sold. — Although  the  title  indicates  that  lands 
are  to  be  sold  for  reservoir  sites,  the  Act  does  not  provide  for  the 
sale  of  any  lands,  and  therefore  no  lands  can  be  sold  under  its  pro- 
visions.    The  Act,  however,  directs  the  Secretary  of  the  Interior  to 
reserve  the  lands  from  sale  after  the  approval  of  the  map  showing 
the  location  of  the  reservoir.    Homestead  entries  are  allowed  for 
lands  embraced  in  reservoir  declaratory  statements,  prior  to  the 
completion  of  the  reservoir  and  the  approval  of  the  map,  subject, 
however,  to  cancellation  if  the  reservoir  is  completed  within  the 
time  specified  by  the  Act. 

28.  Declaratory  Statement. — Any  person,  live-stock  company, 
or  transportation  corporation  engaged  in  breeding,  grazing,  driv- 
ing, or  transporting  live  stock,  desiring  to  obtain  the  benefits  of 
the  Act  must  file  a  declaratory  statement  in  the  United  States  Land 
Office  in  the  district  in  which  the  land  is  located. 

29.  Application  by  Corporation. — When  the  applicant  is  a  cor- 
poration there  should  be  filed  a  copy  of  its  articles  of  incorporation 
and  proofs  of  its  organization,  as  required  in  section  8,  paragraphs 
a,  b,  c,  d,  e,  f,  and  k  of  these  regulations.     If  these  papers  are  filed 
with  the  first  declaratory  statement  made  by  the  company,  a  refer- 
ence thereto  by  its  number  will  be  sufficient  in  any  subsequent 
application  by  the  company. 

The  declaratory  statement  must  be  made  under  oath  and  should 
be  drawn  in  accordance  with  Form  9  (page  27),  and  must  contain 
the  following: 

(a)  The  post-office  address  of  the  applicant;  the  name  of  the 
county  in  which  the  reservoir  is  to  be  or  has  been  constructed ;  the 
description  by  the  smallest  legal  subdivision  (40-acre  tracts  or  lots) 
of  the  land  sought  to  be  reserved  which  under  no  circumstances 
must  exceed  160  acres;  certificate  that  the  land  is  not  occupied  or 
otherwise  claimed;  certificate  that  to  the  best  of  the  applicant's 
knowledge  and  belief  the  land  is  not  mineral  or  otherwise  reserved ; 
statement  of  the  business  of  the  applicant,  which  statement  shall 
include  full  and  minute  information  concerning  the  extent  to  which 


102 

he  is  engaged  in  breeding,  grazing,  driving,  or  transporting  live 
stock,  the  number  and  kinds  of  such  stock,  the  place  where  they  are 
being  bred  or  grazed,  whether  within  an  inclosure  or  upon  unin- 
closed  lands,  and  also  the  points  from  which  and  to  which  they  are 
being  driven  or  transported;  description  of  the  land  owned  or 
claimed  by  the  applicant  in  the  vicinity  of  the  proposed  reservoir 
and  statement  of  its  amount;  certificate  that  no  part  of  the  land 
sought  to  be  reserved  is  or  will  be  fenced,  that  all  the  land  will  be 
kept  open  to  the  free  use  of  any  person  desiring  to  water  animals 
of  any  kind;  and  that  the  lands  so  sought  to  be  reserved  are  not, 
by  reason  of  their  proximity  to  other  lands  reserved  for  reservoirs, 
excluded  from  reservation  by  the  regulations  and  rulings  of  the 
Land  Department. 

(b)  The  location  of  the  reservoir  described  by  the  smallest 
legal  subdivisions   (40-acre  tracts  or  lots),  its  area  in  acres,  its 
capacity  in  gallons,  the  source  from  \vhich  water  is  to  be  obtained 
for  such  reservoir,  whether  there  are  any  streams  or  springs  within 
2  miles  of  the  land  sought  to  be  reserved ;  ai:d  if  so,  where. 

(c)  The  numbers,  locations,  and  areas  of  all  other  reservoir 
sites  filed  upon  by  the  applicant,  especially  designating  those  in  the 
county  in  which  the  proposed  reservoir  is  located. 

30.  Action  by  the  Land  Department  on  Declaratory  Statements, 
and  Size,  Location,  and  Number  of  Reservoir  Sites. — When  such 
declaratory  statement  is  filed,  the  date  of  filing  will  be  noted 
thereon  over  the  signature  of  the  officer  receiving  it,  and  the  state- 
ments will  be  numbered  according  to  order  of  June  1,  1908.  The 
Register  will  make  the  usual  notations  on  the  records,  in  pencil, 
under  the  designation  of  "Reservoir  declaratory  statement  No.  — , " 
adding  the  date  of  the  act.  For  the  filing  of  such  reservoir  declar- 
atory statement  the  local  officers  will  be  authorized  to  charge  the 
usual  fees.  (Sec.  2238,  U.  S.  Rev.  Stat.)  The  local  officers  will 
forward  the  declaratory  statement  with  the  regular  monthly  re- 
turns, with  abstracts,  in  the  usual  manner.  In  acting  upon  these 
statements  the  following  general  rules  will  be  applied: 

(a)  No  reservation  will  be  made  for  a  reservoir  of  less  than 
250,000  gallons  capacity,  and  for  a  reservoir  of  less  than  500,000 
gallons  capacity  not  more  than  40  acres  can  be  reserved.    For  a 
reservoir  of  500,000  gallons  and  less  than  1,000,000  gallons  capacity 
not  more  than  80  acres  can  be  reserved.     For  a  reservoir  of  1,000,- 
000  gallons  and  less  than  1,500,000  gallons  capacity  not  more  than 
120  acres  can  be  reserved.    For  a  reservoir  of  1,500,000  gallons 
capacity  or  more  160  acres  may  be  reserved. 

(b)  Not  more  than  160  acres  shall  be  reserved  for  this  purpose 
in  any  section. 

(c)  Not  more  than  160  acres.shall  be  reserved  for  this  purpose 
in  one  group  of  tracts  adjoining  or  cornering  upon  each  other. 

(d)  A  distance  of  one-half  mile  must  be  left  between  any  two 
groups  of  tracts  which  aggregate  more  than  160  acres. 

(e)  The  local  officers  will  reject  any  reservoir  declaratory  state- 
ment not  in  conformity  with  these  rules. 

(f)  Lands  so  reserved  shall  not  be  fenced,  but  shall  be  kept 
open  to  the  free  use  of  any  person  desiring  to  water  animals  of  any 
kind.     If  lands  so  reserved  are  at  any  time  fenced  or  otherwise 


103 

inclosed,  or  if  they  are  not  kept  open  to  the  free  use  of  any  person 
desiring  to  water  animals  of  any  kind,  or  if  the  reservoir  applicant 
attempts  to  use  for  any  other  purpose,  or  if  the  reservation  is  not 
obtained  for  the  bona  fide  and  exclusive  purpose  of  constructing 
and  maintaining  a  reservoir  thereon  according  to  law,  the  declara- 
tory statement,  upon  any  such  mattter  being  made  to  appear,  will 
be  canceled  and  all  rights  thereunder  be  declared  at  an  end. 

(g)  Notwithstanding  the  action  of  the  local  officers  in  accept- 
ing any  such  declaratory  statement,  the  Commissioner  of  the  Gen- 
eral Land  Office  will  reject  the  same  if  upon  considering  the  mat- 
ters set  forth  therein  it  appears  that  the  declaratory  statement  is 
not  filed  in  good  faith  for  the  sole  purpose  of  accomplishing  what 
the  law  authorizes  to  be  done. 

31.  Construction. — The  reservoir  must  be  completed  and  con- 
structed within  two  years  after  the  filing  of  the  declaratory  state- 
ment;   otherwise    the    declaratory    statement    will    be    subject    to 
cancellation. 

32.  Map  and  Field  Notes  of  Constructed  Reservoir. — After  the 
construction  and  completion  of  the  reservoir  the  applicant  shall 
have  the  same  accurately  surveyed  and  mapped,  in  accordance  with 
the  instructions  of  sections  10  to  22,  inclusive,  so  far  as  they  are 
applicable.     The  map  and  field  notes,  which  are  not  to  be  prepared 
in  duplicate,  must  be  filed  in  the  proper  local  office.    The  map  must 
bear  Forms  10  and  11  (p.  116),  and  the  field  notes  must  be  sworn  to 
by  the  surveyor. 

33.  Notations  by  Local  Land  Officers. — When  the  map,  field 
notes,  and  other  papers  have  been  filed  in  the  local  office,  the  date 
of  filing  will  be  noted  thereon  and  the  proper  notations  will  be 
made  on  the  local  office  records,  as  in  the  case  of  the  declaratory 
statement.     Local  officers  will  then  promptly  forward  the  maps  and 
papers  to  the  General  Land  Office. 

34.  Approval. — The  map  and  papers  will  be  examined  in  the 
General  Land  Office  to  determine  whether  they  comply  with  the 
law  and  the  regulations,  and  whether  the  amount  of  land  desired  is 
warranted  by  the  showing  made  in  the  application.     If  found  satis- 
factory they  will  be  submitted  to  the  Secretary  of  the  Interior,  and 
upon  approval  the  lands  shown  to  be  necessary  for  the  proper  use 
and  enjoyment  of  the  reservoir  will  be  reserved  from  other  disposi- 
tion so  long  as  the  reservoir  is  maintained  and  water  kept  therein 
for  the  purposes  named  in  the  Act.     Upon  the  receipt  of  notice  of 
such  reservation  from  the  General  Land  Office  the  local  officers  will 
make  the  proper  notations  on  their  records  and  report  the  making 
thereof  promptly  to  the  General  Land  Office. 

35.  Annual  Proof  of  Maintenance. — In  order  that  this  reserva- 
tion shall  be  continued  it  is  necessary  that  the  reservoir  "shall  be 
kept  in  repair  and  water  kept  therein."     For  this  reason  the  owner 
of  the  reservoir  will  be  required  during  the  month  of  January  of 
each  year  to  file  in  the  local  office  an  affidavit  to  the  effect  that 
the  reservoir  has  been  kept  in  repair  and  water  kept  therein  during 
the  preceding  year,  and  that  all  the  provisions  of  the  Act  have  been 
complied  with.     Form  12    (p.  29)   will  be  used  for  this  affidavit. 
Upon  failure  to  file  such  affidavit  steps  will  be  taken  looking  to  the 
revocation  of  the  reservation  of  the  lands. 


104 

36.  Reservoir  on  Unsurveyed  Land. — If  the  reservoir  is  located 
on  unsurveyed  land,  the  declaratory  statement  may  be  filed,  the 
lands  being  described  as  closely  as  practicable. 

The  widely  different  conditions  to  be  considered  in  the  opera- 
tions proposed  by  the  applicants  make  it  impossible  to  formulate 
regulations  that  will  furnish  the  data  necessary  in  all  cases.  Addi- 
tional information  will  be  called  for  whenever  necessary  for  the 
proper  consideration  of  any  particular  case. 

TELEGRAPH  AND  TELEPHONE  LINES,  ELECTRICAL  PLANTS,  CANALS, 

AND  RESERVOIRS. 

37.  General   Statement.— The   Act   of  February   15,   1901    (31 
Stat.,  790),  entitled  "An  Act  relating  to  rights  of  way  through 
certain  parks,  reservations,  and  other  public  lands,"  is  as  follows: 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  of  the  Interior 
be,  and  hereby  is,  authorized  and  empowered,  under  general  regulations  to  be 
fixed  by  him,  to  permit  the  use  of  rights  of  way  through  the  public  lands, 
forest  and  other  reservations  of  the  United  States,  and  the  Yosemite,  Sequoia, 
and  General  Grant  national  parks,  California,  for  electrical  plants,  poles,  and 
lines  for  the  generation  and  distribution  of  electrical  power,  and  for  telephone 
and  telegraph  purposes,  and  for  canals,  ditches,  pipes  and  pipe  lines,  flumes, 
tunnels,  or  other  water  conduits,  and  for  water  plants,  dams,  and  reservoirs 
used  to  promote  irrigation  or  mining  or  quarrying,  or  the  manufacturing  or 
cutting  of  timber  or  lumber,  or  the  supplying  of  water  for  domestic,  public, 
or  any  other  beneficial  uses  to  the  extent  of  the  ground  occupied  by  such 
canals,  ditches,  flumes,  tunnels,  reservoirs,  or  other  water  conduits  or  water 
plants,  or  -electrical  or  other  works  permitted  hereunder,  and  not  to  exceed 
fifty  feet  on  each  side  of  the  marginal  limits  thereof,  or  not  to  exceed  fifty 
feet  on  each  side  of  the  center  line  of  such  pipes  and  pipe  lines,  electrical, 
telegraph,  and  telephone  lines  and  poles,  by  any  citizen,  association,  or  cor- 
poration of  the  United  States,  where  it  is  intended  by  such  to  exercise  the 
use  permitted  hereunder  or  any  one  or  more  of  the  purposes  herein  named: 
Provided,  That  such  permits  shall  be  allowed  within  or  through  any  of  said 
parks  or  any  forest,  military,  Indian,  or  other  reservation  only  upon  the 
approval  of  the  chief  officer  of  the  Department  under  whose  observation  such 
park  or  reservation  falls  and  upon  a  finding  by  him  that  the  same  is  not 
incompatible  with  the  public  interest:  Provided  further,  That  all  permits 
given  hereunder  for  telegraph  and  telephone  purposes  shall  be  subject  to  the 
provision  of  title  sixty-five  of  the  Revised  Statutes  of  the  United  States,  and 
amendments  thereto,  regulating  rights  of  way  for  telegraph  companies  over 
the  public  domain:  And  provided  further,  That  any  permission  given  by  the 
Secretary  of  the  Interior  under  the  provisions  of  this  act  may  be  revoked 
by  him  or  his  successor  in  his  discretion,  and  shall  not  be  held  to  confer  any 
right,  or  easement,  or  interest  in,  to,  or  over  any  public  land,  reservation  or 
park. 

This  Act,  in  general  terms,  authorizes  the  Secretary  of  the 
Interior,  under  regulations  to  be  fixed  by  him,  to  grant  permission 
to  use  rights  of  way  through  the  public  lands,  forest  and  other 
reservations  of  the  United  States,  and  the  Yosemite,  Sequoia,  and 
General  Grant  national  parks  in  California,  for  every  purpose  con- 
templated by  Acts  of  January  21,  1895  (28  Stat.,  635),  May  14, 
1896  (29  Stat,,  120),  and  section  1  of  the  Act  of  May  11,  1898  (30 
Stat.,  404),  and  for  other  purposes  additional  thereto,  except  for 
tramroads,  the  provisions  relating  to  tramroads,  contained  in  the 
Act  of  1895  and  in  section  1  of  the  Act  of  1898,  aforesaid,  remain- 
ing unmodified  and  not  being  in  any  manner  extended. 

Although  this  Act  does  not  expressly  repeal  any  provision  of 
law  relating  to  the  granting  of  permission  to  use  rights  of  way 
contained  in  the  Acts  referred  to,  yet  in  view  of  the  general  scope 


105 

and  purpose  of  the  Act,  and  of  the  fact  that  Congress  has,  with  the 
exception  above  noted,  embodied  therein  the  main  features  of  the 
former  Acts  relative  to  the  granting  of  a  ntciv  permission  or  license 
for  such  use,  it  is  evident  that,  for  purposes  of  administration,  the 
later  Act  should  control  in  so  far  as  it  pertains  to  the  granting  of 
permission  to  use  rights  of  way  for  purposes  therein  specified. 
Accordingly  all  applications  for  permission  to  use  rights  of  way 
for  the  purposes  specified  in  this  Act  must  be  submitted  thereunder. 
Where,  however,  it  is  sought  to  acquire  a  right  of  way  for  the  main 
purpose  of  irrigation,  as  contemplated  by  sections  18  to  21  of  the 
Act  of  March  3,  1891  (26  Stat.,  1095),  and  section  2  of  the  Act  of 
May  11,  1898,  supra,  the  application  must  be  submitted  in  accord- 
ance with  the  regulations  issued  under  said  Acts.  (See  pp.  4  to  14, 
inclusive.) 

Application  for  permission  to  use  the  desired  right  of  way 
through  the  public  lands  and  parks  designated  in  the  Act  must  be 
filed  and  permission  must  be  granted,  as  herein  provided,  before 
any  rights  can  be  claimed  thereunder. 

38.  Nature  of  Grant. — It  is  to  be  specially  noted  that  this  Act 
does  not  make  a  grant  in  the  nature  of  an  easement  but  authorizes 
a  mere  permit  in  the  nature  of  a  license,  which  permit  may  be 
revoked  by  the  Secretary,  or  his  successor,  at  any  time  in  his  dis- 
cretion.    Further  it  gives  no  right  whatever  to  take  from  public 
lands,  reservations,   or  parks  adjacent   to  the  right  of  wray   any 
materials,  earth  or  stone,  for  construction  or  other  purposes. 

43.  National  Parks. — Whenever  a  right  of  way  is  through  any 
of  the  national  parks  designated  in  the  Act,  the  applicant  must 
show  to  the  satisfaction  of  the  Department  that  the  location  and  use 
of  the  right  of  way  for  the  purposes  contemplated  will  not  interfere 
with  the  uses  and  purposes  for  which  the  park  was  originally  dedi- 
cated, and  will  not  result  in  damage  or  injury  to  the  natural  con- 
ditions of  property  or  scenery  existing  therein.  The  applicant  must 
also  file  the  stipulations  and  bond  required  by  section  6,  but,  in  case 
of  a  telephone  line,  substitute  the  following:  "That  upon  com- 
pletion of  the  telephone  lines  they  shall  be  subject  to  the  free  use  of 
the  park  officers  for  all  purposes  incident  to  the  administration  of 
the  park,"  for  stipulation  (e)  under  said  section  6. 

Whenever  right  of  way  within  a  park  is  desired  for  operations 
in  connection  with  mining,  quarrying,  cutting  timber,  or  manu- 
facturing lumber,  a  satisfactory  showing  must  be  made  of  the  appli- 
cant's right  to  engage  in  such  operations  within  the  park.  If  the 
application  and  the  showing  made  in  support  thereof  is  satisfactory, 
the  Secretary  of  the  Interior  will  give  the  required  permission  in 
such  form  as  may  be  deemed  proper,  according  to  the  features  of 
each  case ;  and  any  permission  granted  hereunder  is  also  subject  to 
such  further  and  future  regulations  as  may  be  adopted  by  the 
Department.  Amended  Circular  No.  108,  May  7,  1912. 

39.  Applications  for  Right  of  Way  Through  National  Forests. — 
By  section  1  of  the  Act  of  February  1,  1905  (33  Stat.,  628),  it  is 
provided : 

That  the  Secretary  of  the  Department  of  Agriculture  shall,  from  and 
after  the  passage  of  this  act,  execute  or  cause  to  be  execute'!  all  laws  affecting 
public  lands  heretofore  or  hereafter  reserved  under  the  provisions  of  section 
twenty-four  of  the  act  entitled  "An  act  to  repeal  the  timber-culture  laws,  and 


106 

for  other  purposes,"  approved  March  third,  eighteen  hundred  and  ninety- 
one,  and  acts  supplemental  to  and  amendatory  thereof,  after  such  lands  have 
been  so  reserved,  excepting  such  laws  as  affect  the  surveying,  prospecting, 
locating,  appropriating,  entering,  relinquishing,  reconveying,  certifying,  or  pat- 
enting of  any  such  lands. 

Under  this  provision  it  has  been  determined  that  the  Depart- 
ment of  Agriculture  is  invested  with  jurisdiction  to  pass  upon  all 
applications  under  any  law  of  the  United  States  providing  for  the 
granting  of  a  permission  to  occupy  and  use  lands  in  a  national  forest, 
provided  this  occupation  or  use  is  temporary,  and  will  in  no  wise 
affect  the  fee  or  cloud  the  title  of  the  United  States  should  the 
reserve  be  discontinued. 

Therefore,  when  it  is  desired  to  obtain  permission  to  use  a  right 
of  way  over  public  lands  wholly  within  a  national  forest,  an  appli- 
cation should  be  prepared  in  accordance  with  the  instructions  issued 
by  the  Department  of  Agriculture,  and  the  same  filed  with  the 
officer  in  charge  of  such  national  forest. 

In  case  the  application  involves  rights  and  privileges  upon  pub- 
lic lands  partly  within  and  partly  without  a  national  forest,  sepa- 
rate applications  must  be  prepared,  and  the  one  affecting  lands 
within  the  national  forest  filed  with  the  forest  officer  and  the  other 
filed  in  the  local  land  office. 

40.  Applications  for  Right  of  Way  Through  Land  Outside  of 
National  Forests. — Where  permission  to  use  a  right  of  way  over 
lands  wholly  outside  of  national  forests  is  desired,  the  application 
must  be  prepared  and  filed  in  accordance  with  sections  4  to  22, 
inclusive,  appropriate  changes  being  made  in  the  prescribed  forms 
BO  as  to  specify  and  relate  to  the  Act  under  which  the  application 
is  made. 

An  affidavit  by  the  applicant  that  he  is  a  citizen  of  the  United 
States  must  accompany  the  application.  If  the  applicant  is  an  asso- 
ciation of  citizens,  each  member  must  make  affidavit  of  citizenship, 
and  a  complete  list  of  the  members  must  be  given  in  an  affidavit  by 
one  of  them.  If  he  is  not  a  native-born  citizen  he  must  file  the 
usual  proofs  of  naturalization.  The  applicant  must  also  set  forth  in 
the  affidavit  the  purposes  for  which  the  right  of  way  is  to  be  used, 
and  must  show  that  he  in  good  faith  intends  to  utilize  the  same 
for  such  purposes. 

41.  Buildings  to  Be  Platted  on  Map  in  Main  Drawing  and  in 
Separate  Drawing. — When  application  is  made  for  right  of  way  for 
electrical  or  water  plants,  the  location  and  extent  of  ground  pro- 
posed to  be  occupied  by  buildings  or  other  structures  necessary  to 
be  used  in  connection  therewith  must  be  clearly  designated  on  the 
map  and  described  in  the  field  notes  and  forms  (7  and  8,  p.  27)  by 
reference  to  course  and  distance  from  a  corner  of  the  public  survey. 
In  addition  to  being  shown  in  connection  with  the  main  drawing, 
the  buildings  or  other  structures  must  be  platted  on  the  map  in  a 
separate  drawing  on  a  scale  sufficiently  large  to  show  clearly  their 
dimensions  and  relative  positions.    When  two  or  more  of  such  pro- 
posed structures  are  to  be  located  near  each  other,  it  will  be  suffi- 
cient to  give  the  reference  to  a  corner  of  the  public  survey  for  one 
of  them,  provided  all  the  others  are  connected  therewith  by  course 
and  distance  shown  on  the  map.     The  applicant  must  also  file  an 
affidavit  setting  forth  the  dimensions  and  proposed  use  of  each  of 


107 

the  structures,  and  must  show  definitely  that  each  one  is  necessary 
for  a  proper  use  of  the  right  of  way  for  the  purposes  contemplated 
in  the  Act. 

42.  Unsurveyed  Lands. — Permission  may  be   given  under  this 
Act  (February  15,  1901)  for  rifhts  of  way  upon  unsurveyed  lands, 
maps  to  be  prepared  in  accordance  with  the  requirements  of  this 
circular. 

43.  See  Addenda,  page  191. 

44.  Indian  Reservations. — Applications  for  right  of  way  under 
this  Act,  all  of  which  is  located  upon  land  within  an  Indian  reserva- 
tion, must  be  filed  with  the  Commissioner  of  Indian  Affairs.    Appli- 
cations for  right  of  way  affecting  lands  within  and  without  Indian 
reservations  must  be  filed  in  the  local  land  office  for  forwarding  to 
the  Commissioner  of  the  General  Land  Office.    Before  such  applica- 
tions are  transmitted  to  the  Department  they  will  be  submitted  by 
the  Commissioner  of  the  General  Land  Office  to  the  Commissioner  of 
Indian  Affairs  for  such  action  and  recommendation  as  that  officer 
may  deem  proper  in  so  far  as  the  same  pertains  to  such  Indian  reser- 
vation.    Applicants  will  be  required  to  furnish,  in  triplicate,  so 
much  of  the  map  and  field  notes  as  relate  to  that  portion  of  the  right 
of  way  within  an  Indian  reservation ;  and  if  the  application  is  sub- 
sequently granted,  one  copy  of  such  portion  of  the  map  and  field 
notes  as  pertains  to  such  reservation  will  be  placed  on  file  in  the 
Indian  Office.    In  this  connection,  attention  is  directed  to  the  pro- 
visions of  section  3  of  the  Act  of  March  3,  1901  (31  Stat.,  1083), 
which  authorizes  the  granting  of  permanent  rights  of  way,  in  the 
nature  of  easements,  for  telegraph  and  telephone  purposes  only, 
through  Indian  reservations  and  other  Indian  lands,  upon  payment 
of  proper  compensation  for  the  benefit  of  the  Indians  interested 
therein.    The  provisions  of  the  Act  of  March  3,  1901,  and  the  nature 
and  character  of  the  rights  authorized  to  be  secured  thereunder 
differ  materially  from  the  provisions  of  the  Act  on  which  these 
regulations  are  based  and  the  rights  authorized  to  be  conferred 
thereunder.     Applicants,  therefore,  desiring  to  secure  permanent 
rights  of  way  through  Indian  reservations  or  other  Indian  lands  for 
telegraph  and  telephone  purposes  will  be  required  to  submit  their 
applications  therefor  under  the  Act  of  March  3,  1901,  supra,  in 
accordance  with  the  then  current  regulations  issued  thereunder^ 
(For  existing  regulations  under  said  Act,  see  regulations  approved^ 
March  26,  1901.) 

45.  Notations  and  Procedure. — Upon  the  filing  of  an  application 
under  this  act,  the  Register  will  note  the  same  in  pencil  on  the  tract 
books,  opposite  the  tracts  traversed,  giving  date  of  filing  and  name 
of  applicant,  and  also  indorse  on  each  map,  over  his  written  signa- 
ture, the  date  of  filing.    If  it  appears  that  no  portion  of  the  public 
lands  or  parks  designated  in  the  Act  would  be  affected  by  the 
approval  of  such  maps,  they  will  be  returned  to  the  applicant  with 
notice  of  that  fact.    If  vacant  public  land  or  lands  in  any  park  so 
designated  are  affected  by  the  proposed  right  of  way,  the  Register 
will  so  certify  on  the  map  and  duplicate  over  his  signature,  and 
will  promptly  transmit  the  same  to  the  General  Land  Office  with 
report  that  the  required  notations  have  been  made. 

When  permission  to  use  the  right  of  way  applied  for  is  given  by 
the  Secretary  of  the  Interior,  a  copy  of  the  original  map  will  be 


108 

sent  to  the  local  officers,  who  will  mark  upon  the  township  plats  the 
line  of  the  right  of  way  and  will  note  in  pencil,  opposite  each  tract 
of  public  land  affected,  that  such  permission  has  been  given,  the 
date  thereof,  and  a  reference  to  the  Act. 

TEAMEOADS. 

46.  Rights  of  "Ways  for  Tramroads. — The  Secretary  of  the 
Interior  is  authorized  to  permit  the  use  of  rights  of  way  for  tram- 
roads  through  the  public  lands  of  the  United  States,  not  within 
the  limits  of  any  park,  national  forest,  or  military  or  Indian  reser- 
vation under  the  provisions  of  the  Act  of  Congress  of  January  21, 
1895  (28  Stat.,  635),  as  amended  by  section  1  of  the  Act  of  May 
11,  1898  (30  Stat.,  404).  The  Act  of  January  21,  1895,  entitled  "An 
Act  to  permit  the  use  of  the  right  of  way  through  the  public  lands 
for  tramroads,  canals,  and  reservoirs,  and  for  other  purposes,"  is  as 
follows : 

Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  of  the  Interior 
be,  and  hereby  is,  authorized  and  empowered,  under  general  regulations  to 
be  fixed  by  him,  to  permit  the  use  of  the  right  of  way  through  the  public 
lands  of  the  United  States,  not  within  the  limits  of  any  park,  forest,  military, 
or  Indian  reservation,  for  tramroads,  canals,  or  reservoirs  to  the  extent  of 
the  ground  occupied  by  the  water  of  the  canals  and  reservoirs  and  fifty  feet 
on  each  side  of  the  marginal  limits  thereof;  or  fifty  feet  on  each  side  of  the 
center  line  of  the  tramroad,  by  any  citizen  or  any  association  of  citizens  of 
the  United  States  engaged  in  the  business  of  mining  or  quarrying  or  of  cut- 
ting timber  and  manufacturing  lumber. 

This  Act  was  amended  by  section  1  of  the  Act  of  May  11,  1898, 
supra,  as  follows: 

Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  act  entitled  "An  act  to 
permit  the  use  of  the  right  of  way  through  the  public  lands  for  tramroads, 
canals,  and  reservoirs,  and  for  other  purposes,"  approved  January  twenty- 
first,  eighteen  hundred  and  ninety-five,  be,  and  the  same  is  hereby,  amended 
by  adding  thereto  the  following: 

"That  the  Secretary  of  the  Interior  be,  and  hereby  is,  authorized  and 
empowered,  under  general  regulations  to  be  fixed  by  him,  to  permit  the  use 
of  right  of  way  upon  the  public  lands  of  the  United  States,  not  within  limits 
of  any  park,  forest,  military,  or  Indian  reservations,  for  tramways,  canals, 
or  reservoirs,  to  the  extent  of  the  ground  occupied  by  the  water  of  the 
canals  and  reservoirs,  and  fifty  feet  on  each  side  of  the  marginal  limits  thereof, 
or  fifty  feet  on  each  side  of  the  center  line  of  the  tramroad,  by  any  citizen 
or  association  of  citizens  of  the  United  States,  for  the  purposes  of  furnishing 
water  for  domestic,  public,  and  other  beneficial  uses." 

Applications  for  permission  to  use  rights  of  way  for  tramroads 
should  be  prepared  and  filed  in  accordance  with  the  regulations 
hereinbefore  prescribed  relative  to  presentation  of  applications  for 
rights  of  way  under  the  Act  of  February  15,  1901,  and  the  then 
current  regulations  issued  under  the  general  railroad  right-of-way 
Act  of  March  3,  1875  (for  existing  regulations  under  the  latter  Act 
see  32  L.  D.,  481),  the  prescribed  forms  in  such  regulations  being  so 
modified  as  to  specify  and  relate  to  the  Acts  under  which  the  appli- 
cation is  made.  It  is  to  be  specially  noted  that  the  Acts  relating  to 
tramroads  do  not  authorize  the  granting  of  permission  to  use  rights 
of  way  for  such  purpose  within  the  limits  of  any  park,  national 
forest,  or  military  or  Indian  reservation,  and  it  is  to  be  further 
noted  that  permission  .to  use  rights  of  way  for  tramroads  over  pub- 
lic lands,  when  granted,  only  confers  a  right  in  the  nature  of  a 


109 

license  and  is  subject  to  all  the  conditions  and  limitations  herein- 
before stated  in  section  43  of  these  regulations. 

EIGHT  OF  WAY  THROUGH  NATIONAL  FORESTS  FOR  DAMS,  RESER- 
VOIRS, WATER  PLANTS,  DITCHES,  FLUMES,  PIPES,  TUNNELS  AND 
CANALS  FOR  MUNICIPAL  OR  MINING  PURPOSES. 

47.  General    Statement. — Section    4,  of    the    Act    of    Congress 
approved  February  1,  1905  (33  Stat.,  628),  reads  as  follows: 

Sec.  4.  That  rights  of  way  for  the  construction  and  maintenance  of  dams, 
reservoirs,  water  plants,  ditches,  flumes,  pipes,  tunnels,  and  canals,  within 
and  across  the  forest  reserves  of  the  United  States,  are  hereby  granted  to 
citizens  and  corporations  of  the  United  States  for  municipal  or  mining  pur- 
poses of  the  milling  and  reduction  of  ores,  during  the  period  of  their  beneficial 
use,  under  such  rules  and  regulations  as  may  be  prescribed  by  the  Secretary 
of  the  Interior,  and  subject  to  the  laws  of  the  State  or  Territory  in  which 
said  reserves  are  respectively  situated. 

This  act  grants  rights  of  way  through  national  forests  to  citizens 
and  corporations  of  the  United  States  for  the  objects  therein  speci- 
fied, during  the  period  of  their  beneficial  use,  under  rules  and  regu- 
lations to  be  prescribed  by  the  Secretary  of  the  Interior,  and  sub- 
ject to  the  laws  of  the  State  or  Territory  in  which  said  forests  are 
situated. 

All  applications  for  the  right  of  way  for  the  purposes  set  forth 
in  said  Act  must  be  submitted  in  accordance  herewith. 

No  construction  will  be  allowed  in  national  forests  until  an  appli- 
cation for  right  of  way  has  been  regularly  filed  in  accordance  with 
these  regulations  and  has  been  approved  by  the  Secretary  of  the 
Interior,  or  unless  permission  has  been  specifically  given. 

48.  Nature  of  Grant. — The  right  granted  is  not  in  the  nature 
of  a  grant  of  lands,  but  is  a  base  or  qualified  fee,  giving  the  pos- 
session and  right  of  use  of  the  land  for  the  purposes  contemplated 
by  the  Act,  during  the  period  of  the  beneficial  use.     "When  the  use 
ceases  the  right  terminates,  and  thereupon  proper  steps  will  be 
taken  to  revoke  the  grant. 

No  right  whatever  is  given  to  take  any  material,  earth,  or  stone 
for  construction  or  other  purposes,  nor  is  any  right  given  to  use 
any  land  outside  of  what  is  actually  necessary  for  the  construction 
and  maintenance  of  the  works. 

49.  Preparation  and  Applications. — Applications  for  right   of 
way  under  this  Act  should  be  made  in  the  form  of  a  map  and  field 
notes,  in  duplicate,  and  must  be  filed  in  the  local  land  office  for  the 
district  in  which  the  land  traversed  by  the  right  of  way  is  situated ; 
if  the  land  is  in  more  than  one  district,  duplicate  maps  and  field 
notes  need  be  filed  in  only  one  district  and  single  sets  in  the  others. 
The  maps,  field  notes,  evidence  of  water  rights,  etc.,  and,  when  the 
applicant  is  a  corporation,  the  articles  of  incorporation  and  proofs 
of  organization  must  be  prepared  and  filed  in  accordance  with  sec- 
tions 7  to  21,  inclusive,  appropriate  changes  being  made  in  the  pre- 
scribed forms  so  as  to  specify  and  relate  to  the  Act  under  which 
the  application  is  made. 

An  affidavit  by  the  applicant  that  he  is  a  citizen  of  the  United 
States  must  accompany  the  application.  If  the  applicant  is  an  asso- 
ciation of  citizens,  each  member  must  make  affidavit  of  citizenship, 
and  a  complete  list  of  the  members  must  be  given  in  an  affidavit  of 
one  of  them.  A  copy  of  their  articles  of  association  must  also  be 


110 

furnished,  or  if  there  be  none,  the  fact  must  be  stated  over  the 
signature  of  each  member  of  the  association. 

If  the  applicant  is  not  a  native-born  citizen,  he  must  file  the 
usual  proof  of  naturalization.  The  applicant  must  set  forth  in  the 
affidavit  the  purposes  for  which  the  right  of  way  is  desired. 

50.  Water-Plant    Structures. — When   application   is   made   for 
right  of  way  for  water  plants,  the  location  and  extent  of  ground 
proposed  to  be  occupied  by  buildings,  or  other  structures  necessary 
to  be  used  in  connection  therewith,  must  be  clearly  designated  on 
the  map  and  described  in  the  field  notes  and  forms  (7  and  8,  p.  27) 
by  reference  to  course  and  distance  from  a  corner  of  the  public 
survey.     In  addition  to  boing  shown  in  connection  with  the  main 
drawing,  the  buildings  or  other  structures  must  be  platted  on  the 
map  in  a  separate  drawing  on  a  scale  sufficiently  large  to  show 
clearly  their  dimensions  and  relative  positions.     When  two  or  more 
of  such  structures  are  to  be  located  near  each  other,  it  will  be 
sufficient  to  give  the  reference  to  a  corner  of  the  public  survey  for 
one  of  them,  provided  all  others  are  connected  therewith  by  course 
and  distance  shown  on  the  map. 

The  applicant  must  also  file  an  affidavit  setting  forth  the  dimen- 
sions and  proposed  use  of  each  of  the  structures,  and  must  show 
definitely  that  each  is  necessary  to  a  proper  enjoyment  of  the  right 
of  way  granted  by  the  Act. 

51.  Stipulation  and  Bond. — The  applicant  must  enter  into  such 
stipulation  and  execute  such  bond  as  the  Forest  Service  may  require 
for  the  protection  of  the  national  forest. 

52.  Notation  by  Register. — Upon  the  filing  of  an  application 
under  this  Act,  the  register  will  note  the  same  in  pencil  on  the  tract 
books,  opposite  the  tracts  traversed,  giving  date  of  filing  and  name 
of  applicant,  and  also  indorse  on  each  map  over  his  written  signa- 
ture the  name  of  the  land  office  and  the  date  of  filing. 

If  it  appears  that  no  portion  of  the  public  lands  in  a  national 
forest  would  be  affected  by  the  approval  of  such  maps,  they  will 
be  returned  to  the  applicant  with  notice  of  that  fact.  If  unpatented 
lands  are  affected  by  the  proposed  right  of  way,  the  Register  will 
so  certify  on  the  map  and  duplicate,  over  his  signature,  and  will 
promptly  transmit  the  same  to  the  General  Land  Office,  with  report 
that  the  required  notations  have  been  made. 

Upon  the  approval  of  a  map  of  location  by  the  Secretary  of  the 
Interior,  the  duplicate  copy  will  be  sent  to  the  local  officers,  who 
will  mark  upon  the  township  plats  the  lines  of  the  right  of  way  as 
laid  down  on  the  map.  They  will  also  note  the  approval  in  ink  on 
the  tract  books,  opposite  each  legal  subdivision  affected,  with  a 
reference  to  the  Act  mentioned  on  the  map. 

53.  Right  of  Way  Through  Unsurveyed  Land. — Maps  showing 
reservoirs,  canals,  water  plants,  etc.,  wholly  upon  unsurveyed  lands 
will  be  received  and  placed  on  file  in  the  General  Land  Office  and 
the  local  land  office  of  the  district  in  which  the  same  is  located,  for 
general  information,  and  the  date  of  filing  will  be  noted  thereon. 

Fred  Dennett, 

Commissioner. 
Approved  June  6,  1908. 

Frank  Pierce, 
Acting  Secretary. 


Ill 

[Circular  No.  5.] 

ADDENDA   TO   RIGHT-OF-WAY  REGULATIONS. 
Application  for  Easements  for  Power-Transmission  Lines,  etc. 

Department  of  the  Interior, 

Washington,  April  14,  1911. 
The  Commissioner  of  the  General  Land  Office. 

Sir:  Your  attention  is  called  to  that  part  of  the  Act  of  March 
4,  1911  (Public,  No.  478),  which  reads  as  follows: 

That  the  head  of  the  department  having  jurisdiction  over  the  lands  be, 
and  he  hereby  is,  authorized  and  empowered,  under  general  regulations  to 
be  fixed  by  him,  to  grant  an  easement  for  rights  of  way,  for  a  period  not 
exceeding  fifty  years  from  the  date  of  the  issuance  of  such  grant,  over,  across, 
and  upon  the  public  lands,  national  forests,  and  reservations  of  the  United 
States  for  electrical  poles  and  lines  for  the  transmission  and  distribution 
of  electrical  power,  and  for  poles  and  lines  for  telephone  and  telegraph  pur- 
poses, to  the  extent  of  twenty  feet  on  each  side  of  the  center  line  of  such 
electrical,  telephone  and  telegraph  lines  and  poles,  to  any  citizen,  associa- 
tion, or  corporation  of  the  United  States,  where  it  is  intended  by  such  to 
exercise  the  right  of  way  herein  granted  for  any  one  or  more  of  the  purposes 
herein  named:  Provided,  That  such  right  of  way  shall  be  allowed  within 
or  through  any  national  park,  national  forest,  military,  Indian,  or  any  other 
reservation  only  upon  the  approval  of  the  chief  officer  of  the  department 
under  whose  supervision  or  control  such  reservation  falls,  and  upon  a  finding 
by  him  that  the  same  is  not  incompatible  with  the  public  interest:  Provided, 
That  all  or  any  part  of  such  right  of  way  may  be  forfeited  and  annulled  by 
declaration  of  the  head  of  the  department  having  jurisdiction  over  the  lands 
for  nonuse  for  a  period  of  two  years  or  for  abandonment. 

That  any  citizen,  association,  or  corporatfcn  of  the  United  States  to 
whom  there  has  heretofore  been  issued  a  permit  for  any  of  the  purposes  speci- 
fied herein  under  any  existing  law,  may  obtain  the  benefit  of  this  act  upon  the 
same  terms  and  conditions  as  shall  be  required  of  citizens,  associations,  or 
corporations  hereafter  making  application  under  the  provisions  of  this  statute. 

It  will  be  observed  that  this  Act,  which  authorizes  the  granting 
of  easements  for  electrical  power  transmission,  and  telephone  and 
telegraph  lines  for  stated  periods  not  to  exceed  50  years,  follows, 
as  closely  as  is  possible  in  the  accomplishment  of  its  purposes,  the 
language  of  the  Act  of  February  15,  1901  (31  Stat,  790),  which 
authorizes  mere  revocable  permits  for  such  lines,  and  for  other  pur- 
poses. This  Act,  therefore,  merely  authorizes  additional  or  larger 
grants  and  does  not  modify  or  repeal  the  Act  of  1901,  and  should 
be  construed  and  applied  in  harmony  with  it. 

It  is  not  believed  that  it  would  be  either  advisable  or  feasible 
to  definitely  fix  at  this  time  the  periods  for  which  the  authorized 
easements  should  be  granted,  since  it  will  be  wiser  and  more  prac- 
tical to  leave  that  question  to  be  determined  in  each  particular  case 
from  its  attendant  facts  and  circumstances  at  the  time  the  applica- 
tion is  presented.  Where  the  application  involves  transmission  and 
distribution  of  electrical  power  a  detailed  statement  of  the  power 
plant  with  which  the  transmission  lines  are  connected  should  accom- 
pany the  application;  also  a  statement  as  to  whether  the  power 
plant  is  located  on  public  or  private  land,  and  whether  any  part  of 
the  system  affects  lands  in  reservations  other  than  those  under  the 
jurisdiction  of  the  Secretary  of  the  Interior. 

The  regulations  issued  under  the  Act  of  February  15,  1901,  in 
so  far  as  they  are  applicable,  will  control  in  the  presentation,  con- 


112 

sideration,  and  granting  of  applications  for  easements  under  this 
Act.  Very  respectfully, 

Walter  L.  Fisher, 

Secretary. 
PIPE  LINE— ARKANSAS. 

An  Act  to  grant  right  of  way  over  the  public  domain  in  the  State  of  Arkansas 

for  oil  or  gas  pipe  lines. 

Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  a  right  of  way  through  the 
public  lands  of  the  United  States  in  the  State  of  Akansas  is  hereby  granted 
for  pipe-line  purposes  to  any  citizen  of  the  United  States  or  any  company  or 
corporation  authorized  Ity  its  charter  to  transport  oil,  crude  or  refined,  or 
natural  gas,  which  shall  have  filed  or  may  hereafter  file  with  the  Secretary 
of  the  Interior  a  copy  of  its  articles  of  incorporation,  and  due  proof  of 
organization  under  the  same,  to  the  extent  of  the  ground  occupied  by  the 
said  pipe  line  and  ten  feet  on  each  side  of  the  center  line  of  same. 

Sec.  2.  That  any  citizen  of  the  United  States,  company,  or  corporation 
desiring  to  secure  the  benefits  of  this  Act  shall  within  twelve  months  after  the 
location  of  ten  miles  of  the  pipe  line,  if  the  same  be  upon  surveyed  land, 
and  if  the  same  be  upon  unsurveyed  lands  within  twelve  months  after  the 
survey  thereof  by  the  United  States,  file  with  the  register  of  the  land  office 
for  the  district  where  such  land  is  located  a  map  of  its  lines,  and  upon  the 
approval  thereof  bjy  the  Secretary  of  the  Interior,  the  same  shall  be  noted 
upon  the  plats  in  said  office,  and  thereafter  all  such  land  over  which  such 
line  shall  pass  shall  be  disposed  of  subject  to  such  right  of  way. 

Sec.  3.  That  nothing  in  this  Act  shall  authorize  the  use  of  such  right  of 
way  except  for  the  pipe  line,  and  then  only  so  far  as  may  be  necessary  for 
its  construction,  maintenance,  and  care. 

Sec.  4.  That  if  any  section  of  said  pipe  line  shall  not  be  completed  within 
one  year  after  the  approval  by  the  Secretary  of  the  Interior  of  said  section, 
or  if  any  section  of  said  pipe  line  shall  be  abandoned  or  shall  not  be  used 
for  a  period  of  two  years,  the  right  of  way  herein  granted  as  to  any  uncom- 
pleted, abandoned,  or  unused  section  of  said  pipe  line  shall  be  forfeited 
to  the  extent  that  the  same  is  not  completed  or  is  abandoned  or  unused  at 
the  date  of  the  forfeiture,  without  further  action  or  declaration  on  the  part 
of  the  Government  or  any  proceedings  or  judgment  of  any  court. 

Sec.  5.  That  if  any  citizen,  company,  or  corporation  taking  advantage  of 
the  benefits  of  this  Act,  shall  violate  the  Act  of  July  second,  eighteen  hundred 
and  ninety,  entitled  "An  Act  to  protect  trade  and  commerce  against  unlawful 
restraints  and  monopolies"  (commonly  known  as  the  Sherman  anti-trust  act), 
or  any  amendment  thereof,  the  right  of  way  herein  granted  shall  be  forfeited 
without  further  action  or  declaration  on  the  part  of  the  Government  or  any 
proceedings  or  judgment  of  any  court. 

Approved  April  12,  1910. 

FOEMS  FOR  "DUE  PROOFS"  AND  VERIFICATION  OF  MAPS  OF  RIGHT 
OF  WAY  FOR  CANALS,  DITCHES,  AND  RESERVOIRS. 

FORM  1. 

I, ,  secretary  (or  president)  of  the   Company, 

do  hereby  certify  that  the  organization  of  said  company  has  been  completed; 
that  the  company  is  fully  authorized  to  proceed  with  construction,  according 

to  the  existing  laws  of  the  State  (or  Territory)  of ,  and  that  the  copy 

of  the  articles  of  association   (or  incorporation)    of  the   company  filed  in  the 
Department  of  the  Interior  is  a  true  and  correct  copy  of  the  same. 

In  witness  whereof  I  have  hereunto  set  my  name  and  the  corporate  seal 
of  the  company  this day  of ,  in  the  year  19. . 

[Seal  of  company.]  , 

of  the    Company. 


FORM  2. 

I, ,  do  certify  that  I  am  the  president  of  the 

Company,  and  that  the  following  is  a  true  list  of  the  officers  of  the  said 
company,  with  the  full  name  and  official  designation  of  each,  to-wit:  (Here 
insert  the  full  name  and  official  designation  of  each  officer.) 


113 

In  witness  whereof  I  have  hereunto  set  my  name  and  the  corporate  seal 

of  the  company  this day  of ,  in  the  year  19. . 

[Seal  of  company.]  T 

President  of  the Company. 


FORM  3. 

State  of ,  County  of ,  ss. 

,  being  duly  sworn,  says  he  is  the  chief  engineer  of  (or  the 

person  employed  to  make  the  survey  by)  the Company;  that  the 

survey  of  said  company's  (canals,  ditches,  and  reservoirs),  described  as  fol- 
lows: (Here  describe  each  canal,  ditch,  lateral,  and  reservoir  for  which  right 
of  way  is  asked,  as  required  by  Sec.  21,  being  a  total  length  of  canals,  ditches, 

and  laterals  of   miles,  and  a  total  area  of  reservoirs  of acres), 

was  made  by  him  (or  under  his  direction)  as  chief  engineer  of  the  company 
(or  as  surveyor  employed  by  the  company)  and  under  its  authority,  com- 
menced on  the day  of ,  19..,  and  ending  on  the  day  of 

,  1!)..,  afand  that  the  survey  of  the  said   (canal,  ditches,  laterals,  and 

reservoirs)  accurately  represents  (a  proper  grade  line  for  the  flow  of  water, 
and  accurately  represents  a  level  line,  which  is  the  proposed  water  line  of 
the  said  reservoir)],  and  that  such  survey  is  accurately  represented  upon  this 
map  and  by  the  accompanying  field  notes.  a[And  no  lake  or  lake  bed,  stream 
or  stream  bed,  is  used  for  the  said  (canals,  ditches,  laterals,  and  reservoirs) 
except  as  shown  on  this  map.] 


Sworn  and  subscribed  to  before  me  this Jay  of ,  19. . 

[Seal.]  , 

Notary  Public. 

a  This  clause  to  be  omitted  in  applications  for  telephones  and  telegraph 
lines. 


FORM  4. 

I, ,  do  hereby  certify  that  I  am  president  of  the 

Company;   that   .  .7 ,  who  subscribed  the  accompanying  affidavit,  is 

the  chief  engineer  of  (or  was  employed  to  make  the  survey  by)  the  said 
company;  that  the  survey  of  the  said  (canals,  ditches,  laterals,  and  reser- 
voirs) as  accurately  represented  on  this  map  and  by  the  accompanying  field 
notes,  was  made  under  authority  of  the  company;  that  the  company  is  duly 
authorized  by  its  articles  of  incorporation  to  construct  the  said  (canals,  ditches, 
laterals,  and  reservoirs)  upon  the  location  shown  upon  this  map;  that  the  said 
(canals,  ditches,  laterals,  and  reservoirs),  as  represented  on  this  map  and  by 
said  field  notes,  was  adopted  by  the  company,  by  resolution  of  its  board  of 

directors,  on  the    day  of   ,   19..,  as  the  definite  location  of  the 

said  (canals,  ditches,  laterals,  and  reservoirs)  described  as  follows — (describe 
as  in  Form  3) — a  [and  that  no  lake  or  lake  bed,  stream  or  stream  bed,  is  used 
for  the  said  (canals,  ditches,  laterals,  and  reservoirs)  except  as  shown  on 
this  map];  and  that  the  map  has  been  prepared  to  be  filed  for  the  approval 
of  the  Secretary  of  the  Interior,  in  order  that  the  company  may  obtain  the 
benefits  of  b  (sections  18  to  21,  inclusive,  of  the  Act  of  Congress  approved 
March  3,  1891,  entitled  "An  Act  to  repeal  timber-culture  laws,  and  for  other 
purposes,"  and  Sec.  2  of  the  Act  approved  May  11,  1898);  and  I  further 
certify  that  the  right  of  way  herein  described  is  desired  for  the  main  purpose 
of  irrigation,  e 

Attest:  , 

President  of  the Company. 

[Seal  of  company.]  ?.., 

Secretary. 

a  This  clause  to  be  omitted  in  applications  for  telephone  and  telegraph 
lines. 

b  Here  insert  the  description  of  the  Act  of  Congress  under  which  the 
application  is  made  when  filed  under  some  other  act  than  that  of  1S91  and 
LSlts. 

c  Or,  where  filed  under  other  acts  than  that  of  1891  and  1898,  state  the 
purposes  for  which  right  of  way  is  applied  for. 


114 

FORM  5. 

State  of ,  County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  chief  engineer  of  (or 

was  employed  to  construct)    the   (canals,  ditches,  laterals,  and  reservoirs)    of 

the  Company;  that  said  (canals,  ditches,  laterals,  and  reservoirs)  have 

been  constructed  under  his  supervision,  as  follows:     (Describe  as  required  in 

Sec.  21)  a  total  length  of  constructed  (canals,  ditches,  and  laterals)  of 

miles,  and  a  total  area  of  constructed  reservoirs  of    acres;   that  con- 
struction was  commenced  on  the    day  of    ,  19..,  and  completed 

on  the   day  of ,  19..;  that  the  constructed  (canals,  ditches,  lat- 
erals, and  reservoirs),  as  aforesaid,  conform  to  the  map  and  field  notes  which 

received  the  approval  of  the  Secretary  of  the  Interior  on  the   day  of 

,19.- 


Sworn  and  subscribed  to  before  me  this day  of ,  19. . 

[Seal.]  , 

Notary  Public. 

FORM  6. 

I,  ,  do  certify  that  I  am  the  president  of  the  com- 
pany; that  the  (canals,  ditches,  laterals,  and  reservoirs)  described  as  follows 
(describe  as  in  Form  5)  were  actually  constructed  as  set  forth  in  the  accom- 
panying affidavit  of  ,  chief  engineer  (or  the  person  employed 

by  the  company  in  the  premises),  and  on  the  exact  location  represented  on  the 
map  and  by  the  field  notes  approved  by  the  Secretary  of  the  Interior,  on  the 

day  of ,  19.  .;  and  that  the  company  has  in  all  things  complied 

with  the  requirements  of  the  Act  of  Congress  d (March  3,  1891,  granting  right 
of  way  for  canals,  ditches,  and  reservoirs  through  the  public  lands  of  the 
United  States.) 


President  of  the Company. 

[Seal  of  company.] 
Attest: 


Secretary. 

d  Here   insert   the  description   of  the   Act   of  Congress   under   which   the 
application  is  made  when  filed  under  some  other  Act  than  that  of  1891. 


FORM  7. 
[Under  Act  February  15,  1901.] 

State  of ,  County  of ,  ss. 

,  being  duly  sworn,  says  he  is  the  chief  engineer  of  (or  the 

person  employed  by)   the company,  under  whose  supervision  the  survey 

was  made  of  the  grounds  selected  by  the  company  for  structures  for  electrical 
purposes  under  the  Act  of  Congress  approved  February  15,  1901,  said  grounds 
(here  describe  as  required  by  Sees.  41  and  50) ;  that  the  accompanying  drawing 
correctly  represents  the  locations  of  the  said  structures;  and  that  in  his 
belief  the  structures  represented  are  actually  and  to  their  entire  extent 
required  for  the  necessary  uses  contemplated  by  the  said  act  of  February  15, 
1901  (31  Stat.,  790). 


Chief  Engineer. 

Subscribed  and  sworn  to  before  me  this day  of ,  19.  . 

[Seal.]  , 

Notary  Public. 

FORM  8. 
[Under  Act  of  February  15,  1901.1 

I, ,  do  hereby  certify  that  I  am  the  president  of  the 

company;  that  the  survey  of  the  structures  represented  on  the  accompanying 
drawing   was   made   under    authority    and   by   direction    of   the   company,   and 

under  the  supervision  of ,  its  chief  engineer  (or  the  person  employed  in 

the  premises),  whose   affidavit   precedes   this   certificate;    that   the   survey   as 
represented   on  the  accompanying  drawing  actually  represents  the  structures 


115 

required  (here  describe  as  required  by  Sees.  41  and  50)  for  electrical  pur- 
poses, under  the  Act  of  Congress  approved  February  15,  1901;  and  that  the 

company,  by  resolution  of  its  board  of  directors,  passed  on  the   day  of 

,  19..,  directed  the  proper  officers  to  present  the  said  drawing  for  the 

approval  of  the  Secretary  of  the  Interior  in  order  that  the  company  may 
obtain  the  use  of  the  grounds  required  for  said  structures,  under  the  pro- 
visions of  said  act  approved  February  15,  1901  (31  Stat.,  790). 


President  of  the   Company, 

[Seal  of  the  company.] 

Attest: 


Secretary. 


FOEM  9. 

Reservoir  declaratory  statement. 
[Under  Act  of  Jan.  13,  1897  (29  Stat.,  484).] 

Land  Office  at    , 

Ees.  D.  S.,  No ,19.. 

I, ,  of ,  do  hereby  certify  that  I  am  president  of  the 

company,  and  on  behalf  of  said  company,  and  under  its  authority,  do 

hereby  apply  for  the  reservation  of  land  in County,  State  of ,  for 

the  construction  and  use  of  a  reservoir  for  furnishing  water  for  live  stock 
under  the  provisions  of  the  Act  of  January  13,  1897  (29  Stat.,  484).  The 
location  of  said  reservoir  and  of  the  land  necessary  for  its  use,  is  as  follows: 

of  section in  township  . . . .,  of  range  ....  M.,  containing 

acres. 

I  hereby  certify  that  to  the  best  of  my  knowledge  and  belief  the  said 
land  is  not  occupied  or  otherwise  claimed,  is  not  mineral  or  otherwise  reserved, 
and  that  the  said  reservoir  is  to  be  used  in  connection  with  the  business  of 
the  applicant  of  

The  land  owned  or  claimed  by  the  applicant  within  the  vicinity  of  the 
said  reservoir  (within  three  miles)  is  as  follows: 

I  further  certify  that  no  part  of  the  land  to  be  reserved  under  this 
application  is  or  will  be  fenced;  that  the  same  shall  be  kept  open  to  the 
free  use  of  any  person  desiring  to  water  animals  of  any  kind;  that  the  land 
will  not  be  used  for  any  purpose  except  the  watering  of  stock,  and  that  the 
land  is  not,  by  reason  of  its  proximity  to  other  lands  reserved  for  reservoirs, 
excluded  from  reservation  by  the  regulations  and  rulings  of  the  Land  Depart- 
ment. 

The  water  of  said  reservoir  will  cover  an  area  of acres,  in   

of  section   ....   in  township    ....,  of  range    ....   of  said  lands;  the  capacity 

of  the  reservoir  will  be gallons,  and  the  dam  will  be feet  high. 

The  source  of  the  water  for  said  reservoir  is 

and  there  are  no  streams  or  springs  within  two  miles  of  the  land  to  be 
reserved  except  as  follows:  

The  applicant  has  filed  no  other  declaratory  statements  under  this  act 
except  as  follows: 

No , land  office,  area  to  be  reserved acres. 

No , land  office,  area  to  be  reserved acres. 

No , land  office,  area  to  be  reserved acres. 

No , land  office,  area  to  be  reserved acres. 

No. land  office,  area  to  be  reserved acres. 

No , land  office,  area  to  be  reserved acres. 

No , land  office,  area  to  be  reserved acres. 

No , land  office,  area  to  be  reserved acres. 

No , land  office,  area  to  be  reserved acres. 

No , land  office,  area  to  be  reserved acres. 

Total, acres,  of  which  Nos are  located  in  said  county. 

And  I  further  certify  that  it  is  the  bona  fide  purpose  and  intention  of 
this  applicant  to  construct  and  complete  said  reservoir  and  maintain  the  same 
in  accordance  with  the  provisions  of  said  Act  of  Congress  and  such  regula- 
tions as  are  or  may  be  prescribed  thereunder. 

[Seal  of  company.]  

Attest : 

> 

Secretary. 


116 

State  of ,  County  of ,  ss. 

,  being  duly  sworn,  deposes   and   says  that  the  statements 

herein  made  are  true  to  the  best  of  his  knowledge  and  belief. 


Sworn   to  and   subscribed   before  me   this    ......    day   of    ......  ,   in  the 

year  19  .  . 

[Seal.]  ............  , 

Notary  Public. 

Note.  —  When  the  applicant  is  a  corporation  the  form  should  be  executed 
by  its  president,  under  its  seal,  and  attested  by  its  secretary.  When  the 
applicant  is  not  a  corporation  or  an  association  of  individuals,  strike  out 
the  words  in  italics. 

Land  Office  at   ......  , 


I,    ............  ,  register  of  the  land   office,  do  hereby  certify  that  the 

foregoing  application  is  for  the  reservation  of  lands  subject  thereto  under  the 
provisions  of  the  Act  of  January  13,  1897;  that  there  is  no  prior  valid  adverse 
right  to  the  same;  and  that  the  land  is  not,  by  reason  of  its  proximity  to 
other  lands  reserved  for  reservoirs,  excluded  from  reservation  by  the  regu- 
lations and  rulings  of  the  Land  Department. 

Fees,  $  ----  paid. 


Kegister. 

The  description  of  the  business  of  the  applicant  should  include  "a.  full 
and  minute  statement  of  the  extent  to  which  he  is  engaged  in  breeding,  graz- 
ing, driving,  or  transporting  live  stock,  giving  the  number  and  kinds  of  such 
stock,  the  place  where  they  are  being  bred  or  grazed,  and  whether  within  an 
inclosure  or  upon  uninclosed  lands,  and  also  from  where  and  to  where  they  are 
being  driven  or  transported."  Circular  June  23,  1899. 


FOEM  10. 

State  of ,  County  of ,  ss. 

,  being   duly  sworn,   says   that   he   is   the   person   who   was 

employed  to  make  the  survey  of  a  reservoir  covering  an  area  of acres, 

the  initial  point  of   the   survey  being    (here   describe   as   required   by 

Sec.  21) ;  said  reservoir  having  been  constructed  upon  the   quarter  of 

the quarter  of  section  . . . .,  township ,  range , principal 

meridian,    as   proposed   by   reservoir    declaratory    statement    No ,    which 

was  filed  in  the  local  land  office  at    ,  under  the  provisions  of  the  act 

of  January  13,  1897   (29  Stat.,  484) ;  that  the  said  survey  was  made  on  the 

day  of ,  19. .;  that  the  dam  and  all  necessary  works  have  been 

constructed  in   a  substantial   manner;    that   the   reservoir    has   a   capacity   of 

gallons,  and  at  the  time  of  said  survey   contained    gallons  of 

water. 


Sworn  and  subscribed  to  before  me  this day  of ,  19. . 

[Seal.]  , 

Notary  Public. 

FOEM  11. 

T, ,  do  certify  that  I  am  the  president  of  the  com- 
pany which  filed  (or  that  I  am  the  person  who  filed)  reservoir  declaratory 
statement  No ,  in  the  local  land  office  at ;  that  the  reservoir  pro- 
posed has  been  constructed  upon  the quarter  of  the  quarter  of 

section ,  township ,  range , principal  meridian,  covering  an 

area  of   acres,  the  initial  point  of  the  survey  being   (describe 

as  in  Form  10) ;  that  the  dam  and  all  necessary  works  have  been  constructed 
in  a  substantial  manner  in  good  faith  in  order  that  the  reservoir  may  be  used 
and  maintained  for  the  purposes,  and  in  the  manner  prescribed  by  the  said 
Act  of  January  13,  1897  (29  Stat.,  484),  the  provisions  of  which  have  been 
and  will  be  complied  with  in  all  respects. 

[Seal  of  company.]  , 

Attest:  President  of  the  Company. 

7 

Secretary. 


117 

FOKM  12. 

State  of ,  County  of ,  ss. 

,  being  duly  sworn,  deposes  and  says  that  he  is  the  president 

of  the  company  which  filed  (or  that  he  is  the  person  who  filed)  reser- 
voir declaratory  statement  No ,  in  the  local  land  office  at  ; 

that  the  reservoir  constructed  in  pursuance  thereof,  as  heretofore  certified,  has 
been  kept  in  repair;  that  water  has  been  kept  therein  to  the  extent  of  not 

Jess  than gallons  during  the  entire  calendar  year  of  19..;  that  neither 

the  reservoir  nor  any  part  of  the  land  reserved  for  use  in  connection  therewith 
is  or  has  been  fenced  during  sai'J  years,  and  that  the  said  company  has  in  all 
things  complied  with  the  provisions  of  the  Act  of  January  13,  1897  (29 
State.,  484). 


President  of Company. 

Sworn  and  subscribed  to  before  me  this day  of 19. . 

[Seal.]  , 

Notary  Public. 

TABLE   OF   CIRCULARS,   INSTRUCTIONS  AND 
REGULATIONS. 


Date  of  circular.        Vol.  L.  D.     Page  L.  D.     Page  this  book. 
Apr.  18,  1884       2     Abstracts  from  records.     655. 

Absence.    See  Title  Leave  of  Absence.    36. 
Aug.  18,  1886       5    Accounts.     569. 
Nov.    6,  1886       5     Accounts.     245. 
Aug.     7,  1889       9     Accounts.     229. 
Dec.     4,  1889       9     Accounts.     655. 
Sept.  12,  1890     11     Accounts.     297. 
Sept.    7,  1907     36     Accounts.       78. 
May  24,  1909     37     Accounts.     708. 
July  20,  1883       2     Accounts  and  fees.     662. 
Mar.  15,  1887       5     Accounts  and  fees.     577. 
Mar.  11,  1911     39     Accounts  and  fees.     556. 
May  14,  1895     23     Accounts;  unearned  fees.     572. 
Dec.  26,  1896     23     Accounts;  unearned  fees.     573. 
Apr.     7,  1904     32     Accounts,  fees,  testimony,  transcripts.     554. 
June  10,  1908     37'  Accounts  and  record's;  method  "of  keeping.     46. 
June     1,  1908     37     Accounts  and  records;  order  relating  to  keeping.     43. 
June  27,  1907     35     Accounts  of  receivers,  etc.     633. 
May  27,  1885       3     Accounts  of  special  agents.     575. 
Feb.  20,  1890     10     Accounts  of  surveyors.     199. 
Jan.     9,  1893     16     Act  of  May  14,  1880,  amended.     34. 
Apr.  27,  1891     12     Act  of  March  3,   1891,  first  6  sections  with   copy  of  act. 

405. 

July  26,  1886  5  Additional  homestead.  128. 
July  27,  1907  36  Additional  homestead.  46. 
Sept.  11,  1908  37  Additional  homestead.  160. 

June  16,  1909     38     Additional  homestead  entries  in  reclamation  project.     58. 
Mar.  26,  1902     31     Affidavits,  applications  to  make  entry,  final  proof,  Act  of 

Mar.  11,  1902.     274. 

Nov.    9,  1908     37     Affidavits;  fees  for.     236. 
Oct.    24,  1884       3     Affidavits;  final.     164. 
Apr.  12,  1902     31     Affidavits,  proofs   and   oaths,   execution   of   before    deputy 

clerks,  Act  Mar.  11,  1902.     286. 

Mar.     1,  1907     35     Affidavits,  proofs,  deputy  clerks,  Act  Mar.  11,  1902.     436. 
Apr.     1,  1904     32     Affidavits;  proofs   and   oaths;    Section   2294,  E.   S.,   Act  of 

Mar.  4,  1904.     539. 

Apr.     1,  1904     32     Affidavits  and  proofs  made  outside  of  land  district.     541. 
Mar.  24,  1905     33     Affidavits,  oaths,   final   proofs,   etc.;    U.   S.   Commissioners, 

judges,  and  clerks  of  courts  of  record.     480. 
Apr.   20,  1907     35     Agents  and  attorneys.     534. 
Aug.     2,  1910     39     Agricultural  college  grant.     140. 

Sept.    8,  1910     39     Agricultural  entries;   coal  lands.     179 312,   319 

Jan.   23,  1911     39     Agricultural  entries;  coal  lands.     473. 


118 

Date  of  circular.        Vol.  L.  D.    Page  L.  D.     Page  this  book. 

Sept.  27,  1910  Amended  regulations;  coal  lands.     488. 

Jan.   10,  1911  With  forest.     679 457 

Mar.  24,  1905  33  Alabama;  homestead  settlers  within  limits  of  Mobile  & 
Gerard  railroad  grant.  Act  Feb.  24,  1904.  489. 

Apr.     9,  1883       1     Alabama  lands;  coal  and  iron.     655. 

Aug.  17,  1907     36     Alabama;  reclassification  of  lands.     107. 

Apr.  11,  1907     35     Alabama;  settlors  on  railroad  lands.     502. 

Apr.  7,  1903  32  Alabama;  regulations  under  Act  of  Mar.  3,  1903,  for  relief 
of  certain  settlers  in  State.  89. 

Sept.  26,  1911  40  Alaska;  coal  claims;  regulations;  survey;  work  and  im- 
provements. 277 179-180 

June  25,  1910     39     Alaska;  adverse  claims.     49. 

Mar.  31,  1908     36    Alaska;  coal  lands.     548. 

June  27,  1908     36    Alaska;   coal  lands.     548 1"3 

July  11,  1908     37     Alaska;  coal  lands.    20 1C7 

June  27,  1900     30     Alaska  coal  lands;  title  to,  Act  June  6,  1900.     368. 

Apr.     8,  1903     32     Alaska  homestead  entries,  Act  Mar.  3,  1900.     90. 

June    8,  1898     27     Alaska  homestead;  right  of  way,  timber,  etc.     248. 

Apr.  29,  1909     37     Alaska  Indian  and  Eskimo  allotments.     615. 

Sept.  29,  1900  30  Alaska;  instructions  respecting  proof  to  be  filed  with  sur- 
veys of  homestead  claims.  285. 

Feb.   11,  1907     35     Alaska  lands;  allotments.     437. 

Oct.     8,  1897     25     Alaska  lands;  amended  regulations.     323. 

Dec.  4,  1902  31  Alaska  lands;  homestead;  soldiers'  additional;  assignee. 
441. 

'May  31,  1900     30     Alaska  lands;  mining  claim.     40. 

Aug.  15,  1899     29     Alaska  lands;  waterfront.     95. 

July  28,  1885       4     Alaska;  mining  regulations.     128. 

July  11,  1900     30     Alaska;  fining  rights  and  claims,  Act  June  6,   1900.     142. 

Dec.   21,  1892     15     Alaska;  mission  stations.     586. 

June    3,  1891     12     Alaska;  nonmineral  entries.     583. 

Jan.  14,  1904  32  Alaska;  regulations  concerning  the  location  and  patenting 
of  coal  lands.  114. 

Jan.  13,  1904  32  Alaska;  regulations  concerning  homesteads,  rights  of  way, 
timber,  etc.  424. 

May     4,  1895     20     Alaska;  sale  of  public  lands.     434. 

Mar.    9,  1911     39     Alaska;  surveys.     553. 

Aug.     1,  1904     33     Alaska  townsites.     163. 

Oct.    27,  1898     27     Alaska  townsite  entries.     560. 

May     6,  1895     22     Alaska  townsite  entries,  approved  Feb.  17,  1896.     119. 

Dec.  29,  1908     37     Alaska  townsite,  Indian  occupants.     337. 

Aug.  12,  1905  34  Alaska  townsite;  par.  13,  regulations  Aug.  1, 1904,  amended. 
71. 

Mar.  17,  1898     26     Alaska;  use  of  timber.     404. 

Feb.  24,  1912  40  Alaska;  regulations,  sale  and  use  of  timber  upon  unreserved 
public  lands  Alaska.  477. 

Jan.   29,  1901     30     Algodenes  grant,  instructions  relative  to.     455. 

May     3,  1907     35     Allotment,  membership  in  Indian  tribe.     549. 

Apr.  22,  1909     37     Amendments.      655 76 

Jan.   30,  1885       3     Amendment  of  entries.     471. 

Feb.  29,  1908     36     Amendment  of  entries.     287. 

Feb.  11,  1889       8     Amendment  of  entries  and  filings.     187. 

May  24,  1886       4     Amending  circular  of  July  31,  1885.     545. 

Sept.    4,  1884       3     Applications  and  affidavits.     108. 

Aug.     7,  1895     21     Applications  for  survey.     77. 

Nov.    3,  1909     38     Applications,  etc.,  for  unsurveyed  lands.     287. 

Aug.     7,  1908     37     Applications;  notice  of  allowance  of.     60. 

Sept.  22,  1884       3     Applications;  rejected.     119. 

Jan.   18,  1904     32     Applications;  homestead,  Act.  Aug.  30,  1890.     400. 

Mar.  25,  1897     25     Applications  to  enter  pending  contest.     61. 

July  14,  1899     29     Applications  to  enter  pending  contest.     29. 

Jan.  6,  1906  34  Applications  for  use  of  name  of  United  States  in  judicial 
proceedings  to  forfeit  rights  of  way.  358. 

Jan.  27,  1905  33  Applications  to  make  second  entry;  soldiers'  additional 
right.  364. 

Oct.   25,  1886      5    Applicants;  post-office  address.     198. 


119 

Date  of  circular.        Vol.  L.  D.     Page  L.  D.     Page  this  book. 

Mar.    6,  1912     40     Applications  for  exchange  of  land  within  Indian  reserva- 
tions for  public  lands;  instructions.     419. 

Aug.  29,  1884       3     Appeal.     99. 

July   17,  1911     40     Appointment  of  mineral  surveyors.     21o. 

Arid  lands;  selection  by  certain  State  regulations.     390. 

Aug.    5,  1889       9     Arid  lands.     282. 

Aug.     9,  1890     11     Arid  lands.     220.. 

Sept.    5,  1890     11     Arid  lands;  rescinding  circulars  of  Aug.  5,  1889,  and  Aug. 
9,  1890.     296. 

Aug.  30,  1904     33    Arid  lands;  contracts  between  water-users'  associations  and 
owners  of  lands;  Act  of  June  17,  1902.     202. 

July  14,  1905     34     Arid  lands;  desert  land  entry;  right  to  use  of  water;  Act 
of  June  17,  1902.     29. 

Oct.    10,  1904     33     Arid  lands;  farm  units;  Act  of  June  17,  1902.     268. 

May  17,  1904     32     Arid  lands;  homestead  entry;  Act  of  June  17,  1902.     633. 

Jan.   13,  1904     32     Arid  lands;  mineral    locations,   timber    and   stone    applica- 
tions; Act  June  17,  1902.     387. 

June  15,  1904     33     Arid   lands;   reclamation;   lands   withdrawn;   Act  June   17, 
1902.     38. 

Jan.   28,  1904     32     Arid  lands;  reservoir  lands;  Act  June  17,  1902.     416. 

Oct.     5,  1893     17     Arid  lands;  right  of  way.     521. 

Aug.     5,  1904     33     Arid  lands;  Truckee-Carson  project;  Act  June  17, 1902.    158. 

Aug.  18,  1904     33     Arid  lands;  .Truckee-Carson  project;  Act  June  17, 1902.    190. 

Mar.  31,  1904     32     Arid  lands;  withdrawal;  Act  June  17,  1902.     537. 

July  12,  1904     32     Arid  lands;  withdrawal;  Act  June  17,  1902.     104. 

Oct.    12,  1905     34     Arid  lands;  withdrawal;  Act  June  17,  1902.     158. 

Dec.  19,1910     39     Assignments    (see  Reclamation).     421 87 

Feb.     1,  1886       5     Attorneys.     337   223, 225 

Sept.  15,  1910     39     Attorneys.     210   223,  225 

Oct.    21,1885       4     Attorneys;  official  order.     220 223,225 

Sept.  18,  1884       3     Attorneys  before  the  Department.     113 223,  225 

Mar.  19,  1887      5    Attorneys  before  local  offices.     508,  140 223,225 

B 

Jan.   24,  1911     39     Belle  Fourche  project.     531. 

Feb.     3,  1912     40     Belle  Fourche  project;  reclamation;  water  service.     417. 

Dec.  30,  1911     4G    Belle  Fourche  project;  reclamation  charges.     327. 

Feb.     3,  1912     40     Belle  Fourche  project;  payment.     418. 

May     4,  1911     40     Belle  Fourche  project;  payment.       67. 

Feb.  21,  1907     35     Blackfoot  Indian  lands;  Lewis  and  Clarke  Forest  Reserve. 

431. 

May  13,  1911     40     Buford,  Trenton  project;  reclamation;  payments.     82. 
June  16,  1882       1     Bonds  for  U.  S.  deputy  surveyors.     669. 
Sept.  24,  1886       5     Bounty  land  warrants.     178. 
Mar.  28,  1902     31     Bounty  land  warrants.     277. 
May  24,  1912     40     Bounty  land  warrants.     Circular  No.  120. 

*See  location  warrants,  scrip,  etc.    Also  page 

*rage .    This  book. 


Nov.  17,  18J7  25  California  school  lands.     383. 

Jan.   20,  1902  31  California  school  lands;  authority  of  local  officers.     212. 

Apr.  14,1911  40  Camp  Bowie  abandoned  military  reservation;  sale  of  lands.   1. 

Oct.    15,  1884  3  Cancelled  warrants.     145. 

Canals,  ditches  and  reservoir  regulations.     163 91 

Dec.     7,  1909  38  Cane  Island.     330. 

May  13,  1909  Carey  Act;  supplemental  regulations.     409 263 

Apr.     9,  1909  Regulations;  supplemental  regulations.     390. 

Apr    25,  2910  38  Carey  Act  regulations.     580. 

Feb.   17,  1912  40  Carlsbad  project;  reclamation;  charges.     474. 

Mar.  26,  1907  35  Cemeteries;  Act  of  Mar.  1,  1907.     480. 

Aug.  11,  1906  35     Certificates  of  naturalization.     116 76 

Nov.  22,  1909  38  Certified  copies  of  records.     312. 

Sept.    1,  1893  17  Cherokee  Outlet;  President's  proclamation.     225. 


120 

Date  of  circular.        Vol.  L.  D.     Page  L.  D.     Page  this  book. 

Feb.  14,  1894  18     Cherokee  Outlet;  townsites.     122. 

July     5,  1910  40     Cheyenme  and  Arapahoe  lands.     58. 

Apr.  13,  1892  20     Cheyenne  and  Arapahoe  lands;  opening  of.     7. 

Feb.  17,  1910  38     Cheyenne  Kiver,  etc.,  lands.     455. 

Aug.  21,  1909  38     Cheyenne  River  and  Standing  Rock  lands.     160. 

Feb.     7,  1910  40    Cheyenne  River  and  Standing  Rock  lands;  time  of  opening 

extended.     56. 

Mar.  13,  1909  37     Chippewa  lands.     491. 

May  10,  1910  38     Chippewa  lands.     590. 

May  14,  1910  38     Chippewa  lands.     593. 

May  17,  1910  38     Chippewa  lands.     594. 

Mar.  27,  1907  35     Chippewa  lands;  drainage  survey.     481. 

July     9,  1896  26     Chippewa  lands;  logging.     84. 

Aug.  26,  1898  27     Chippewa  lands;  logging  regulations.     353,  724. 

June  14,  1898  27     Chippewa  lands  ceded.     188. 

Apr.  20,  1907  35     Chippewa  agricultural  lands.     532. 

July  23,  1908  37  Chippewa  agricultural  lands.       61. 

Oct.      9,  1903  32  Chippewa  ceded  lands;  homestead  entry;  qualifications.     281. 

Aug.    5,  1904  33     Chippewa  ceded  lands;  lot  1,  Sec.  10,  T.  168  N.,  R.  35  W., 

Crookston,  Minn.,  withdrawn  from  entry.     180. 

Feb.  15,  1907  35  Chippewa  Indian   lands;    withdrawal;    Act   June    21,    1906. 

428. 

May    3,  1909  37  Chippewa  allotments.     665. 

Apr.  17,  1905  33  Chippewa  lands;  commutation  of  entries;  Act  Mar.  3,  1905. 

P.  551. 

Feb.  15,  1900  29  Classification  of  lands.     503. 

July  25,  1895  21  Classification  of  lands;  designation  of  surveyor.     68. 

Aug.  10,  1895  21  Classification  of  lands;  protest.     108. 

Feb.  14,  1899  Carriers  conflicting. 

June  15,  1901  30  Carriers  conflicting.     620. 

See  Private  Claims,  Donation  Claims. 

Dec.     3,  1884  3  Clerk  of  Court.     220. 

May  16,  1907  Coal  lands;  also  complete  regulations.     304 192 

May     8,  1909  37  Coal  lands.     681. 

Apr.  18,  1910  38  Coal  lands.     576. 

Aug.     8,  1910  39  Coal  lands.     156. 

Dec.  31,  1903  32  Coal  lands;  paragraphs  30  and  31  of  regulations  of  July  31, 

1882,  amended.     382. 

July  31,  1882  21  Coal  lands;  sale  of.     587. 

Apr.  10,  1909  37  Coal  lands;  classification.     653. 

Dec.  27,  1907  36  Coal  lands;  classified.     215. 

Oct.    26,  1905  34  Coal  lands;  character  of  land;  evidence.     194. 

Jan.   21,  1907  35  Coal  lands;  withdrawal;  existing  right.     395. 

Apr.   12,  1907  35  Coal  lands;  laws  and  regulations.     665,  279 171,  172 

May  20,  1907  35  Coal  lands;  regulations,  supplemental    683 

Apr.  24,  1907  35  Coal  lands;  regulations,   supplemental    189 

Mar.  21,  1908  36  Coal  lands;  notice  of  claim.     318. 

Apr.  29,  1908  36  Coal  lands;  applications,  verification  of,  etc.     368. 

Nov.  30,  1907  36  Coal  lands;  regulations,  paragraph  18.     192. 

Feb.  10,  1910  38  Coal  classification.     452. 

June  12,  1909  39  Coal  classification.       36. 

Jan.     7,  1910  38  Coal  valuation.     373. 

Aug.  10,  1910  39  Coal  withdrawals.     157. 

Mar.    6,  1911  39  Coal  withdrawals.     544. 

Mar.  20,  1909  37  Coal  entry  by  agent-     508. 

Feb.     5,  1912  40  Coal  lands;  withdrawal.     141. 

Feb.     5,  1912  40  Coal  lands;  withdrawal;  limited  patents;  instructions.     141. 

Mar.  23,  1887  5  Colorado;  school  indemnity.     696. 

Mar.  19,  1912  40  Colorado;  desert  entry.     508. 

Apr.  12,  1900  29  Colville  Indian  lands  opened  to  settlement.     661. 

Feb.     1,  1910  38  Colville  reservation;  mining  claims.     409. 

June  25,  1897  24  Commissioners   of   circuit   court   and   TJ.   S.   commissioners. 

564. 

Aug.  31,  1907  36  Commutation.     74. 

Oct.    18,  1907  36  Commutation.      124 536 


121 


Date  of  circular. 
June  13,  1908  36 
July  9,  1896  26 
Mar.  21,  1901  30 
June  19,  1902  31 


June  30, 
July  9, 
Apr.  12, 
Feb.  16, 
Aug.  18, 
Sept.  22, 
Sept,  15, 
Feb.  15, 
Sept.  22, 
Nov.  14, 
May  23, 
Jan.  3, 
Aug.  4, 
Oct.  24, 
Jan.  19, 
June  1, 


1909  38 

1902  31 

1891  12 

1909  37 
1911  40 
1884  3 

1910  39 

1909  37 
1884  3 
1902  36 

1908  36 
1890  10 

1910  39 
1883  2 

1909  37 
1909  38 


Mar.  19,  1883  1 

Mar.  4,  1884  2 

July  28,  1908  37 

May  24,  1906  34 

Jan.  17,  1907  35 

May  24,  1906  34 

July  23,  1906  35 


Vol.  L.  D.    Page  L.  D.    Page  this  book. 

Commutation.      514 144 

Commutation  of  homestead;  Act  June  3,  1896.  544. 
Commutation  of  homestead;  Act  Jan.  26,  1901.  540. 
Commutation  of  second  homestead  entries;  Act  of  May  22, 

1902.     358. 

Condemnation  of  improvements  under  reclamation  act.     58. 
Confirmation;  Sec.  7,  Act  of  Mar.  3,  1891.     368. 
Confirmation  of  entries,  See.  7,  Act  of  Mar.  3,  1891.     416. 

Constructive    residence.      449 30 

Constructive  residence  abolished.     228. 
Contests.     120. 

Contests.      217 ^ 164 

Contest  clerks.     448. 

Contest  testimony.     121. 

Contest  notice;  publication  of.     294. 

Contest  notice;  publication  of.     443. 

Contest  dismissed  from  local  office,  disposition  of  records.   2. 

Contest;  notation  of,  etc.     150. 

Contest;  transfer  to  new  local  office.     222. 

Contest  of  withdrawn  lands.     365.  , 

Contest  preference  right.     23. 

(See  Rules  of  Practice.) 

Correction  of  duplicate  plats.     670. 

Cross-examination  of  witnesses.     234. 

Crow  Creek  national  forest;  Act  Mar.  13,  1908.     76. 

Crow  Indian  lands;  homestead  entries;  qualifications.     639. 

891    . 

Crow  Indian  lands;  residence.     382. 

Crow  Indian  lands;  opening  of.     637. 

Crow  Indian  lands;  purchasers  of  improvements;  preference 

right  of  entry.     56. 


Nov.    6,  1906    35 


Jan.  10, 
Jan.  17, 
Sept.  5, 
Sept.  15, 
Nov.  12, 
Jan.  30, 
June  24, 
Aug.  6, 
Nov.  30, 
Sept.  30, 
June  22, 
Apr.  27, 
Feb.  17, 
July  22, 
July  23, 
Oct.  11, 
July  28, 
Tune  27, 
lug.  23, 
Dec.  3, 
Apr.  20, 
Jan.  26, 
Sept.  17, 


1907  35 
1891  12 


1881  1 

1883  3 
1884 

1885  3 

1885  3 

1883  2 

1908  37 

1910  39 

1892  14 

1891  14 

1904  32 

1885  4 

1885  4 

1894  19 

1907  36 

1887  5 

1889  9 

1889  9 

1891  12 

1894  18 

1904  33 


Aug.  21,  1909  38 

Nov.  28,  1902  31 

Feb.  27,  1906  34 

July  16,  1891  13 

Jan.   13,  1892  14 


Declarations  of  intention  and  certificates  of  naturalization. 

299. 
369. 

Departmental  order  establishing  a  motion  day.     64. 
Deposit  for  survey.     316. 

350. 

184. 

348. 

599. 

Description  of  land  in  certificates  and  receipts.     197. 
Desert  land  laws,regulations  under.     312. 

Desert  lands,  regulations.     253 270 

Desert  land  act  as  amended.     677. 
Desert  land  circular,  instructions  under.     565. 
Desert  land;  cultivation;  final  proof.     456. 
Desert  land  entries.     33. 

51. 

298. 


Deposit  for  survey. 
Deposit  for  survey. 
Deposit  for  survey. 
Deposit  for  survey. 


Desert  land  entries. 


Desert  land  entries;  Act  of  Aug.  4,  1894. 

Desert  land  entries;  enlargement.     44. 

Desert  land  entries;  final  proof.     708. 

Desert  land  entries;  final  proof.     259. 

Desert  land  entries;  final  proof.     672. 

Desert  land  entry  prior  to  survey.     376. 

Desert  land  entry;  assignment.     31. 

Desert  land  entry;  amendments  by  assignees,  Sec.  2372,  R. 

S.     251. 

Desert  land  entry;  expenditures.     157. 
Desert  land  entry;  compactness,    Sec.    1,    Act    of    Mar.    3, 

1877.     441. 

Desert  land  entry;  improvements.     465. 
Desert  land  entry;  patent.     49. 
Desert  land;  price  of.     74. 


122 


Date  of  circular. 

Mar.  27,  1908  36 

Jan.   15,  1902  31 

Dec.     5,  1901  31 

Feb.  21,  1908  36 

Nov.  30,  1906  35 

Mar.  19,  1912  40 

June  28,  1907  35 

Sept.  21,  1904  33 

Mar.  31,  1884  18 

May     9,  1895  20 

Apr.     8,  1895  20 

July     9,  1885  4 


Vol.  L.  D.     Page  L.  D.     Page  this  book. 

Desert  land;  second  entries.     472. 

Desert  land;  regulations  concerning  selections  by  certain 
States.  228. 

Desert  land;  sparse  growth  of  trees;  Act.  Aug.  18,  1894. 
149. 

Desert  land  entry;  water  rights.     282. 

Desert  land  entry  within  reclamation  projects.     340. 

Desert  entries  in  Weld  and  Laramie  counties,  Colo.;  exten- 
sion of  time;  instructions.  508 298 

Devils  Lake  Indian  lands.     647. 

Devils  Lake  ceded  lands;  disposition  after  expiration  of 
"sixty  day  period."  255. 

District  of  Columbia;  public  lands.     285. 

District  of  Columbia;  public  lands.     435. 

Donation  claims.     290. 

Double  minimum  lands.     76. 


May 

12, 

1906 

34 

May 

25, 

1909 

37 

Dec. 

14, 

1909 

38 

Mav 

3, 

1910 

38 

July 

18, 

1910 

39 

Aug. 

24, 

1910 

39 

Dec. 

8, 

1910 

39 

May 

24, 

1909 

37 

May 

21, 

1909 

37 

July 

12, 

1911 

40 

Apr. 

16, 

1912 

Dec. 

29, 

1890 

12 

June 

26, 

1885 

3 

Aug. 

28, 

1883 

2 

Sept. 

15, 

1890 

11 

June 

25, 

1890 

10 

Jan. 

31, 

1884 

2 

May 

22, 

1883 

2 

May 

29, 

1904 

32 

Sept.    9,  1902    31 


Mar.  13,  1890 
Oct.  17,  1910 
Mar.  29,  1910 
Sept.  28,  1883 
Sept.  20,  1890 
Feb.  3,  1912 

May  28,  1909 
June  14,  1909 
Feb.  26,  1912 

June  4,  1885 
Feb.  10,  1910 
May  13,  1909 
Jan.  14,  1894 
Oct.  18,  1894 
Feb.  13,  1912 


10 
39 

2 

11 
40 

38 
38 
40 

3 

38 
37 
14 
19 
40 


Enlarged  homestead. 
Enlarged  homestead 
Enlarged  homestead. 
Enlarged  homestead. 


Employee  of  General  Land  Office;  Sec.  452,  R.  S.     605. 

Enlarged  homestead.     546. 

Enlarged  homestead.     361 196 

584. 

Idaho.      96 206 

164. 
386. 

Enlarged  homestead,  form  4-003.     707. 

Enlarged  homestead;  additional  entry.     697. 

Enlarged  homestead.     184. 

Enlarged  homestead  settlements  with  entries.     P.  325. 

Entry;  instructions  under  Act  of  Aug.  30,  1890.     81. 

Entry  in  excess  of  quarter-section.     606. 

Entry  by  .officer  of  clerk.     313. 

Entry  by  employee  of  General  Land  Office.     348. 

Entry  and  final  proof;  amendment  of  Sec.  2294,  R.  S.  687. 

Entryman;  qualifications.     195. 

Entries  and  filing  on  indemnity  lands.     517. 

Entries  of  public  lands  for  park  and  cemetery  purposes. 
P.  512. 

Entries  on  lands  withdrawn  for  the  construction  of  irriga- 
tion works  for  the  reclamation  of  arid  lands;  Act  of  June 
17,  1902.  420. 

Equitable  adjudication.  )  T>  1oo     f  299 

Equitable  adjudication.  5  320  . 

Equitable    entries.      497 ..321 

Examination  of  record.     222. 

Exemplification  of  records.     386. 

Executive  order  restoring  withdrawn  coal  lands-  when 
effective;  instructions.  415. 

Exchange  of  lands.     44. 

Exchange  of  lands.     41,  42. 

Executive  order;  opening  of  Pine  Ridge  and  Rosebud  Indian 
lands.  517. 

Expired  pre-emption  filings.     576. 

Extension  of  time.     451. 

Extension  of  time  under  Carey  Act.     682. 

Extension  of  time  for  payment.     293. 

Extension  of  time  for  proof  and  payment.     305. 

Extension  of  time;  Act  Feb.  28,  1911;  instructions.     428. 


291 


Oct.    27,  1890  11  Failure  of  crops;  payment. 

May  28,  1910  38  Fees.     616,  461   to  467 

Jan.   28,  1884  2  Fees  of  local  officers.     665. 

Apr.     7,  1884  2  Fees  of  local  officers.     671. 

Nov.  15,  1892  15  Fees  of  local  officers.     432. 


417. 


.297-303 


123 


Date 

of 

circular. 

Vol.  L.  D.     Page  L.  D.     Page  this  book. 

June 

5, 

1908 

36 

Fees  of  local  officers.     481  423 

Oct. 

13, 

1886 

5 

Fees  of  surveyors-general.     190. 

Oct. 

19, 

1907 

37 

Fees  of  surveyors-general.     125. 

Feb. 

21, 

1908 

37 

Fees  of  surveyors-general.     282. 

Apr. 

15, 

1907 

35 

Fees  of  surveyors-general;  certified  copies.     514. 

May 

1, 

1909 

37 

Fees  for  reducing  testimony.     662. 

Apr. 

22, 

1898 

26 

Fees  for  reducing  testimony  to  writing,  etc.     G.". 

Dec. 

1, 

1883 

2 

Fees  and  commissions  on  cancelled  entries.     660. 

May 

20, 

1905 

33 

Fees  and  commissions;  registers  and  receivers.     G27,  631. 

Sept. 

17, 

1883 

2 

Final  proof.     199. 

Feb. 

15, 

1884 

2 

Final  proof.     224. 

Apr. 

3, 

1884 

3 

Final  proof.     211. 

July 

31, 

1884 

3 

Final  proof.       52. 

Sept.  17, 

1884 

3 

Final  proof.     112. 

Oct. 

6, 

1884 

3 

Final  proof.     133. 

Oct. 

11, 

1884 

3 

Final  proof.     141. 

Oct. 

30, 

1884 

3 

Final  proof.     155. 

Nov. 

25, 

1884 

3 

Final  proof.     196. 

Dec. 

10, 

1884 

3 

Final  proof.     246. 

Jan. 

5, 

1885 

3 

Final  proof.     298. 

Mar. 

9, 

1885 

3 

Final  proof.     484. 

Apr. 

11, 

1885 

3 

Final  proof.     479. 

Dec. 

15, 

1885 

4 

Final  proof.     296. 

Mar. 

30, 

1886 

5 

Final  proof.     473. 

Sept. 

23, 

1886 

5 

Final  proof.     178. 

Feb. 

19, 

1887 

5 

Final  proof.     426. 

Jan. 

2, 

1889 

8 

Final  proof.         3. 

Oct. 

21, 

1890 

11 

Final  proof;  Act  of  Oct.  1,  1890.     402. 

Apr. 

12, 

1895 

20 

Final  proof;  Act  of  Mar.  2,  1895.     309. 

Dec. 

22, 

1883 

2 

Final  proof;  adverse  claims.     596. 

Aug. 

4, 

1884 

3 

Final  proof;  fees.     58. 

Nov. 

2, 

1886 

5 

Final  proof;  blanks.     220. 

Nov. 

18, 

1884 

3 

Final  proof;  payment.     188. 

Dec. 

11, 

1884 

3 

Final  proof;  protest.     247. 

July 

17, 

1889 

9 

Final  proof;  rules.     123. 

May 

9, 

1906 

34 

Final  proof;  rules.     601  143 

Nov. 

^J 

4, 

1904 

33 

Final  proof;  notice;  place  of  taking.     280. 

May 

15, 

1901 

30 

Final  proof;  school  sections;  notice.     607. 

Jan. 

24, 

1891 

12 

Final  proof;   disposition  of.     188. 

Nov. 

30, 

1889 

9 

Final  proof;  county  judge.     586. 

Aug. 

1, 

1905 

34 

Final  proof  on  claims  within  forest  reserves.     63. 

Nov. 

16, 

1906 

35 

Final  proof;  desert  land  entry;  character  of  evidence.     305. 

Dec. 

17, 

1906 

35 

Final  proof;  desert  land  entry;  character  of  evidence.     352. 

May 

17, 

1907 

35 

Final  proof;  water  right.     575. 

Apr. 

4, 

1899 

28 

Florida  homesteads;  relief  Act  of  Feb.  25,  1899.     273. 

July 

28, 

1897 

25 

Forest  fires.     73. 

Feb. 

2, 

1895 

20 

Forest  fires;  burned  timber  entry.     98. 

Oct. 

4, 

1911 

40 

Forest  land;   regulation;  publication;  notice  to  publishers. 

283. 

June 

30, 

1897 

24 

Forest  reserves.     589. 

Mar. 

21, 

1898 

26 

Forest  reserves.     421. 

Apr. 

4, 

1900 

30 

Forest  reserves;  Sec.  24,  Act  Mar.  3,  1891,  rules  and  regu- 

lations.    23. 

July 

5, 

1900 

30 

Forest    reserves;    rules    and    regulations    of    Apr.    4,    1900, 

amended.     113. 

Apr. 

10, 

1901 

30 

Forest  reserves;  par.  21  of  rules  and  regulations  of  Apr.  4, 

1900,  amended.     590. 

Dec. 

16 

1908 

37 

Forest  reserves*   entries.     355  450 

Mar. 

•*•", 
20, 

1908 

36 

Forest  reserves;  administrative  site.     314. 

June 

30, 

1897 

24 

Forest  reserves;  survey.     588. 

July 

5> 

190B 

35 

Forest  reserves;  Act    June    4,    1897,    Senate    resolution    of 

Mar.  19,  1906.     8. 

Feb. 

19, 

1902 

31 

Forest  reserves;  lieu  selection,  Act  June  4,  1897.     2.31. 

July 

7, 

1902 

31 

Forest  reserves;  lieu  selection,  Act  June  4,  1897,  and  June 

6,  1900.     372. 


124 


Date  of  circular. 
Oct.    13,  1902    32 

May  16,  1905     33 


Nov.  21, 
Oct.  4, 
Apr.  6, 
Jan.  10, 
Jan.  12, 
Feb.  15, 
Sept.  10, 
Dec.  12, 


1903     32 
1911 
1911 
1911 

1891  12 

1892  14 
1892  15 
1901  31 


Dec.  23,  1901  31 

Mar.  19,  1901  30 

Dec.  31,  1910  39 

Oct.  16,  1909  38 

Mar.  8,  1910  38 

Dec.  7,  1910  39 

Apr.  28,  1899  28 

May  9,  1899  28 

Dec.  18,  1899  29 

Feb.  19,  1902  31 

July  7,  1902  31 

Apr.  6,  1911  40 

Jan.  29,  1909  39 

June  5,  1900  30 

Nov.  15,  1909  38 

Dec.  11,  1909  38 

May  24,  1909  37 

Feb.  23,  1911  40 

Mar.  6,  1907  35 

Apr.  4,  1912  40 

June  29,  1911  40 

Dec.  7,  1909  38 

Aug.  2,  1906  35 

Aug.  3,  1906  35 

June  25,  1908  36 

June  30,  1904  33 

Nov.  28,  1910  39 

Aug.  3,  1900  30 

Oct.   1,  1908  37 

June  12,  1908  36 

Jan.  27,  1908  36 

Jan.  29,  1912  40 

Apr.  16,  1912  40 


Mar.  20,  1883  1 

June  24,  1899  28 

July  26,  1901  31 

Mar.  14,  1910  38 

July     6,  1910  39 

May  19,  1904  32 


Vol.  L.  D.     Page  L.  D.     Page  this  book. 

Forest  reserves;  lieu  selection,  Act  June  4,  1897,  and  June 
6,  1900.  283. 

Forest  reserves;  repeal  of  lieu  selection  acts,  Act  of  Mar. 
3,  1905.  558. 

Forest  reserves;  temporary  withdrawals,  mineral  lands.    307. 

Forest   reserves;   publication    of   notice.      677 ,..456 

Forest  reserves;  conflict,  withdrawal.     678 .• 457 

Forest  reserves;  agricultural  or  mineral  within.     679. 

Forest  reservations.       83. 

Forest  reservations.     209. 

Forest  reservations.     284. 

Forest  reservations;  use  of  timber  and  stone;  par.  21  of 
regulations  amended.  173. 

Forest  reservations;  pasturage  of  live  stock;  par.  13  of 
regulations  amended.  182. 

Forest  reservations;  lieu  selections,  Act  June  4,  1897.     538. 

Forest  lands;  final  proof.    436. 

Forest  homesteads;  survey.     278. 

Forest  homesteads;  survey.     481. 

Forest  withdrawals.     386. 

Forest  reserve  lands;  selections  in  lieu  of,  Act  of  June  4, 
1897.  328. 

Forest  reserve  lands;  selections  in  lieu  of.     521. 

Forest  reserve  lands;  selections  in  lieu  of.     391. 

Forest  reserve  lands;  selections  in  lieu  of.     251. 

Forest  reserve  lands;  selections  in  lieu  of,  Acts  of  June  4, 
1897,  and  June  6,  1900.  372. 

Forest  withdrawals;  homestead  entries;  rights  of  contest- 
ants; Act  of  Mar.  3,  1911.  2. 

Forfeiture  proceedings.     480. 

Free  homesteads;  Act  of  May  17,  1900.     50. 

See  Circular  No.  10.     502 326 

Fiscal  orders,  Reclamation  Service.     311. 

Flathead  lands.     341. 

Flathead,  Couer  d'Alene  and  Spokane  lands.     700. 

Flathead  and  Couer  d'Alene  Indian  lands;  extending  date 
of  opening.  57. 

Fort  Berthold  Indian  Reservation.     451. 

Fort  Berthold  Indian  lands;  opening  of;  executive  or- 
der. 575. 

Fort  Berthold  Indian  lands;  opening  of;  proclamation.    451. 

Fort  Berthold  Indian  lands;  (regulations  thereunder).     154. 

Fort  Butler.     331. 

Fort  Crittenden  lands.     85. 

Fort   Elliott   lands;   reoffering  of.     86. 

Fort  Hall  project;  timber  cutting.     539. 

Fort  Hall  Indian  Reservation;  opening  of  ceded  lands;  Act 
of  March  30,  1904.  80. 

Fort  McKinney.     368. 

Fort  McPherson  abandoned  military  reservation;  disposal 
of  original  portion  of.  213. 

Fort  Shaw  and  Simms  townsites.     179. 

Forts  Sheridan  and  McPherson.     506. 

Fort  Sumner.    242. 

Forts  Bridger,  Sanders,  and  Laramie  military  reservations; 
purchase  of  grazing  lands;  instructions.  8!)2. 

Fort  Berthold  lands;  opening  of;  regulations.     576. 

G 

General  circular.     656. 

General  circular;  mining.    577. 

General  circular;  mining.     453. 

Gerard  and  McKee  scrip.    485. 

Glacier  National  Park.     67. 

Grande  Ronde  Indian  Reservation;  Act  April  28,  1904.   636. 


126 


Date  of  circular. 
May  31,  1905     33 

Mar.  28,  1899  29 
Apr.  21,  1900  30 
Jan.  31,  1905  33 

May  24,  1904  32 


July  27,  1900  30 

May  3,  1907  35 

June  26,  1907  35 

June  29,  1908  36 

May  21,  1907  35 

Aug.  8,  1907  36 

Mar.  13,  1912  40 

Dec.  15,  1882  1 

Mar.  8,  1889  8 

June  5,  1885  3 

Oct.  4,  1889  9 

May  9,  1890  10 

July  8,  1898  27 

Sep.  22,  1899  29 

June  27,  1900  30 

Jan.  30,  1901  30 

June  21,  1901  30 

Oct.  25,  1902  31 

Aug.  7,  1903  32 

Aug.  2T,  1903  32 

May  13,  1904  32 

July  16,  1906  35 

Sep.     7,  1906  35 

July  23,  1907  36 

Mar.  12,  1908  36 

Feb.  10,  1909  37 

Feb.     2,  1912  40 

June    6,  1912  .. 

Apr.  20,  1911  .. 


Vol.  L.  D.     Page  L.  D.     Page  this  book. 

Grande  Ronde  Indian  Reservation;  regulations  governing 
sale  of  lands;  Act  April  28,  1904.  586. 

Great  Sioux  lands.     598. 

Great  Sioux  lands;  Sec.  21,  Act  March  28,  1899.     354. 

Great  Sioux  reservation;  disposal  of  certain  lands  there- 
in. 381. 

Great  Sioux  Indian  reservation;  ceded  portion;  school  lands; 
Act  of  March  30,  1904.  656. 

H 

Hawaii;  leases,  Sec.  73,  Act  April  30,  1900.     195. 

Hearings  on  charges  by  forest  officers.    547. 

Hearings  on  charges  by  forest  officers.    632. 

Horn,  Round,  and  Petit  Bois  Islands.     549. 

Huntley  Irrigation  Project;  opening  of.     686. 

Huntley  and  other  townsites;  sale  of  lots.    49. 

Huntley  project;  reclamation;  operations  and  maintenance. 
497. 

Homestead  declaratory  statement.     648. 

Homestead,  etc.,  Act  of  March  2,  1889.    314. 

Homestead  residence.    582. 

Homestead  settlement.     452. 

Homestead  entry;  minor  heirs.    543. 

Homestead  settlers;  military  service;  Act  of  June  16,  1898. 
146. 

Homestead  entries  in  Black  Hills  forest  reserve.     190. 

Homestead  entry  by  married  woman;  Act  of  June  6,  1900; 
instructions  under.  313. 

Homestead  contest;  Act  of  June  16,  1898.    464. 

Homestead  rights  of  soldiers  and  sailors  of  Spanish  War 
and  Philippine  insurrection,  Act  of  March  1,  1901.  623. 

Homestead  entries  on  lands  temporarily  withdrawn  for  irri- 
gation purposes,  Act  of  June  17,  1902.  423. 

Homestead;  soldiers'  additional;  approximation.     206. 

Homestead;  area  of  entry;  Act  of  June  17,  1902.    237. 

Homestead  entries;  aliens;  void  declarations  of  intention; 
Act  April  13,  1904.  619. 

Homestead  entries  relinquishment  within  area  of  irrigation 
project.  29. 

Homestead  entries  within  forest  reserves.     200. 

Homestead  entries  within  forest  reserves.    30. 

Homestead  in  forest  reserves  survey.    305. 

Homestead  under  reclamation  project.    448. 

Homestead  entries;  fees  for  excess  over  80  acres;  instruc- 
tions. 399. 

Homestead,  three  year,  with  regulations  thereunder.    470. 
303-311 

Homestead  suggestions.     503 326 


Apr.  10,  1901     30 


June  27, 
Aug.  23, 
June  4, 
June  2, 
June  15, 
Feb.  21, 
Apr.  17, 
Sep.  6, 


1899  28 

1884  3 

1885  3 
1908  37 
1896  22 
1903  32 
1901  31 
1901  31 


Feb.  19,  1902    31 

June  29,  1907     35 
Apr.  16,  1895     20 


Indian  allotments;  regulations  under  Sec.  4,  Act  of  Feb- 
ruary 8,  1889.  546. 

Indian  allotments;  Sec.  4,  Act  of  February  8,  1887.     569. 

Indian  homesteads.     91. 

Indian  homesteads.     580. 

Indian  homesteads;  trust  patent.     219. 

Indian  lands;  allotments.     709. 

Indian  lands;  allotments;  Sec.  7,  Act  February  8,  1887.    17. 

Indian  lands;  commissions;  act  January  14,  1889.     72. 

Indian  lands;  commissions;  Acts  January  14,  1889,  and 
January  26,  1901.  106. 

Indian  lands;  commissions;  Acts  of  March  2,  1889,  and 
August  15,  1894.  250. 

Indian  lands;   condemnation;  patent.     648. 

Indian  lands;  extension  of  time  for  payment.     432. 


126 


Date 

of 

circular. 

Vol.  L.  D.     Page  L.  D.     Page  this  book. 

Mar. 

3, 

1911 

39 

Indian  lands;  right  of  way.     565. 

July 

25 

19|° 

Airma 

Indian  lands*  use  of  vacant  ceded  605 

May 

«N»j 

31, 

1884 

3 

Indian  occupants.     371. 

Oct. 

6, 

1887 

6 

Indian  occupants  of  public  lands.     341. 

May 

7, 

1896 

22 

Indian  lands;  leave  of  absence;  final  proof.     524. 

Mar. 

3, 

1909 

37 

Indian  reservations;  exchange  of  lands.     537. 

Apr. 

8, 

1901 

30 

Indian  reservations;  regulations;  right  of  way;  regulations 

of  April  8,  1889,  amended.    545. 

July 

17, 

1912 

40 

Indian  allotments;  sale  of;  minor  heirs;  instructions.     179. 

May 

8, 

1891 

12 

Instructions  to  chiefs  of  divisions  under  Act  of  March  3, 

1891,    Sec.    7.      450  42 

Aug. 

29, 

1896 

23 

Instructions  under  Act  of  August  4,  1892.     322. 

Mar. 

3, 

1903 

32 

Irrigation;  artesian  wells,  Sec.  2,  Act  June  17,  1902.    278. 

Mar. 

9, 

1909 

37 

Inspection  of  lands  selected  under  Carey  Act.    489. 

Apr. 

11, 

1895 

20 

Isolated  tract.     305. 

May 

16, 

1907 

35 

Isolated  tract.     581. 

Mar. 

4, 

1908 

36 

Isolated  tract.     301. 

Oct. 

2, 

1909 

38 

Isolated  tract.     255,  256. 

June 

6, 

1910 

39 

Isolated  tract.     10. 

Sep. 

5, 

1907 

36 

Isolated  tract.     110. 

Dec. 

27, 

1907 

36 

Isolated  tract.     216. 

July 

18, 

1906 

35 

Isolated  tract;  Act  of  June  27,  1906.    44. 

Apr. 

18, 

1907 

33 

Isolated  tract;  oath  of  applicant.     518. 

July 

3, 

1905 

34 

Isolated  tract;  public    sale;    notice;    circular   of   April    11, 

1895,  amended.     14. 

Jan. 

19, 

1912 

40 

Isolated  tract;  Sec.  2455  B.  S.,  as  amended  bv  Act  of  Con- 

gress of  June  27,  1906.     363. 

Feb. 

11, 

1903 

31 

Instructions  under  Act  of  June  17,  1902,  relative  to  reserva- 

tion  of   lands   for   irrigation   works   and   withdrawal   of 

lands  susceptible  of  irrigation.     6. 

J 

June 

8, 

1905 

33 

Jurisdiction  of  Department  of  Interior  and  Department  of 

Agriculture   over   applications   for  rights   and   privileges 

within  forest  reserves.     609. 

May 

15, 

1907 

35 

Jurisdiction;  land  department;  public  land;  hearings.     565. 

K 

May 

18, 

1895 

20 

Kickapoo  lands  opened  to  entry.    470. 

Apr. 

27, 

1907 

35 

Kinkaid  Act;  Act  of  March  2,  1907.    542. 

Oct. 

28, 

1908 

37 

Kinkaid  Act.     225. 

June 

17, 

1910 

39 

Kinkaid  Act.     18. 

Oct. 

17, 

1908 

37 

Kinkaid  Act;  lands  withdrawn  for  irrigation.     197. 

Jun. 

19, 

1912 

40 

Kinkaid  Act;  revised  regulations.     369  360 

Apr. 

**J 

9, 

1903 

32 

Kiowa,  Comanche,  and  Apache  lands;  school  sections;  min- 

ing laws.    95. 

Oct. 

19, 

1906 

35 

Kiowa,  etc.,  lands;  pasture  and  wood  reserves.     239. 

Dec. 

7, 

1906 

35 

Eegulations  of  October  19,  1906,  amended.     347. 

Feb.  20, 

1908 

18 

Klamath  Indian  reservation.     166. 

Jan. 

4, 

1901 

30 

Klamath  Indian  reservation;  swamp  land.     395. 

L 

July 

25, 

1902 

31 

Lands  in  former  Ute  Indian  reservation  subject  to  homo- 

stead  entry,  Act  of  June  13,  1902.    388. 

June 

8, 

1906 

3'4 

Lands  in  Indian  reservation,  lien  selection,  April  21,  1904. 

666. 

Dec. 

30, 

1903 

32 

Lands  in  possession  of  Indian  occupants;  circular  of  Octo- 

ber 26,  1887,  reapproved  for  reprinting.     382. 

June 

6, 

1905 

33 

Lands  withdrawn  under  Eeclamation  Act  June  17,  1902.  607. 

Feb. 

2, 

1895 

20 

Land  warrant;  certificate  of  location.     95. 

Mar. 

6, 

1900 

29 

Lien  selection  Act  of  June  4,  1897.     578,  586. 

Mar. 

9, 

1900 

29 

Lien  selection  Act  of  June  4,  1897.     594. 

May 

27, 

1905 

33 

Limitation  of  acreage,  Act  August  30,  1890.     605. 

June 

29, 

1905 

33 

Above  circular  amended.     606. 

May 

4, 

1904 

33 

Limitation  of  acreage  public  land,  August  8,  1890.     539. 

127 


Date  of  circular. 
June    4,  1909     38 
June  11,  1909     38 
Oct.      8,  1907 


Nov.  13,  1909 
Feb.  21,  1908 


36 
36 


June  1,  1909  38 

Feb.  18,  1896  37 

July  6,  1898  27 

May  3T,  1898  27 

June  3,  1902  31 

Aug.  13,  1907  36 

Mar.  27,  1911  39 

May  1,  1911  40 


Dec.  8,  1911  40 

July  19,  1910  39 

Nov.  1,  1906  35 

July  31,  1910  39 

Mar.  15,  1907  35 

June  9,  1904  33 

July  20,  1904  33 

July  26,  1906  35 

June  8,  1904  33 

May  8,  1901  30 

Dec.  1,  1894  19 


Apr. 

9, 

1895 

20 

July 

27, 

1900 

30 

May 

4, 

1908 

36 

Mar. 

31, 

1908 

36 

Feb. 

13, 

1905 

33 

Dec. 

27, 

1910 

39 

Mar. 

18, 

1911 

39 

Mar. 

24, 

1911 

39 

Mar. 

31, 

1911 

39 

Mar. 

21, 

1912 

40 

June 

8, 

1911 

40 

May 

11, 

1905 

33 

Feb. 

29, 

1912 

40 

July 

31, 

1906 

35 

June  3,  1908  36 

Apr.  4,  1903  32 

Mar.  12,  1904  32 

June  8,  1883  2 

Feb.  16,  1887  5 

Mar.  24,  1887  S 

May  9,  1882  1 

Mar.  11,  1897  24 

Nov.  16,  1882  1 

Dec.  5,  1884  3 

May  11,  1885  3 

Jan.  9,  1912  40 

Dec.  14,  1885  4 

Mar.  29,  1909  37 

Aug.  8,  1911  40 


Vol.  L.  D.     Page  L.  D.     Page  this  book. 
Lembi  Indian  lands.     25. 
Lembi  Indian  lands.     27. 
Lists  of  lands  for  taxation.     116,  194. 

Locations   on   unsurveyed   land.      153 »5 

Location  of  warrants,  scrip,  etc.     278. 

(See  Soldier  Additional  Homestead  Bights.) 

Lost  and  obliterated   corners.      1,554 554 

Location  and  assignment  of  bounty  land  warrants.  218. 
Location  and  assignment  of  bounty  land  warrants.  234. 
Location  and  assignment  of  bounty  land  warrants.  167. 

(See  Bounty  Land  Warrants.) 

Louisiana  agricultural  and  mechanical  college  patent.     348. 
Lower  Brule  lands.     54. 
Lower  Yellowstone  project.     612. 
Lower  Yellowstone  project;  reclamation  payments.     60. 


M 


315. 


Mindioka  project. 
Mindioka  project. 
Mindioka  project. 


Military  reservation  abandoned;  Ft.  Whitney. 

Military  reservation,  Camp  Bowie.     124. 

Military  reservation,  Camp  Independence.     295. 

Military  reservation,  Fort  Davis.     138. 

Military  reservation,  Grass  Island.     464. 

Military  reservation,  Ft.  A.  Lincoln,  April  23,  1904.     27. 

Military  reservation,  Ft.  Sherman,  July  5,  1884,  and  June 

17,  1902.     130. 

Military  reservation,  Ft.  Rice  homestead  entry.     60. 
Military  reservation,  Ft.  Elliott,  sale  of  lands.     26. 
Military  reservation,  Ft.  Felterman;  right  to  purchase  pas- 
ture and  grazing  land.     601. 

Military  reservation,  abandoned,  Act  August  23,  1894.    392. 
Military  reservation,  abandoned.     303. 
Military  reservation,  abandoned,   Ft.   Buford.     394. 
Military  reservation,  abandoned,   Gig   Harbor.      391. 
Military  reservation,  abandoned,  forest  reserve.     342. 
Military  reservation,  abandoned,   timber;   Acts   of   July   5, 
1884,  and  March  3,  1891.    413. 
Mindioka  project.     528. 
529. 
531. 
530. 

Mindioka  project;  reclamation;  charges.  511. 
Mindioka  project;  reclamation  payment.  138. 
Minnesota;  certain  lands  withdrawn  for  purposes;  restored 

to  entry;  Act  March  3,  1905.    552. 
Minnesota  drainage   of  swamp  and   overflowed  lands;    Act 

May  20,  1908;  instructions.     438. 
Minnesota;  settlers  on  Indian  lands,  extension  of  time  for 

payment.    67. 

Minnesota  lauds,  drainage  of.    477. 

Minnesota  adjustment  of  swamp  lands,  grants  to  state.     88. 
Minnesota;  adjustment   of   swamp   lands,   grants   to  state. 

499. 

Mining  claims.  725. 
Mining  claims.  468. 
Mining  claims.  505. 

Mining  claims,  adverse  proceedings.  685. 
Mining  claims  notice.  266. 
Mining  claims  survey.  543. 
Mining  claims  survey.  541. 
Mining  claims  survey.  542. 
Mining  regulations;  paragraph  42  of  regulations  of  March 

29,  1909,  amended.     347^ 
Mining  regulations.     374. 

Mining    regulations    amended 435 

Mining  regulations.     757. 


128 


Date  of 
June  11, 
Dec.  28, 
Mar.  14, 
Nov.  7, 
Jan.  9, 
Dee.  15, 
May  21, 
Dee.  18, 


July 
Apr. 
June 
Suue 
Nov. 
July 
June 
July 
Feb. 
Mar. 
Oct. 

July 


circular. 

1909  38 

1907  36 

1898  26 

1895  21 

1905  33 

1897  25 

1907  35 

1903  32 


13,  1895  20 

20,  1895  20 

25,  1895  20 
30,  1897  25 

26,  1910  39 
6,  1895  20 

30,  1885  4 

3,  1898  26 

22,  1897  24 

18,  1894  19 

3,  1905  34 


June 

27, 

1910 

39 

Nov. 

25, 

1910 

39 

Mar. 

31, 

1911 

39 

Jan. 

10, 

1911 

39 

Aug. 

11, 

1909 

Apr. 

10, 

1906 

34 

May 

31, 

1904 

32 

June 

27, 

1904 

33 

Feb. 

1, 

1905 

33 

Aug.  21,  1905  34 

Apr.  15,  1909  37 

July  11,  1908  37 

July  21,  1902  31 


July  20, 
Aug.  1, 
June  6, 
Nov.  4, 
Mar.  27, 
Sep.  7, 
Nov.  14, 
July  6, 
Mar.  24, 
Apr.  29, 
Aug.  11, 
Sep.  16, 
Oct.  12, 
July  6, 
Apr.  3, 


1898  27 

1898  27 

1887  5 

1895  21 

1909  37 

1909  38 

1901  31 

1906  35 
1911  39 

1907  35 
1909  38 
1909  38 

1886  5 

1887  6 
1907  35 


Vol.  L.  D.     Page  L.  D.     Page  this  book. 
Mining  regulations,  Par.  41.     40. 
Mining  regulations,  Par.  42.     225. 
Mining  regulations,  Eule  53,  amended.     378. 
Mining  regulations  amended.     411. 
Mining  regulations,  Par.  37,  amended.     366. 
Mining  laws  and  regulations.     561. 
Mining  laws  and  regulations.     664. 

Mining  laws  and  regulations,  circular  of  July  26,  1901,  re- 
approved  for  reprinting.     367. 
Mineral  lauds.  5. 
Mineral  lands,  classification. 
Mineral  lands,  classification. 
Mineral  lands,  classification. 
Mineral  lands,  classification. 


350. 
561. 
571. 
446. 
113,  116. 


Mineral  lands,  classification. 

Mineral  lands,  classification,  account  of  commissioners.  522, 
Mineral  application.     75. 
Mineral  application  notice.     145. 

Mississippi  swamp  list  No.  7,  Act  February  17,  1897.     267. 
Motions  for  re-review.    306. 

Mt.  Eainier  Forest  Keserve;  Yakima  Indian  lands,  Decem- 
ber 21,  1904.     13. 

N 

National  forests,  hearings  and  appeals.     52. 

National  forests,  hearings  and  appeals.     374. 

National  forests,  homesteads,  reinstatement.     617. 

National  parks.    447. 

Newspapers,  publication,  instructions.     236. 

Nebraska  lands,  homestead;  act  April  28,  1904.     546. 

Nebraska  lands,  homestead;  act  April  28,  1904.     670. 

Nebraska  lands,  homestead;  agents,  Act  April  28,  1904.    70. 

Nebraska  lands  withdrawn  under  Sec.  1,  Act  April  28,  1904, 

restored  to  entry.     386. 

Nebraska  homestead  entries  under  See.  3,  April  28, 1904.   87. 
Nebraska;  sale  of  certain  lands.    580. 
Naturalization  of  Japanese,  not  accepted.     18. 
Navajo  Indian  reservation,  settlers  on;   Act  July  1,  1902. 

381. 

New  Mexico;  territorial  selection.     281. 
New  Mexico;  selections,  accounts.     302. 
New  Orleans  &  Pacific  Eailroad  grant.     686. 
Nez  Perce  Indian  lands.     382. 
Nez  Perce  lands;  isolated  tracts.     535. 
Non-mineral  applications  for  land  classified  as  coal.     181. 
Non-mineral  affidavit;  Miss.,  La.,  Ark.,  Fla.     135. 
Northern  Pacific  adjustment,  Act  May  17,  1906.     10. 
North  Platte  project.    606. 
Notaries  public  as  attorneys.     546. 
Notices,  publication  of.     131. 
Notice  of  opening  of  forest  lands.     207. 
Notice  of  hearings  and  decisions.     204. 
Notice  of  decisions  and  report  thereon. 


Notice  of  decisions   by   registered   mail; 


12. 

time   for   appeal. 
.    492 


Mar.  26,  1908     36 
Jan.   21,  1907     35 


Notice  of  location  of  warrants,  etc.     346. 
Notice  to  Commissioner  of  Indian  Affairs  of  action  affect- 
ing allotments.     296. 


June  10,  1908  27 

June  26,  1905  33 

Sep.    17,  1884  3 

Bep.   24,  1884  3 


Offered  and  unoffered  lands,  Act  May  18,  1898.    67,  68. 
Officers   authorized   to   take   final   proofs;    right   to   act   as 

agents  or  attorneys  before  Land  Department.     653. 
Official  telegrams.     111. 
Official  telegrams.     123. 


129 

Date  of  circular.  Vol.  L.  D.     Page  L.  D.     Page  this  book. 

Feb.  10,  1885  3  Official  telegrams.     389. 

Dec.  22,  1884  3  Official  correspondence.     263. 

Jan.     6,  1890  10  Official  returns  and  letters  from  local  office.     2. 

Mar.    1,  1900  29  Official  letters,  registration.     649. 

Sep.    13,  1909  38  Official  letters,  registration.     190. 

Feb.   25,  1897  24  Oil  lands.     183. 

June  16,  1911  . .  Oil  lands  and  regulations.     680 460 

Mar.  "28,  1911  39  Okanogan  project.     613. 

Dec.     1,  1908  37  "One  quarter  section."    330. 

Apr.     1,  1889  8  Oklahoma  Act  of  March  2,  1889.     336. 

Nov.  30,  1894  19  Oklahoma,  commuted  homestead  for  townsite  purposes.   348. 

Feb.  25,  1897  24  Oklahoma,  Greer  County.     184. 

July  14,  1903  32  Oklahoma,  Greer  County,  Act  of  January  18,  1897.     195. 

Aug.  20,  1903  32  Oklahoma,  Greer  County,  Act  of  January  18,  1897.    236. 

Apr.  13,  1899  28  Oklahoma,  Greer  County  lands.     274. 

Feb.   14,  1894  18  Oklahoma  homestead  commutation.     50. 

Apr.  25,  1898  26  Oklahoma  homestead  commutation.     567. 

July  21,  1890  11  Oklahoma  lands,  general  circular.     79. 

July     7,  1893  17  Oklahoma  lauds,  sale  of  ceded  lands.     263. 

Sep.    13,  1893  17  Oklahoma  lands,  payment  for.     51. 

Dec.   22,  1902  31  Oklahoma  lands,  homestead,  commutation   6/6/00.     445. 

Aug.  13,  1894  19  Oklahoma  lands,  extension  of  time.     296. 

Jan.     9,  1895  20  Oklahoma  lands,  commutation  of  entry.     1. 

May  17,  1907  35  Oklahoma  pasture  lands.     573. 

Apr.     5,  1910  38  Oklahoma  pasture  lands;  extension  of  time.     545. 

Mar.  19,  1908  36  Oklahoma  pasture  reserves.     310,  311. 

Mar.  22,  1909  37  Oklahoma  pasture  and  wood  reserves.     517. 

May  24,  1890  10  Oklahoma  townsites.     604. 

June  18,  1890  12  Oklahoma  townsites.     666. 

Aug.  18,  1890  12  Oklahoma  townsites.     186. 

Aug.  21,  1890  12  Oklahoma  townsites.     187. 

May     8,  1891  12  Oklahoma  townsites.     612. 

Sep.     5,  1892  15  Oklahoma  townsites.     270. 

Mar.  31,  1893  16  Oklahoma  townsites.     341. 

Nov.  30,  1894  19  Oklahoma  townsites.     334. 

July  10,  1890  11  Oklahoma  townsites,  costs.     24. 

July  18,  1890  11  Oklahoma  townsites,  commuted  homestead.     68. 

Apr.  18,  1894  18  Oklahoma  townsites,  sale  of  unclaimed  lots.     391. 

Oct.      7,  1895  21  Oklahoma  townsites,  board,  compensation.     288. 

Dec.   30,1889  13  Ontanagan    Railroad    lands.      423 30 

July     8,  1885  4  Oregon;  forfeited  railroad  lands.     15. 

Sep.    14,  1907  . .  Order  advancing  cases.     133 30 

Feb.   15,  1892  14  Osage  lands.     172. 

Apr.  26,  1887  5  Osage  trust  lands.     581. 

July  18,  1895  21  Otoe  and  Missouri  lands.     55. 

June    1,  1900  30  Otoe  and  Missouri  lands.    41. 


Oct.    25,  1910  39  Parks.     316. 

May  23,  1892  14  Park  and  cemetery  entries.     560. 

June  24,  1909  38  Pasture  lands.     50. 

Feb.  21,  1907  35  Pasture  Reserve  No.  3,  receiver's  receipts.     433. 

Mar.  16,  1907  35  Pasture  and  wood  reserves;  awards  to  bidders.     466. 

Sep.      1,  1906  35  Pasture  Reserve  No.  3;  sale  of  leased  lands.     139. 

Oct.    25,  1882  1  Patent;  delivery  of.     638. 

Sep.    14,  1891  13  Patent;  delivery  of.     448. 

Oct.    23,  1893  17  Pawnee  Indian 'lands.     490. 

Sep.    22,  1882  1  Placer  claim;  patent.     685. 

Dec.     9,  1882  1  Placer  claim;  area;  expenditure.     694. 

Dec.  18,  1895  21  Practice,  closing  cases  on  review.     496. 

Mar.  30,  1893  16  Practice,  motion  for  review.     334. 

Aug.  26,  1902  31  Practice  notice,  Rule   100  construed.     318. 

M:iy  27,  3905  33  Practice  notice,  service  by  publication.     578. 

Mav   18,  1907  35  Practice,  withdrawal  of  application.     576. 

June    1,  1909  38  Preference  rights.     See  Contest  This  Table.     23, 


130 

Date  of  circular.  Vol.  L.  D.    Page  L.  D.     Page  this  book. 

Mar.  25,  1896     22  Private  claim;  "small  holdings."     523. 

May     1,  1896     22  Private  claim;  "small  holdings."     524. 

May  14,  1902     31  Private  claim;  "small  holdings."     332. 

July  24,  1901  31  Private  claim;  certificate  of  location  notice;  Act  of  June 
2,  1858.  45. 

Sep.    18,  1895     21  Private  land  claims.     157. 

June  23,  1908     36  Proceedings  on  charges  by  forest  officers.     535. 

Apr.     4,  1898     26  Proof  and  payment  on  suspended  entries.     488. 

Sep.   22,  1884       3  Protest  cases;  testimony.     122. 

Mar.  17,  1909     37  Public  moneys.    495. 

June  15,  1898     27  Public  surveys,  retracements.     79. 

July  29,  1911  40  Proclamation,  opening  of  Pine  Eidge  and  Eosebud  lands 
(regulations  thereunder).  164,  167. 

Feb.  13,  1889       8  Kailroads;  Act  of  March  3,  1887.    348. 

Nov.  22,  1887       6  Eailroad  grants;  adjustment  of.     276,  544. 

Sep.  9,  1904  33  Eailroad  grants;  application  for  mineral  patent,  notice  to 
railroad  grantee.  262. 

Jan.  31,  1902  31  Bailroad  grants;  Northern  Pacific;  Act  July  2,  1864,  joint 
resolution  of  May  31,  1870.  219. 

Aug.    4,  1885       4  Eailroad  indemnity  selections.     80. 

Sep.     6,  1887       6  Eailroad  indemnity  lands;  resoration  of.     131. 

Nov.  19,  1887       6  Eailroad  indemnity  lands;   restoration  of.     328. 

Dec.   15,  1887      6  Eailroad  indemnity  lands;  restoration  of.     419. 

Dec.  22,  1887       6  Eailroad  indemnity  lands;  above  order  modified.     456. 

Oct.      8,  1892     15  Eailroad  lands;  Act  of  August  5,  1892.     344. 

Nov.  30,  1892     15  Eailroad  lands;  Act  of  August  5,  1892.     536. 

Feb.  20,  1896     22  Eailroad  lands;  Act  of  January  23,  1896.     204. 

Aug.  30,  1890  11  Eailroad  lands;  Act  of  March  3,  1887,  instructions  under. 
229. 

Dec.  24,  1890  11  Eailroad  lands;  Act  of  September  29,  1890,  instruction  un- 
der. 625. 

Jan.     3,  1891     12  Eailroad  lands;  Act  of  September  29, 1890;  forfeiture  of.  3. 

Sep.    16,  1892     15  Eailroad  lands;  forfeited.     298. 

Mar.    3,  1891     12  Eailroad  lands;  forfeited.     308. 

Apr.  8,  1891  12  Eule  advancing  cases  on  motion,  under  Sec.  7,  above  act. 
308. 

Mar.     2,  1910     38  Eailroad  lands;  price  of.    468. 

Aug.  29,  1885       4  Eailroad  right  of  way.     150. 

Nov.    4,  1898     27  Bailroad  right  of  way.     663. 

July     9,  1894     19  Bailroad  selections.    21. 

Aug.  15,  1894     19  Eailroad  selections;  advertisement.     105. 

July  18,  1894     19  Eailroad  selections;  restoration  of.     45. 

Apr.     9,  1897     24  Bailroad  selections;  non-mineral  proof.     321. 

May  10,  1897     24  Eailroad  selections;  non-mineral  proof.     416. 

Dec.   19,  1911     40  Eeclamation;  election  of  water  right  charges.    317. 

Feb.  27,  1909     37  Eeclamation.     468. 

May  31,  1910     38  Beclamation  (amended)  contests.     620,  697 468 

Sep.    13,  1910     39  Eeclamation   (amended)   assignments.     202. 

Jan.   18,  1908     36  Eeclamation  Act,  Sees.  4  and  5.     256. 

Apr.     4,  1906     34  Eeclamation  Act;  applications  for  water  rights.     544. 

May  21,  1904  32  Eeclamation  Act;  lands  held  in  private  ownership;  use  of 
water.  647. 

Oct.     6,  1906     35  Eeclamation  Act;  withdrawals  under;  mineral  lands.     216. 

June  27,  1910     39  Beclamation  appeals.     51. 

Oct.    15,  1910     39  Eeclamation  contests.     296. 

Dec.   17,  1910     39  Beclamation  entries.    421. 

Mar.  30,  1910     38  Beclamation  entries;  approximation.     513. 

Sep.     9,  1910     39  Beclamation  forms.     197. 

Sep.    17,  1909     38  Beclamation  homesteads.     229. 

Dec.   14,  1909     38  Beclamation  homesteads.     344. 

Feb.  21,  1911     39  Beclamation  homesteads;  assignment.     504. 

Feb.  28,  1911     39  Beclamation;  leases.    525. 

Oct.      3,  1910     39  Beclamation;  leaves  of  absence.     278. 

Dec.  30,  1911     40  Eeclamation,  North  Platte  project;  payments.     336. 

Aug.  16,  1905  34  Eeclamation  project;  payment  for  use  of  water,  Act  of  Feb- 
ruary 17,  1902.  78. 


131 

Date  of  circular.        Vol.  L.  D.     Page  L.  D.     Page  this  book. 

Aug.     2,  1905     34     Reclamation  project;  irrigable  area;  legal  subdivisions.    65. 

July  8,  1908  37  Reclamation;  regulations  of  May  27,  1908,  paragraphs  4 
and  7,  amended.  12,  16. 

Mar.  21,  1911     39     Reclamation;  townsites,  water  supply.     591. 

May  27,  1908     37     Reclamation;  water  right  charges.     11,  13. 

July   13,  1908     37     Reclamation;  withdrawals.     27. 

Nov.  20,  1911  40  Reclamation;  homestead  amendments  of  farm  unit;  adjust- 
ment of  payments.  312. 

May  18,  1904     32     Records;  production  in  court,  Act  April  19,  1904.     635. 

Oct.      6,  1904     33     Records;  examination  by  public.     267. 

Mar.    3,  1911     39     Red  Lake  lands.     540. 

Apr.     6,  1910     38     Red  Lake  lands;  extension  of  time.     547. 

May  10,  1904  32  Red  Lake  Indian  reservation;  regulations  under  act  of  Feb- 
ruary 20,  1904;  for  sale  of  ceded  portion.  600. 

May  27,  1904  32  Red  Lake  Indian  reservation;  ceded  lands;  homestead  en- 
try; qualifications.  603. 

Feb.  2,  1912  40  Reclamation  entry;  cancellation  of  relinquishments.  398, 
504. 

Mar.  14,  1912  40  Reclamation,  North  Platte  project;  water  service  payments. 
507,  508. 

June  16,  1911     40     Reclamation  water  right  applications.     139. 

Sep.      3,  1884       3     Registered  mail.     108. 

Oct.    11,  1884       3     Registered  mail.     140. 

Railroad  Lands. 

June    1,  1900     30     Regulations  of  June  24,  1899,  amended.    43. 

Nov.  21,  1899     29     Regulations  under  Act  of  July  1,  1898,  modified.    316. 

Feb.  14,  1899  28  Regulations  of  June  24,  1898,  for  adjustment  of  Northern 
Pacific  grant.  103,  470. 

June  15,  1901  30  Regulations  under  Act  of  March  2,  1901,  extending  provi- 
sions of  Act  of  July  1,  1898,  to  certain  lands  within  the 
indemnity  limits  of  the  Northern  Pacific  land  grant.  620. 

Mar.  28,  1912  40  Regulations;  opening  of  Pine  Ridge  and  Rosebud  Indian 
lands.  518. 

Feb.  26,  1901  30  Reinstatement  of  canceled  entries,  instructions  of  April  28, 
1899r  construed.  495. 

Apr.  29,  1908     36     Repayment.     388. 

July  23,  1910     39     Repayment.      141,    146 535 

Nov.     2,  1895     21     Repayment;  assignee.     366. 

Apr.     2,  1907     35     Repayment;  excess.     492. 

Jan.   22,  1901     30     Repayment;  instructions  governing.     430. 

July  23,  1883       2     Report  on  appeals.     205. 

Dec.   18,  1885       6     Report  on  appeals.     12. 

June  17,  1895     20     Reservations;  abandoned;  Act  Feb.  15,  1895.     569. 

July  22,  1890     11     Reservoir  lands.     212. 

June  23,  1899     28     Reservoir  for  watering  live  stock.     552. 

Sep.    24,  1910     39     Residence.     230. 

Feb.  21,  1911     39     Residence;  extension  of  time.    506. 

Revised  Statutes,   Table   of.     768 527 

Jan.   10,  1899     29     Revised  Rules  of  Practice.     725. 

July  15,  1901     31     Revised  Rules  of  Practice.     527. 

(See  also  Rules  of  Practice.)     See  also  Rules  of  Practice. 
729. 

Aug.  29,  1884       3     Right  of  appeal.     99. 

Mar.  21,  1892     14     Right  of  way.     See  Canals,  Ditches,  etc.     338. 

Feb.   20,  1894     18     Right  of  way.     168. 

Nov.  27,  1896     23     Right  of  way.     458. 

Dec.   23,  1896     23     Right  of  way.     519. 

July     8,  1898     27     Right  of  way.     200. 

Mar.     8,  1895     20     Right  of  way;  Act  of  January  21,  1895.     164. 

June    6,  1908     36     Right  of  way.     567. 

May  21,  1909     37     Right  of  way.     787. 

Jan.    19,  1910     38     Right  of  way.     399. 

Oct.    20,  1910     39     Right  of  way.     309. 

Jan.     3,  1888     12     Right  of  way  Act.     423. 


132 


Date  of  circular. 

Apr.  17,  1891  12 

June  6,  1908  36 

June  26,  1902  31 

June  27,  1900  30 

Sep.  28,  1905  34 

Feb.  23,  1895  20 

Feb.  2,  1910  38 


Nov.  3,  1909 
Jan.  29,  1910 


Jan.  7, 
Mar.  15, 
Aug.  19, 
Sep.  21, 
Apr.  18, 
Dee.  9, 
May  26, 
June  17, 


38 
38 


Oct.  21,  1910  39 

Apr.  25,  1906  34 

Apr.  14,  1911  40 

Aug.  2,  1905  35 

Feb.  11,  1904  32 

Apr.  18,  1899  28 

June  4,  1903  31 

July  7,  1905  34 

Mar.  1,  1905  33 


July 

8, 

1901 

31 

June 

18, 

1906 

34 

Feb. 

2, 

1912 

40 

Dec. 

10, 

1909 

38 

Jan. 

7, 

1910 

38 

Nov. 

28, 

1908 

37 

Jan. 

12, 

1909 

37 

Feb. 

8, 

1909 

37 

Apr. 

5, 

1910 

38 

Sep. 

19, 

1904 

33 

Aug. 

25, 

1908 

37 

May 

23, 

1904 

32 

May 

23, 

1904 

32 

July 

19, 

1904 

33 

Feb. 

9, 

1905 

33 

Jan.  20,  1912  40 
Nov.  7,  1905  34 


1892  14 

1892  14 

1893  17 
1893  17 
1899  28 
1910  39 
1898  26 
1901  30 


Mar.    7,  1911    39 


Vol.  L.  D.    Page  L.  D.     Page  this  book. 

Eight  of  way  for  canals,  etc.,  Act  March  3,  1891.     429. 

Eight  of  way  for  canals  and-  ditches.     482. 

Eight  of  way  for  ditches  and  reservoirs.     303. 

Eight  of  way  for  ditches  and  reservoirs  over  the  public 
lands  and  reservations,  regulations  concerning.  325. 

Eight  of  way  for  canals,  ditches,  reservoirs,  etc.,  regula- 
tions relating  to.  212. 

Eight  of  way  forfeiture,  C.,  M.  &  St.  Paul.     121. 

Bight  of  way  franchise  tax.     414. 

Eight  of  way;  notation  of.     284. 

Bight  of  way;  power  sites.     405. 

Eight  of  way;   reclamation  projects.     334. 

Eight  of  way  for  railroads,  canals,  reservoirs,  etc.,  amend- 
ments to  regulations  concerning.  583. 

Eight  of  way,  electric  power,  telegraph  and  telephone  lines, 
under  act  of  March  4,  1911;  Public  No.  478.  30. 

Eight  of  way;  forest  reserves;  jurisdiction.     G4 90 

Eight  of  way  of  railroads  over  public  lands;  regulations 
concerning.  481. 

Eight  of  way  regulations;  Indian  lands.     457 90 

Eight  of  way;  reservation  in  patent;  Act  August  30,  1890. 
147. 

Eight  of  way  over  lands  segregated  from  Yosemite  Park 
and  included  in  Sierra  forest  reserve.  15. 

Eight  of  way;  regulations  concerning  within  forest  re- 
serves for  dams,  reservoirs,  water  plants,  ditches,  flumes, 
pipes,  tunnels,  and  canals;  Act  of  February  1,  1905. 
451  90 

Bight  of  way;  telegraph  and  telephone  lines,  electrical 
plants,  canals,  reservoirs,  etc.  13 90 

Eight  of  way  for  telephone  and  telegraph  lines;  paragraph 
54  of  regulations  of  September  28,  1905,  revoked.  693. 

Eight  of  way;  notation  of  on  entry  papers;  instructions. 
398  159 

Eocky  Boy  lands.     359. 

Eocky  Boy  lamlg.     360. 

Eosebud  lands;  indemnity  school  selections.     278. 

Eosebud  lands;  regulations  modified.     393. 

Eosebud  lands;  Gregory  County.     442. 

Bosebud  lands;  extension  of  time.     544. 

Eosebud  ceded  lands;  disposition  after  expiration  of  "sixty- 
day  period."  255. 

Eosebud  ceded  lands;  opening  of.     124,  131. 

Eosebud  Indian  reservation;  ceded  lands;  homestead  en- 
try; qualifications.  629. 

Eosebud  reservation;  opening  of  ceded  Sioux  Indian  lands; 
Act  of  April  23,  1904.  628. 

Eosebud  reservation;  Indian  land;  non-mineral  affidavit. 
124. 

Eosebud  and  Devils  Lake  Indian  reservation;  residence;  act 
of  February  7,  1905.  408. 

Eosebud  Indian  lands;   state  selections;   instructions.     390. 

Bound  Valley  Indian  reservation;  lands  opened  to  settle- 
ment and  entry.  248. 

Bule  of  Practice  No.  14.     54. 

Bule  of  Practice  No.  53,  amended.     250. 

Eule  of  Practice  No.  114,  amended.     194. 

Bule  of  Practice  No.  70,  amended.     325. 

Bule  of  Practice  No.  42,  amended.     301. 

Eules  of  Practice.     (New  with  annotations.)     395 507 

Eules  of  Practice  Nos.  11,  14,  and  17,  amended.     710. 

Bules  of  Practice  Nos.  17,  44  and  91,  amended,  and  Eule 
8i/2  established.  622. 

Rule  No.  10,  notice.    552. 


133 

S 

Date  of  circular.         Vol.  L.  D.     Page  L.  D.     Page  this  book. 

May  23,  1911     40     Sale   of  lands;   errors  of  Moses'  agreements;   instructions. 
'   212. 

Feb.  13,  1901     31     Saline  land;  mining  laws,  Act  of  January  31,  1901.    131. 

Nov.  14,  1901     31     Saline  land;  non-saline  affidavit.     130,  131. 

Apr.     7,  1909     37     San  Bernardino  Valley.    575. 

May     8,  1885       3     Santee  Sioux  reservation.    534. 

Scrip;  unsurveyed  lands.     351,  824 557 

Dec.  22,1908     37     Scrip  regulations  and  laws.     816 559 

July  29,  1887       6     School  indemnity.     703. 

Dec.   19,  1893     17     School  indemnity.     576. 

Apr.  22,  1891     12     School  indemnity;  instructions  under  Act  of  February  28, 
1891.    400. 

Mar.  11,  1899     28     School  indemnity;  forest  reservations.     195. 

Feb.  21,  1901     30     School  indemnity;  forest  reservations;  instructions  of  Feb- 
ruary 28,  1891,  modified.     491. 

Jan.  30,  1904     32     School  indemnity  selections;  forest  reserve;  Par.  2,  of  in- 
structions of  February  21,  1901,  amended.     423. 

Mar.    6,  1903     32     School  land;  indemnity  selection;  mineral  character.     39. 

Oct.    29,  1902     31     School  land;  indemnity  selection;  assignment  of  base.     438. 

Jan.    10,  1906     34     School  land;  indemnity  selection.     365. 

May  10,  1904     32     School  land;     Sec.  2,  Act  of  February  2,  1863;  Act  of  June 
17,  1902.    604. 

Aug.    9,  1904     33     School  land;  Indian   reservation;    Act   February    22,    1889. 
181. 

Sep.   14,  1906     35     School  land  in  forest  reserves;  indemnity  selections.     158. 

Jan.     3,  1902     31     School  land;  lease;  Act  of  June  21,  1898.     188. 

June  21,  1905     33     School  land;   settlement  prior  to  survey;   notice  of  entry. 
638. 

May  24,  1910     38     School  selections.    611. 

Mar.  27,  1908     36     Second  desert  land  entries,  Act  February     3,  1911.     472. 

Mar.  23,  1895     20     Second  homesteads;  Act  December  29,  1894.     432. 

Feb.  29,  1908     36     Second  homesteads.     291. 

Mar.  29,  1910     38     Second  homesteads.     507. 

June  27,  1900     30     Second  homestead  entries;  Act  June  5,  1900.     374. 

June  11,  1907     35     Second  homestead  entries.     590. 

Apr.  29,  1905     33     Second  homestead  entries;  Sec.  2298,  K.  S.     538. 

Sep.     1,  1905     34     Second  homesteads  entries;  Sec.  3,  Act  June  5,  1900.     114. 

May  20,  1904     32     Second  and  additional  homestead  entries,  Act  of  April  28, 
1904.     639. 

Feb.  28,  1911     39     Second  homestead  and  desert  entries.     524. 

Oct.    16,  1909     38     Selection  lists.     271. 

Apr.     9,  1909     37     Selection  lists  under  Carey  Act.     624. 

Apr.  16,  1910     38     Serial  number  registers.     575. 

Apr.  30,  1907     35     Settlement  on  school  lands;  notice  of  entry.     581. 

Mar.  25,  1907     35     Settlement;  final  proof;  payment;  Los  Angeles.    479. 

June  18,  1900     30     Settlers  on  ceded  Indian  reservations;   Act  May  31,  1900. 
361. 

May  12,  1902     31     Settlers  in  forest  reserves;  Act  April  15,  1902.     331. 

Sep.    19,  1889       9     Settlers'  leave  of  absence.     433. 

Apr.  30,  1887       5     Settlers  on  northern  Kansas  railroad  lands.     627. 

Nov.    1,  1890     11     Settlers  on  railroad  lands.     434. 

Sep.   22,  1902     31     Settlers  on  railroad  and  wagon  grants.     424. 

Apr.  20,  1886       5     Settlers  on  restored  railroad  lands.     165. 

Nov.    7,  1890     11     Settlers  on  Northern  Pacific  indemnity  lands.    435. 

Aug.    5,  1896     25     Settlers  on  Northern  Pacific  indemnity  lands.     256. 

May  22,  1906     34     Settlers  on  St.   Paul,   Minneapolis   and   Manitoba   Eailway 
lands.    630. 

May  13,  1904     32     Settlers  on  Wisconsin  Central  Kailroad  and  The  Dalles  mil- 
itary wagon-road  land  grants.     620. 

May  20,  1911     40     Shoshone  project;  reclamation;  public  notice.     122. 

June    4,  1906     34     Shoshone  lands;  opening  of.     645. 

June    4,  1906     34     Shoshone  lands;  homestead  entrv;  qualifications.     647. 

Feb.     6,  1911     39     Shoshone  project.    537. 


134 

Bate  of  circular.        Vol.  L.  D.    Page  L.  D.     Page  this  book. 

Mar.  25,  1911  39     Shoshone  project.    538. 

Jan.  25,  1907  35     Shoshone  and  Wind  River  Indian  lands;  residence.    397. 

Feb.     9,  1912  40     Shoshone  project;  reclamation;  charges.     422. 

Mar.  23,  1912  40     Shoshone  project;  reclamation;  water  service.     515. 

May  20,  1895  20     Siletz  lands     opened  to  entry.     476. 

Apr.  19,  1911  40     Siletz  lands;  homestead  entry;  Act  March  4,  1911.    38. 

Mar.  25,  1890  10     Sioux  Indian  lands.     562. 

Mar.  24,  1890  10     Sioux  Indian  lands;  Act  March  2,  1889,  Sec.  21.     328. 

Mar.  22,  1892  14    Sisseton  and  Wahpeton  Indian  lands.     302. 

June    3,  1904  33     Sisseton,  Wahpeton,  and  Cut  Head  Indian  lands;  opening 

of.    8. 

June    3,  1904  33     Sisseton,  Wahpeton  and  Cut  Head  Indian  lands;  homestead 

entry;  qualifications.     9. 

Mar.  30,  1909  37     Small  holding  claims.    536. 

Mar.  16,  1885  3     Soldiers'  additional.     472. 

Oct.    16,  1894  19     Soldiers'  additional;  Act  of  August  18,  1894.    302. 

Apr.     1,  1910  38     Soldiers'  additional.    517. 

Sep.    12,  1908  37     Soldiers'  additional  applications.     160. 

May     8,  1901  30     Soldiers'  additional  homestead;  assignment.     604. 

Feb.  13,  1883  1     Soldiers'  homestead  entries.     654. 

July     7,  1904  33)      Soldiers'  homestead;  Sec.  2307,  B.  S.;  residence.     84. 

July  20,  1904  33  )      Anna  Bowes  case.     126. 

Oct.    11,1910  39     Soldiers'    and    sailors'   homesteads.      291 559 

See   Soldiers'   Additional   Eights.      816 565 

Apr.  15,  1899  28  Southern  Ute  Indian  lands.     271. 

May  20,  1907  35  Southern  Ute  Indian  reservation;  desert  lands;  Carey  Act. 

477. 

Feb.  14,  1906  34  Special  agents'  reports.     439. 

Sep.   30,  1907  36  Special  agents'  reports.     112. 

Nov.  25,  1907  36  Special  agents'  reports.     178. 

Apr.  25,  1908  36  Special  agents'  reports.     367. 

Jan.   19,  1911  39  Special  agents'  reports.     458. 

May     8,  1884  2  Special  agents'  reports;  hearings  on.     807. 

July     3,  1885  4  Special  agents'  reports;  hearings  on.     503. 

July     6,  1886  5  Special  agents'  reports;  hearings  on.     149. 

Nov.    4,  1895  21  Special  agents'  reports;  hearings  on.     367. 

July  16,  1898  27  Special  agents'  reports;  hearings  on.     239. 

Sep.    17,  1884  3  Special  agents'  reports;  hearings  on.     113. 

Aug.  18,  1899  29  Special  agents'  reports;  proceedings  on.     141. 

Sep.    14,  1907  . .  Special  order  of  business. 

Aug.  31,  1910  39  Spokane  lands.     172. 

Mar.  30,  1908  36  State  lists  under  Carey  Act.     342. 

May  10,  1893  16  State  selections.     462. 

July     9,  1894  16  State  selections.     23. 

Nov.  27,  1896  23  State  selections.     459. 

May  27,  1891  24  State  selections.     548. 

June  17,  1897  24  State  selections.     553. 

Apr.  25,  1907  35  State  selections.     537. 

June  23,  1910  39  State  selections.     39. 

Nov.  22,  1894  20  State  selections  of  desert  lands.     440. 

Aug.     5,  1895  21  State  selections  of  desert  lands.     89. 

Mar.  15,  1898  26  State  selections  of  desert  lands.     480. 

Sep.   20,  1898  26  State  selections  of  desert  lands.     635. 

Nov.  10,  1900  30  State  selections;  reservation  in  excess  of  grant.     344. 

See  Carey  Act.      404. 

Oct.    12,  1892  15  Stone  land;  timber  land;  with  copy  Act  August  4,  1892.   360. 

July  14,  1897  25  Sugar-loaf  reservoir  site.    15. 

Aug.    4,  1906  35  Suggestions  to  homesteaders.     187,  503 ^ 

Mar.    9,  1908  36  Suggestions  to  homesteaders.     373,  503 I  o9fi 

Apr.  10,  1909  37  Suggestions  to   homesteaders.     638,  503 [** 

Sep.    24,1910  39  Suggestions  to  homesteaders.     232,  503 J 

Suggestions  to  homesteaders  and  persons  desiring  to  make 

Apr.  20,  1911  40         homestead  entries;  previous  circulars  amended.     39.. 326 

Mar.  28,  1911  39  Sun  River  project.     614. 

July     9,  1910  39  Surface  patents;  Indian  allotments.    76. 


135 


Date 

Mar. 

Sep. 

Sep. 

Dec. 

Dec. 

Jan. 

Nov. 

Apr. 

Apr. 

Oct. 

Mar. 


of  circular. 

25,  1909  37 

7,  1909  38 

8,  1910  .  . 
16,  1891  13 

3,  1891  13 

12,  1892  14 

10,  1883  2 

8,  1899  29 

15,  1886  4 

16,  1896  23 
14,  1901 


30 


Oct.    29,  1898  27 

Sep.      7,  1899  29 

June    2,  1887  5 

Dec.     9,  1890  11 

July  29,  1911  40 

July   12,  1907  36 

Nov.    4,  1905  34 

Dec.   13,  1886  5 

Sep.    19,  1891  13 

June  17,  1905  33 


Vol.  L.  D.     Page  L.  D.     Page  this  book. 
.Surface  rights.     528,  307. 
Surface  rights.     183. 
Act  June  22,  1910.    480. 
Survey;  instructions.     710. 
Survey;  maximum  rates.     642. 
Survey;  meandered  lake.     119. 
Survey;  manner  of  closing.     470. 
Survey;  deposits  for  by  railroad  companies.     632. 
Survey  on  deposit.     488. 
Survey;  restoration  of  lost  corners.     361. 
Survey;  restoration  of  lost  or  obliterated  corners;   circular 

of  October  16,  1896,  23  L.  D.,  reapproved  and  reprinted 

in  pamphlet  form. 

Survey;  penalty  for  destroying  marks  of.     574. 
Survey  of  settlers'  claim  in  Black  Hills  reserve.     1!)2. 
Survey;  subdivision  of  sections.     699. 
Survey;  subdivision   of  sections;   circular   of  June   2,   1887 

(5  L.  D.,  699,  reissued).     603. 
Survey  of  mining  claim  plat.     216. 
Surveyor-general  scrip.     11. 
Suspension   of   applications   for   isolated   tracts   containing 

less  than  40  acres.    245. 
Swamp  lands.     279. 
Swamp  lands.     301. 
Swamp  lands;  field  notes  of  survey.     616. 


June 

11, 

1883 

2 

Mar. 

4, 

1884 

2 

Mar. 

<>2 

1884 

2 

Aug. 

19, 

1911 

40 

Mar. 

25, 

1896 

22 

Mar. 

16, 

1909 

37 

Feb. 

1, 

1882 

1 

June 

2", 

1887 

6 

Apr. 

6, 

1893 

16 

Dec. 

20, 

1882 

1 

Feb. 

13, 

1883 

1 

July 

16, 

1889 

9 

Dec. 

3, 

1889 

9 

June 

30, 

1882 

1 

May 

7, 

1886 

4 

Aug. 

5, 

1886 

5 

May 

5, 

1891 

12 

May 

5, 

1891 

13 

Feb. 

23, 

1897 

24 

Jan. 

26, 

1892 

14 

Aug. 

21, 

1907 

36 

Julv 

17, 

1909 

38 

Sept. 

19, 

1902 

31 

June 

9, 

1897 

24 

Oct. 

12, 

1882 

1 

Dec. 

4, 

1899 

29 

Mar. 

3, 

1883 

1 

Nov. 

30, 

1908 

Dec. 

4, 

1898 

27 

Dec. 

15, 

1885 

4 

Julv 

18, 

1895 

21 

Sept.  19,  1898  27 

May  15,  1891  12 

Aug.  11,  1898  27 

O<-t.    24,  1881  1 

Mar.     1,  1883  1 

June    2,  1908  36 


Testimony;  place  for  taking.  231. 
Testimony;  place  for  taking.  204. 
Testimony;  place  for  taking.  235. 

Testimony;  preparation  of  transcript.     230 

Timber,  Act  of  Mar.  4,  1896.     350. 
Timber.    492,  559. 
Timber  culture.     638. 

approved  July  12,  1887.     280. 

amendatory  Act  of  Mar.  3,  1893. 

contests.     651. 

contests.     652. 
86. 


.167 


Timber  culture; 

Timber  culture; 

Timber  culture; 

Timber  culture; 

Timber  culture;  final  proof. 

Timber  culture;  final  proof. 

Timber  cutting.  697. 

Timber  cutting.  521. 

Timber  cutting.  129. 

Timber  cutting.  456. 

Timber  cutting.  149. 

Timber  cutting.  167. 

Timber  cutting.  96. 

Timber  cutting.  73. 

Timber  cutting. 


345. 


672. 


412. 


.572, 


579 
565 


Timber  cutting;  Act  of  July  1,  1898. 

Timber  cutting;  exportation.     587. 

Timber  cutting;  mesquite.     695. 

Timber  cutting;  mineral  lands.     349. 

Timber  cutting  for  railroad  construction.     699. 

P.   289,   supplemented.     858      

Timber  cutting;  report  of  special  agents.     682. 

Timber  lands.     289. 

Timber  land,  entries   made   prior   to   decision   in   Gibson   v. 

Smith.     67. 

Timber;  protection  of.     696. 

Timber  reservations;  instructions  to  special  agents. 
Timber;  sale  of,  on    Colville  reservation.     366. 
Timber;  trespass.     701. 

Timber;  trespass;  measure  of  damages.     695. 
Turtle  Mountain  allotments.     452. 


499. 


136 


Date  of  circular. 

June  20,  1907  35 

Sept.  30,  1907  36 

Feb.  8,  1912  40 

Apr.  22,  1911  40 

Sept.  26,  1911  40 

Aug.  7,  1909 


July  9,  1910  39 

Mar.  30,  1911  39 

Oct.  16,  1905  34 

July  15,  1905  34 

July  15,  1905  34 

Feb.  20,  1906  34 

June  13,  1905  33 

July  29,  1902  31 

Apr.  19,  1905  33 

Mar.     2,  1912  40 

June  25,  1906  34 

Apr.  14,  1898  28 

June     5,  1897  24 

Feb.  27,  1900  29 

May  15,  1907  35 

Apr.    5     1883  1 

July     9,  1883  1 

Apr.     5,  1883  2 

May  16,  1911  40 
Nov.    3,  1909 


Vol.  L.  D.     Page  L.  D.     Page  this  book. 
Turtle  Mountain  Chippewa  Indian  patents.     608. 
Turtle  Mountain  lands.     105. 

Truckee-Carson  project;  reclamation;  paj'ment.     422. 
Truckee-Carscn  project;  reclamation;  payment.     51. 
Timber  and  stone  regulations;  revised  Aug.  11,  1911.     238. 
Townsites,  parks  and  cemeteries.     834 211 

U 

Uintah  lands.       79. 

Uintah  lands.     617. 

Uintah  lands;  disposition  after  "sixty  day  period."     176. 

Uintah  lands.     Persons  not  qualified  to  enter.     8. 

Uintah  lands;  regulations  governing  opening.     7. 

Uintah  lands;  residence;  Act  Jan.  27,  1906.     452. 

Uintah  Indian  reservation;   unalloted  lauds,  Acts  May  27, 

1902,  and  Mar.  3,  1895.     610. 

Umatilla  Indian  reservation  lands,  sale  of,  Act  of  July  1, 
1902.     392. 

Umatilla  Indian  lands,  Act  Mar.  3,  1895.     515. 
Umatilla  project;  reclamation;  charges  and  payments.     482. 
Uncomphagre  Indian  lands;  even  numbered  mineral  sections. 

650. 

Uncomphagre  Alte  lands.     88. 
Unearned  fees  and  unofficial  moneys.     505. 
Unearned  fees  and  unofficial  moneys.     649. 
Unearned  fees  and  unofficial  moneys.     568. 
Unlawful  inclosures.     684. 
Unlawful  inclosures.     684. 
Unlawful  inclosures  of  public  lands.     640. 
Umatilla  project;  reclamation jpayment.     96 
Unsurveyed   lands,  locations.     153 85 


June  13,  1896     22 
July     1,  1911 


June    9,  1908  36 

Apr.  30,  1909  37 

Mar.  25,  1907  35 

Mar.  22,  1909  37 

Apr.  20,  1909  37 

Jan.   30,  1911  39 

Mar.     5,  1910  38 


Vacancy  in  local  office,  applications.     704. 
Vacant  Land  Circular  No.  42 


July  7, 
Dec.  26, 
July  5, 

July  24, 
Aug.  5, 
Aug.  6, 
Aug.  14, 
Sept.  16, 
Dec.  6, 

July  23, 
June  9, 
Apr.  14, 


1906  35 

1907  36 
1901  31 

1901  31 

1901  31 

1901  31 

1901  31 

1901  31 

1901  31 

1910  39 

1908  36 

1911  40 


W 

Warrant  and  scrip  locations.     501. 

Warrant  and  scrip  locations.     617. 

Washington;  state  of;  final  proof  desert  land  entries;  exten- 
sion of  time.  478. 

Water-rights.     521. 

Water  rights;  applications.     581 

Water  rights;  Forms.     542. 

Water  rights;  mortgage  foreclosure.     480. 

Adjudication.      867 587 

Wausau  land  district;  withdrawal  in;  Act  June  27,  1906.    11, 

White  Earth  patents.     210. 

Wichita  &  Kiowa,  Comanche  and  Apache  lauds,  homestead 
entry,  qualifications.  9. 

Wichita  and  Kiowa,  Comanche  and  Apache  lands,  home- 
stead, commutation.  46. 

Wichita  and  Kiowa,  Comanche  and  Apache  lands,  regula- 
tions. 62. 

Wichita  and  Kiowa,  Comanche  and  Apache  lands,  regula- 
tions, Aug.  5,  1901,  amended.  63. 

Wichita  and  Kiowa,  Comanche  and  Apache  lauds,  regula- 
tions, Aug.  5,  1901,  amended.  67. 

Wichita  and  Kiowa,  Comanche  and  Apache  lands;  disposi- 
tion after  expiration  of  "sixty  day  period."  107. 

Wichita  and  Kiowa,  Comanche  and  Apache  lands;  mining 
claim  within  townsite,  June  6,  1900.  154. 

Wisconsin  lands.     111. 

Wisconsin;  settlers  on  railroad  lands.     504. 

Williston  project;  reclamation;  water  supply;  payments.   31. 


197 

Date  of  circular.  Vol.  L.  D.     Page  L.  D.     Page  this  book. 

Mar.  22,  1911     39  Witnesses.     601. 

June    1,  1908     36  Witness  fees  and  mileage.     473. 

Nov.  16,  1889       7  Wyoming  school  lands.     585. 

July  23,  1898     27  Wyoming;  export  of  timber  from.     276. 


May  27,  1905     33     Yakima  Indian  reservation;  Act  Dec.  21,  1904.     579. 

June  28,  1905     33     Yakima  Indian  reservation;  unalloted  lands.     671. 
Yakima  Indian  reservation;  Dec.  21,  1904.     673. 

July     1,  1904     33     Yakima  Indian  reservation;    suspension    of,    application   to 
purchase  lands  under  Act  June  3,  1878.     83. 

May  17,  1895     20     Yankton  lands  opened  to  entry.     435. 

June  19,  1906     34     Yellowstone  forest  reserve;  certain  lands  opened  to  home- 
stead settlements  and  entry.     700. 

May     9,  1910     38     Yuma  and  Colorado  Eiver  project  lands.     589\ 

Mar.     8,  1912     40     Yuma  project;  reclamation;  payment.     492. 

Apr.  14,  1911    40     Yakima  project;  reclamation;  water  rights.     33. 

HOMESTEAD  FINAL  PROOF. 

COMMUTATION. 

1.  Entries  subject  to  commutation. 

2.  Entries  not  subject  to  commutation. 

3.  Residence,  improvement  and  cultivation. 

4.  Notice  of  intention  to  make  proof. 

5.  Form  of  testimony  of  claimant. 

6.  Right  to  commute,  Sec.  2301,  R.  S. 

7.  Rules  to  be  observed  in  passing  on  final  proofs. 

8.  Special  circulars  and  instructions. 

9.  By  whom  proof  may  be  offered. 

10.  How  proofs  may  be  made. 

11.  Publication  fees. 

12.  Duty  of  officers  before  whom  proofs  are  made. 

13.  Fees  and  commissions. 

14.  Alienation  after  proof  and  before  patent. 

15.  Relinquishments. 

16.  Designation  of  lands. 

17.  Compactness — fees. 

18.  Setting  of  final  proofs. 

Instructions  Relative  to  Publication  of  Final-Proof  Notices  and  Concerning  the 
Discretionary  Authority  of  Registers  in  the  Selection  of  Newspapers  for 
That  Purpose. 

First.     Publication  of  notice  of  intention  to  make  final  proof. 
Second.     Must  be  published  in  paper  nearest  land. 
Third.     Need  not  be  in  same  county. 
Fourth.     Authority  of  register.  v 

Fifth.     Discretion  of  register — efficiency  of  newspapers. 
Sixth.     Care  to  be  used  in  observance  of  rules. 

Seventh.     Persons  seeking  to  make  proof  not  allowed  to  select  paper. 
Eighth.     Above  rules  not  applicable  to  timber  and  stone  lands. 
Ninth.     Filing  of  complaint. 

Tenth.     Information  necessary  to  filing  of  complaint. 

Eleventh.     Authority  of  register  and  receiver  in  case  of  complaint;  right 
of  appeal. 

Twelfth.     Failure  to  appeal. 

Thirteenth.    Procuring  of  publication  of  final-proof  notices  by  register. 

Homestead  and  Pre-emption  Entries. 

1.  Act  of  Congress  of  Mar.  3,  1879  (20  Stat.,  472),  page  49. 

2.  Circular  of  April  10,  1909,  requirements. 

40.  How  proofs  may  be  made. 

41.  Publication  fees. 

42.  Duty  of  officers  before  whom  proofs  are  made. 


138 

Desert  Land  Entries. 

1.  Circular  of  June  27,  1887  (5  L.  D.,  708),  paragraph  13. 

2.  Act  of  Congress  of  Mar.  11,  1902  (32  Stat.,  63),  giving  implied  statu- 
tory sanction  to  above-quoted  circular  requirement. 

3.  Circular  of  Nov.  30,  1908  (37  L.  IX,  312),  paragraphs  20  and  21,  repeat- 
ing requirement  of  publication. 

Timber  and  Stone  Cash  Entries. 

1.  Act  of  Congress  of  June  3,  1878  (20  Stat.,  89),  section  3. 

2.  Circular  of  Nov.  30,  1908  (37  L.  D.,  289),  paragraph  25,  expressing  the 
requirement  imposed  by  section  3  of  the  above-mentioned  act. 

Carey  Act  Selections. 

1.  Act  of  Congress  of  Aug.  18,  1894  (28  Stat.,  372,  422),  commonly  known 
as  "the  Carey  Act."     (Section  2.) 

2.  Circular  of  Apr.  9,  1909,  renewing  and  repeating  provisions  of  previous 
circulars  (paragraph  15). 

Grants  to  States  and  Territorits  for  Educational  Purposes. 

1.     Circular  of  Apr.  25,  1907  (35  L.  D.,  537),  paragraphs  9,  10  and  11. 

Isolated  Tracts  of  Public  Lands. 

1.  Section  2455,  U.  S.  Eevised  Statutes,  as  amended  by  the  Act  of  Con- 
gress of  June  27,  1906  (34  Stat.,  517). 

2.  Circular  of  July  18,  1906  (35  L.  D.,  44),  paragraph  7. 

Scrip,  Military  Bounty  Land  Warrants,  Soldiers'  Additional  Homestead,  Forest 
Reserve,  and  Other  Lieu  Selections  and  Locations. 

1.     Circular  of  Feb.  21,  1908  (36  L.  D.,  278),  paragraphs  2  and  3. 
Mineral  Lands  and  Mining  Resources. 

1.  Section  2325,  U.  S.  Eevised  Statutes. 

2.  Mining  regulations  of  Mar.  29,  1909  (37  L.  D.,  728),  rules  45,  46  and  47. 

Coal  Lands. 

1.  Section  2325,  U.  S.  Eevised  Statutes.     (See  said  section  quoted  above.) 

2.  Circular  of  Apr.  12,  1907  (35  L.  D.,  665),  reprinted  July  11,  1908,  para- 
graphs 17  and  18. 

Exchange  of  Public  Lands  for  Lands  in  Private  Ownership  Within  the  Limits 
of  Any  Indian  Reservation  Created  by  Executive  Order. 

1.  Act  of  Congress  of  April  21,  1904  (33  Stat,,  211). 

2.  Circular  of  March  3,  1909  (37  L.  D.,  537),  paragraphs  11  and  12. 

Alaskan  Coal  Lands. 

1.  Act  of  Congress  of  Apr.  28,  1904  (33  Stat.,  525),  section  2. 

2.  Circular  of  July  18,  1904  (33  L.  D.,  114). 

1.  All  original,  second,  and  additional  homestead,  and  adjoin- 
ing farm  entries  may  be  commuted,  except  such  entries  as  are  made 
under  particular  laws  which  forbid  their  commutation. 

2.  Commutation  proof  can  not  be  made  on  homestead  entries 
allowed  under  the  Act  of  April  28,  1904  (33  Stat.,  547),  known  as 
the  Kinkaid  Act;  entries  under  the  Reclamation  Act  of  June  17, 
1902  (32  Stat.,  388) ;  entries  under  the  Enlarged  Homestead  Act 
(post,  par.  46  et  seq.) ;  entries  allowed  for  coal  lands  under  the  Act 
of  June  22,  1910  (36  Stat.,  583),  so  long  as  the  land  is  withdrawn 
or  classified  as  coal;  additional  entries  allowed  under  the  Act  of 
April  28,   1904    (33   Stat.,  527,  Appendix  No.  4) ;   second  entries 
allowed  under  the  Act  of  June  5,  1900   (31  Stat.,  267,  Appendix 
No.  5) ;  or  second  entries  alllowed  under  the  Act  of  May  22,  1902 


139 

(32   Stat.,    203,    Appendix    No.    5),    when   the    former    entry   was 
commuted. 

An  exception  to  prohibition  of  commutation  proof  in  cases  where 
entry  is  made  subject  to  the  Act  of  June  22,  1910,  and  that  is  where 
the  settler  initiated  his  entry,  selection  or  location  in  good  faith 
prior  to  the  passage  of  the  Act.  See  law  and  circular  of  instruc- 
tions thereunder,  page  480. 

3.  Where  there  has  been,  immediately  prior  to  the"  application 
to  submit  proof  on  a  homestead  entry,  or  immediately  prior  to  the 
submission  of  proof,  at  least  14  months'  actual  and  substantially 
continuous  residence,  accompanied  by  improvement  and  cultivation, 
the  entryman,  or  his  widow  or  heirs,  may  obtain  patent  by  proving 
such  residence,  improvement,  and  cultivation,  and  paying  the  cost 
of  such  proof,  the  land  office  fees,  and  the  price  of  the  land,  which 
is  $1.25  per  acre  outside  the  limits  of  railroad  grants  and  $2.50  per 
acre  for  lands  within  the  granted  limits,  except  as  to  certain  lands 
which  were  opened  under  statutes  requiring  payment  of  a  price 
different  from  that  here  mentioned.     (See  circular  of  Oct.  18,  1907, 
Appendix  No.  14.) 

NOTICE  OF  INTENTION  TO  MAKE  PROOF. 

4.  Persons  desiring  to  submit  commutation  or  other  final  proof 
in  homestead  and  desert  land  cases  are  required  to  present  a  writ- 
ten notice  of  intention  to  make  final  proof  to  the  Register  and 
Receiver  of  the  land  office  for  the  district  in  which  the  land  is 
situated.     This  notice  must  be  plainly  written.     It  must  contain 
a  statement  showing  the  number  and  date  of  entry,  with  correct 
description  of  the  land  involved,  the  character  of  proof  the  claimant 
wishes  to  submit,  and  the  names  of  four  disinterested  witnesses, 
with  their  postoffice  addresses.     The  Christian  names  of  the  wit- 
nesses must  be  given  in  full,  for  example — John  J.  Smith.     Do  not 
abbreviate  nor  give  the  initial  of  the  Christian  name.     An  improper 
application  to  submit  final  proof  creates  much  unnecessary  work  on 
the  part  of  the  officers,  and  becomes  a  source  of  annoyance  to  the 
entryman,  always  resulting  in  delay.     We  present  herewith  appli- 
cation to  submit  proof  made  on  approved  form. 

4-348. 

NOTICE  OF  INTENTION  TO  MAKE  PROOF. 

DEPARTMENT  OF  THE  INTERIOR. 

U.  S.  Land  Office  at  . 


,19 

I, ,  of ,  who,  on  ,  19. . .  .j  made 

,  No ,  for Section , 

(Kind  of  application  or  entry.) 

Township ,  Range , Meridian,  hereby  give  notice  of  my  inten- 
tion to  make  final proof,  to  establish  my  claim  to  the  land  above 

(If  homestead,  insert  "five  year''  or  "commutation,"  as  case  may  be.) 

described,  before ,  at ,  on  the 

(Name  of  officer.) 

day  of ,  19. . . .,  by  two  of  the  following  witnesses: 

,of 

,of 

,of 

,  of 


(Signature  of  claimant.) 

,19- 


140 

Notice    of    the    above    intention    to    make    proof    will    be    published    in    the 

(Name  of  newspaper.)  (I'lace  of  publication.) 

for  a  period  of   consecutive    ,  which  I  hereby  designate  as  the 

newspaper  published  nearest  the  land  above  described. 


Register. 

The  date  of  making  proof  and  the  name  of  the  paper  in  which 
the  notice  is  to  be  published  must  be  left  blank.  The  date  will  be 
fixed  and  the  newspaper  designated  by  the  Register  of  the  Land 
Office. 

Upon  the  filing  of  the  notice  of  intention  to  make  final  proof, 
notices  of  the  same  are  made  in  triplicate.  One  of  these  notices  is 
posted  in  the  Land  Office,  one  going  to  the  chief  of  field  division 
for  the  district,  and  the  other  to  the  newspaper  designated  by  the 
Register  to  publish  the  same.  Publication  is  made  for  six  weeks 
prior  to  date  set  for  the  taking  of  proof.  Publication  fee  must  be 
paid  by  the  entryman.  The  charge  may  vary  in  homestead  cases 
in  different  localities.  In  the  Mountain  States  the  fee  of  the  pub- 
lisher is  $8  and  this  is  considered  a  very  reasonable  charge. 

Of  the  four  witnesses  named  by  claimant,  he  must  produce  two 
to  give  testimony  in  support  of  his  entry.  The  testimony  of  wit- 
nesses and  claimant  must  be  taken  separately  and  without  the  hear- 
ing of  each  other.  Officers  failing  to  follow  this  practice  are  violat- 
ing the  regulations  of  the  Department  in  such  cases. 

The  claimant  is  required  to  pay  the  charges  of  making  the 
papers  in  connection  with  final  proofs  where  the  same  are  not  taken 
before  the  Register  and  Receiver  of  the  Land  Office.  For  sched- 
ule of  legal  charges  see  441.  Whether  the  testimony  is  taken 
before  the  Register  or  Receiver  or  other  officers,  the  Register  and 
Receiver  are  allowed  to  charge  the  legal  rate  for  examination  of 
testimony  in  homestead  final  proof  cases.  The  cost  of  examination 
of  proof  varies  according  to  the  State  and  number  of  words 
involved,  ranging  from  75  cents  to  $3. 

Final  proofs  are  passed  on  by  the  Register  and  Receiver  as  soon 
as  possible  consistent  with  public  business.  Payment  of  either  the 
price  of  the  land  under  commutation,  or  final  commissions,  will  not 
be  accepted  till  the  proof  has  been  examined  and  found  satisfactory. 
If  the  proof  is  found  satisfactory,  the  same  will  be  passed,  otherwise 
it  will  be  rejected.  Due  notice  of  which  will  be  sent  the  claimant. 
In  case  the  proof  is  approved,  the  claimant  will  be  given  a  reason- 
able 'opportunity  to  make  payment,  usually  from  ten  to  thirty 
days.  If  the  claimant  fails  to  make  the  payment  within  the  time 
allowed  when  called  for,  the  proof  will  be  rejected,  and  a  new  proof 
will  be  required. 

Should  the  claimant  fail  to  appear  before  the  officer  designated 
to  take  the  proof  at  the  time  set,  or  within  ten  days  thereafter,  his 
application  will  be  rejected.  Taking  of  proof  may  be  continued 
under  certain  circumstances. 

IMPORTANT  TO  KNOW. 

It  is  important  to  know  the  date  the  claimant  established  his 
residence;  the  date  he  completed  his  house  and  established  his 
residence  therein,  and  the  character  and  extent  and  value  of  his 


141 

improvements,    and    the    amount    of    land    cultivated    and    crops 
produced. 

The  questions  submitted  to  claimant  and  witnesses  are  substan- 
tially the  same.  All  absences  of  the  entryman  must  be  noted.  In 
view  of  so  many  inquiries  for  information  as  to  what  the  claimant 
and  his  witnesses  must  know  of  their  own  knowledge  when  giving 
evidence  in  final  proofs  in  homestead  cases,  we  give  herewith  the 
information  required  on  claimant  in  such  cases,  as  is  disclosed  by 
the  questions  contained  in  approved  form  of  deposition  of  claimant. 

4—369. 

Form  approved  by  the  Secretary  of  the  Interior,  November  23,  1908. 

DEPAETMENT  OF  THE  INTERIOR, 

HOMESTEAD-ENTRY. 

U.  S.  Land  Office ,  No 

Receipt  No 

FINAL  PROOF. 
TESTIMONY  OF  CLAIMANT. 

Question  1.     What  is  your  full  name,  age,  and  post-office  address? 

Answer   

Question  2.  Are  you  a  native-born  citizen  of  the  United  States,  and  if  so, 
in  what  State  or  Territory  were  you  born?  (If  foreign  born,  see  Note  1.) 

Answer    

Question  3.  Are  you  the  same  person  who  made  Homestead  Entry  No. 

,  at  the Land  Office  on  the day  of 

19. . . .,  for  the ,  Section ,  Township  ,  Range 

, Meridian? 

Answer   

Question  4.     (a)         Are  you  married  or  single? 

Answer    

(b)  If  married,  of  whom  does  your  family  consist? 

Answer   

(c)  If  a  married  woman,  state  whether  your  husband  now  has  an  unper- 
fected  homestead  entry,  and  during  what   time  he  has  resided   on  this  land 
with  you? 

Answer    

Question  5.  (a)  When  did  you  first  establish  actual  residence  upon  this 
land? 

Answer   

(b)  When  was  your  house  built  on  this  land? 

Answer   

(c)  Have  either  you  or  your  family  ever  been  absent  from  the  homestead 
Answer   

since  establishing  residence? 

(d)  If   there   has    been   such    absence   give   the   dates    covered    by   each 
absence;  and  as  to  each  absence  state  whether  you,  your  family,  or  both,  were 
thus  absent  and  the  reason  for  each  such  absence? 

Answer   

Question  6.  Describe  the  land  embraced  in  above  entry  by  legal  sub- 
divisions, showing  fully  the  character  of  same,  and  kind  and  amount  of  timber, 
if  any. 

Answer   

Acres  Acres  Feet 

Subdivision.  Cultivable.        Timbered.  Timber. 

Question  7.  State  by  subdivisions  the  number  of  acres  cultivated,  kind  of 
crop  planted,  and  amount  harvested,  each  year.  How  many  acres  of  the  claim 
are  now  cleared,  or  broken,  and  under  cultivation?  If  used  for  grazing  only, 
state  number  and  kind  of  stock  grazed  each  year  and  by  whom  owned. 

Answer    

Question  8.  Describe  fully  and  in  detail  the  amount  and  kind  of  improve- 
ments on  each  subdivision.  State  total  value  of  improvements  on  the  claim. 

Answer   . 


142 
Subdivision.  ,        Character  of  Improvements. 

Question  9.  Is  your  present  claim  within  the  limits  of  an  incorporated  town 
or  selected  site  of  a  city  or  town,  or  used  in  any  way  for  trade  or  business .' 

Answer    

Question  10.  Are  there  any  indications  of  coal,  salines,  or  minerals  of  any 
kind  on  the  land?  If  so,  describe  what  they  are. 

Answer   

Question  11.  Have  you  ever  made  any  other  homestead  entry?  If  so, 
describe  the  same. 

Answer   

Have  you  sold,  conveyed,  or  agreed  to  sell  or  convey  any  portion  of  the 
land;  if  so,  to  whom  and  for  what  purpose? 

Answer   

Question  13.  Have  you  optioned,  mortgaged,  or  agreed  to  option  or  mort- 
gage, or  convey  this  land,  or  any  part  thereof;  if  so,  when,  to  whom,  and  for 
what  purpose  and  in  what  amount? 

Answer   

Question  14.  Have  you  any  personal  property  of  any  kind  elsewhere  than 
on  this  claim?  If  so,  describe  the  same,  and  state  where  the  same  is  kept. 

Answer   

Question  15.  Describe  by  legal  subdivisions,  or  by  number,  kind  of  entry, 
and  office  where  made,  any  other  entry  or  filing  (not  mineral)  made  by  you 
since  August  30,  1896. 

Answer   . 


(Sign  plainly,  with  full  Christian  name.) 

Note  1. — If  applicant  is  alien  born,  he  should  state  the  fact  and  file  evi- 
dence of  citizenship  in  due  form,  either  a  certificate  of  his  own  naturalization  in 
a  court  of  competent  jurisdiction,  or,  if  claiming  to  be  a  citizen  by  virtue  of  his 
father's  naturalization  and  his  own  minority  and  residence  in  the  United 
States  at  the  date  thereof,  or,  if  a  married  woman  claiming  citizenship  by 
virtue  of  her  husband's  nativity  or  naturalization,  then  record  evidence  of  the 
naturalization  of  the  father,  or  husband,  or  an  affidavit  as  to  the  nativity  of 
the  latter. 

Note  2. — The  officer  before  whom  the  proof  is  made  will  see  that  all  answers 
are  complete  and  responsive  to  the  questions. 

Note  3. — The  officer  before  whom  the  deposition  is  taken  should  call  the 
attention  of  the  witness  to  section  5392  of  the  Kevised  Statutes  (over),  and 
state  to  him  it  is  the  purpose  of  the  Government,  if  it  be  ascertained  that  he 
testifies  falsely,  to  prosecute  him  to  the  full  extent  of  the  law. 

I  Hereby  Certify  that  the  deponent  was  examined  separately  and  apart 
from  the  other  witnesses  in  the  case;  that  the  foregoing  deposition  was  read  to 
or  by  deponent  in  my  presence  before  deponent  affixed  signature  thereto;  that 
deponent  is  to  me  personally  known  (or  has  been  satisfactorily  identified  before 

me  by ) ;  that  I  verily  believe  deponent  to  be  the 

(Give  full  name  and  post-office  address.) 

identical  person  hereinbefore  described,  and  that  said  deposition  was  duly  sub- 
scribed and  sworn  to  before  me  at  my  office,  in , 

(Town,  county,  and  State.) 

within  the land  district,  this day 

of  .  .,  19.. 


(Official  designation  ct"  officer.) 

FINAL  AFFIDAVIT  REQUIRED  OF  HOMESTEAD  CLAIMANTS. 

I, ,  having  made  a  Homestead  Entry  of  the 

,  Section ,  Township ,  Range , Meridian, 

subject  to  entry  at ,  under  section  No.  2289  of  the  Revised  Statutes 

of  the  United  States,  do  now  apply  to  perfect  my  claim  thereto  by  virtue  of 

section  No of  the  Revised  Statutes  of  the  United  States;  and  for  that 

purpose  do  solemnly that  I  am  a 

(Native-born  or  naturalized.) 
citizen  of  the  United  States;  that  I  have  made  actual  settlement  upon  and 

have  cultivated  and  resided  upon  said  land  since  the day 

of  19 ,  to  the  present  time ;  that  no  part  of 

said  land  has  been  alienated,  except  as  provided  in  section  2288  of  the  Revised 
Statutes;  but  that  I  am  the  sole  bona  fide  owner  as  an  actual  settler;  that  1 


143 

will  bear  true  allegiance  to  the  Government  of  the  United  States;  and,  further, 
that  I  have  not  heretofore  perfected  or  abandoned  an  entry  made  under  the 
homestead  laws  of  the  United  States,  except  


(Sign  plainly  with  full  Christian  name.) 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  pun- 
ished as  provided  by  law  for  such  offense.  (See  Sec.  5392,  R.  S.,  below.) 

I  Hereby  Certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant 
in  nty  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to 
me  personally  known  (or  has  been  satisfactorily  identified  before  me  by 

(Give  full  name  and  post-office  address.) 

that  I  verily  believe  affiant  to  be  a  credible  person  and  the  identical  person 
hereinbefore  described,  and  that  said  affidavit  was  duly  subscribed  and  sworn 

to  before  me,  at  my  office,  in  

(Town.) 

,  this day 

(County  and  State.) 
Of  .  ,19.. 


(Official  designation  of  officer.) 

REVISED  STATUTES  OF  THE  UNITED  STATES.    Title  LXX.— CRIMES.— 

Chap.  4. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a  competent 
tribunal,  officer,  or  person,  in  any  case  in  which  a  law  of  the  United  States 
authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare,  depose,  or 
certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or  cer- 
tificate by  him  subscribed  is  true,  willfully  and  contrary  to  such  oath  states  or 
subscribes  any  material  matter  which  he  does  not  believe  to  be  true,  is  guilty  of 
perjury,  and  shall  be  punished  by  fine  of  not  more  than  two  thousand  dollars, 
and  by  imprisonment,  at  hard  labor,  not  more  than  five  years;  and  shall,  more- 
over, thereafter  he  incapable  of  giving  testimony  in  any  court  of  the  United 
States  until  such  time  as  the  judgment  against  him  is  reversed.  (See  Sec.  1750.) 

Note. — In  addition  to  the  above  penalty,  every  person  who  knowingly  or 
willfully  in  anywise  procures  the  making  or  presentation  of  any  false  or  fraudu- 
lent affidavit  pertaining  to  any  matter  within  the  jurisdiction  of  the  Secretary 
of  the  Interior  may  be  punished  by  fine  or  imprisonment. 

REVISED  STATUTES. 
For  Sec.  2301,  relative  to  payment  and  price  of  land,  see  page  529. 

RULES  TO  BE  OBSERVED  IN  PASSING  ON  FINAL  PROOFS. 

[Circular.] 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  May  9,1906. 

Circular  of  July  17,  1889  (L.  D.,  123),  is  hereby  revoked  and  the  following 
rules  substituted  therefor,  viz.: 

1.  Final  proofs  in  all  cases  where  the  same  are  required  by  the  general 
land  laws  or  regulations  of  the  Department,  must  be  taken  in  accordance  with 
the  published   notice;   provided,  however,   that   such   testimony  may  be  taken 
within   ten   days   following   the    time    advertised    in   cases    where   accident    or 
unavoidable  delays  have  prevented  the  applicant  or  his  witnesses  from  making 
such  proof  on  the  day  specified.     Section  7  of  the  Act  of  March  2,  1889   (25 
Stat.,  854). 

2.  Where  final  proof  or  any  part  thereof  has  not  been  taken  on  the  day 
advertised,  or  within  ten  days  thereafter  under  the  exceptions  and  as  required 
in  Rule  1,  you  will  direct   new  advertisement  to  be  made;   and  if  no  protest 
or  objection  is  then  filed  the  proof  theretofore  submitted,  if  in  compliance  with 
the  law  in  other  respects,  may  be  accepted. 

3.  If  the  testimony  of  either  claimant  or  witness  is  taken  at  a  different 
place  than  that  advertised   the  Commissioner  may,   if  in   his   opinion  same   is 
required,  cause  new  advertisement  for  the  proof  to  be  taken  at  such  place  as 
he  may  deem  advisable,  or  if  in  his  opinion  new  advertisement  is  unnecessary, 
and  no  protest  or  objection  has  been  filed  the  proof  theretofore  submitted,  if 
regular  in  all  other  respects,  may  be  accepted  without  further  testimony. 

4.  When  a  witness  not  named  in  the  advertisement  is  substituted  for  an 


144 

advertised  witness,  unless  two  of  the  advertised  witnesses  testify,  require  new 
advertisements  of  the  names  of  the  witnesses  who  do  testify  at  such  time  and 
place  as  you  may  direct;  and  if  no  protest  or  objection  is  then  filed,  the  proof 
theretofore  submitted,  if  satisfactory  in  all  other  respects,  may  be  accepted. 

5.  Where  final  proof  is  taken  before  an  office  not  named  in  the  advertise- 
ment, it  may  be  accepted  if  otherwise  sufficient,  provided  the  proof  is  taken 
at  the  time  and  place   designated   in   the   printed  notice,   or   within   ten   days 
thereafter  under  the  exceptions  provided  in  Rule  1;  and  provided  further,  that 
both  the  officer  advertised  to  take  such  proof  and  the  officer  taking  same  shall 
officially  certify  that  no  protest  was  at  any  time  filed  before  him  against  the 
claimant's  entry. 

6.  Evidence  of  declaration  of  intention  to  become  a  citizen  of  the  United 
States   or    other   evidence    necessary    to    establish    citizenship    of    foreign-born 
applicants  should  be  received  only  when  under  the  hand  and  seal  of  the  proper 
officer  of  the  court  in  which  such  papers  appear  of  record.     However,  where  it 
is  shown  that  the  judicial  record  has  been  lost  or  destroyed,  proof  of  citizenship 
in  such  cases  may  be  established  under  the  rules  governing  the  introduction  of 
secondary  evidence. 

7.  When  proof  is  made  before  the  register  or  receiver  and  the  final  cer- 
tificate does  not  bear  the  date  of  proof,  the  register  must  indorse  on  the  back 
of  the  final  certificate  of  entry,  at  the  time  of  its  issuance,  a  brief  statement 
of  the  reason  for  the  delay  in  issuance  of  final  papers,  the  indorsement  to  be  in 
each  instance  signed  by  the  register.     If  the  delay  was  caused  by  failure  of 
applicant  to  tender  the  money  or  other  consideration  at  the  time  of  making 
proof,  additional  evidence  must  be  furnished  showing  that  the  claimant   had 
not,  at  date  of  certificate,  transferred  the  land,  which  evidence  may  consist  of 
his  affidavit  taken  before  some  officer  authorized  to  administer  oaths.     In  cases 
•where  it  appears  that  the  delay  in  issuance  of  final  papers  was  not  the  fault 
of  the  claimant,  the  proofs  being  otherwise  regular,  the  Commissioner  of  the 
General  Land  Office  may  in  his  discretion  pass  same  to  patent. 

8.  When   proof   is   made    before    any    officer    other   than    the    register    or 
receiver  a  reasonable  time  will  be  allowed  for  the  transmission  of  papers  to 
the  local  office,  and  if  a  longer  interval  is  shown  between  date  of  proof  and 
date  of  certificate,  if  the  proof  is  otherwise  sufficient  and  the  record  contains 
no  reason  for  the  delay,  the  register  will  indorse  upon  the  back  of  the  final 
certificate  the  statement  required  by  Rule  7;  and  if  such  delay  was  the  fault 
of  the  claimant,  require  the  additional  evidence  prescribed  by  Rule  7. 

9.  Where  final  proof  has  been  accepted  by  the  local  officers  prior  to  pro- 
mulgation of  this  circular,  if  in  other  respects  satisfactory  except  as  to  delay 
in  issuance  of  final  papers  as  required  by  Rule  7,  the  Commissioner  of  the  Gen- 
eral Land  Office  may,  if  in  his  opinion  the  facts  and  circumstances  so  warrant, 
pass  the  cases  to  patent  in  the  absence  of  other  objection. 

W.  A.  Richards,  Commissioner. 
Approved: 

E.  A.  Hitchcock,  Secretary. 

HOMESTEAD— COMMUTATION— SECTIONS  9  AND  10,  ACT  MAY  29,  1908. 

[Circular.] 

Department  of  the  Interior, 

General  Laud  Office, 
Washington,  D.  C.,  June  13,  1908. 
Registers  and  Receivers,  United  States  Land  Offices.  , 

Sirs:  Your  attention  is  called  to  sections  9  and  10  of  the  Act  of  Congress 
approved  May  29,  1908  (Public  No.  160),  which  read  as  follows: 

Sec.  9.  That  no  final  certificate  issued  upon  proof  offered  under  the  com- 
mutation provisions  of  the  homestead  laws  prior  to  the  passing  of  this  Act 
shall  be  canceled  solely  upon  the  ground  of  insufficient  residence  in  any  case 
where  such  proof  shows  that  the  entryman  had  in  good  faith  resided  upon  and 
improved  the  lands  covered  by  his  entry  for  at  least  eight  months  within  the 
year  immediately  preceding  the  submission  of  such  proof,  and  in  all  such  cases 
where  the  final  certificate  has  been  canceled  because  of  insufficient  residence 
such  certificate  shall,  upon  application  made  therefor  by  the  entryman,  his 
heirs  or  assigns,  within  one  year  from  the  passage  of  this  Act,  be  reinstated 
and  confirmed  if  no  fraud  was  practiced  by  the  entryman  and  no  valid  adverse 
rights  have  attached  to  the  land  affected  thereby  at  the  date  of  the  filing  of 
such  application. 


140 

Sec.  10.  That  no  homestead  entry  made  heretofore  under  the  provisions  of 
section  2  of  the  Act  of  Congress  entitled  "An  Act  for  the  relief  of  the  Colo- 
rado Co-operative  Colony,  to  permit  homestead  entries  in  certain  cases,  and  for 
other  purposes,"  approved  June  fifth,  nineteen  hundred,  shall  be  canceled  for 
the  reason  that  the  former  entry  made  by  the  entryman  was  commuted  under 
the  provisions  of  an  Act  entitled  "An  Act  relating  to  the  public  lanas  of  the 
United  States,"  approved  June  fifteenth,  eighteen  hundred  and  eighty  (Twenty- 
first  Statutes,  page  two  hundred  and  thirty  seven).  And  all  entries  heretofore 
canceled  on  the  ground  that  an  entryman  who  commuted  under  the  provisions 
of  said  Act  of  June  fifteenth,  eighteen  hundred  and  eighty,  is  not  entitled  to 
the  benefits  of  the  Act  of  June  fifth,  nineteen  hundred,  shall  be  reinstated  upon 
a  showing  by  the  entryman  or  his  heirs,  within  one  year  from  the  approval  of 
tliis  Act,  that  there  were  no  valid  grounds  for  the  cancellation  of  such  entries 
except  that  a  former  entry  was  perfected  under  the  Act  of  June  fifteenth, 
eighteen  hundred  and  eighty,  in  all  cases  where  valid  adverse  rights  have  not 
attached  to  the  lands  covered  by  such  second  entries  since  the  date  of  their 
cancellation. 

2.  Section  9  requires  the  acceptance  and  approval  of  all  homestead  com- 
mutation proofs  upon  which  final  certificates  issued  prior  to  May  29,  1908,  and 
have  not  been  canceled,  wherein  it  is  shown  that  the  entryman  had  in  good 
faith  actually  resided  upon  and  cultivated  the  land  covered  by  their  entries 
for  at  least  eight  months  during  the  twelve  months  immediately  preceding  the 
date  on  which  the  proof  was  offered,  if  there  are  no  other  good  reasons  to  the 
contrary,  and  directs  the  reinstatement  of  canceled  final  certificates  based  upon 
such  proofs  in   all  cases  where  no  fraud   was  practiced  and   no  valid  adverse 
rights  have  attached  at  the  date  of  application  for  such  reinstatement. 

3.  The  residence  referred  to  in  this  section  need  not  have  been  continuous, 
and   it  is   immaterial   whether  it  began   within   six  months   after  date   of   the 
entry,  but  it  must  in  all  cases  be  bona  fide  and  actual  and  of  such  duration  as 
to   amount    in   the    aggregate   to   eight   months   during   the    preceding   twelve 
months. 

4.  In  all  cases  where  contests  or  protests  have  been  initiated,  or  hearings 
or   investigations    ordered,   under   proofs   and    certificates    affected   by    Sec.   9, 
final  action  on  such  proof  and  certificate  will  await  and  be  controlled  by  the 
result  of  such  contests,  protests,  hearing,  or  investigation. 

5.  In  all  cases  where  certificates  affected  by  Sec.  9  have  not  been  canceled, 
they  will  be  considered  and  acted  upon  without  further  action  by  the  entry- 
men,  except  in  cases  where  entrymen  are  called  upon  to  furnish  supplemental 
proof,  or  to  defend  against  protests  or  contests. 

6.  In  all  cases  where  certificates  affected  by  Sec.  9  have  been  canceled 
because  of  insufficient  residence,  the  entryman,  or  his  heirs  and  assigns,  must, 
before  May  29,  1909,  file  with  the  proper  register  and  receiver  his  application 
for  reinstatement,  specifically  setting  forth  the  grounds  therefor,  and  showing 
that  no  fraud  was  practiced  in  connection  with  such  final  certificate.     As  soon 
as  an  application  of  this  kind  has  been  filed,  the  register  and  receiver  will 
at   once  forward   it   to   this   office,  with   their  report   as   to   the   status   of  the 
land  affected,  and  their  recommendation  as  to  its  allowance.     This  section  does 
not   authorize   the    reinstatement    and    approval    of   rejected    final    proof   upon 
which  no  final  certificate  has  issued. 

7.  See.  10  validates  all  uncanceled  entries  made  prior  to  May  29,  1908, 
under  Sec.  2,  Act  of  June  5,   1900   (31   Stat.,   267),  by  persons  who   had  pur- 
chased under  Sec.  2  of  the  Act  of  June  15,  1880   (21  Stat.,  237),  and  author- 
izes the  reinstatement  of  canceled  entries  of  that  kind  in   cases  where   valid 
adverse  rights  have  not  attached;  but  this  Act  will  not  prevent  the  cancella- 
tion of  such  entries  on  any  other  proper  grounds. 

8.  Entrymen,  or  their  heirs,  seeking  the  reinstatement  of  canceled  entries 
affected  by  Sec.   10,  must,  before  May  29,  1909,  file  with  the  proper  register 
and   receiver   a    sworn    application   for   such    reinstatement,   setting   forth    the 
fact     that     no     valid     adverse     rights     have     attached     prior     to     the     pre- 
sentation   of   their   application.     As   soon   as   an   application    of   this   kind   has 
been  filed,  the  register  and  receiver  will  at  once  forward  it  to  this  office,  witli 
their  report  as  to  the  status  of  the   land  affected   and   their  recommendation 
as  to  its  allowance.  Very  respectfulh, 

S.   V.   Proudfit, 

Approved:  Acting  Commissioner. 

Frank  Pierce,  Acting  Secretary. 


146 

REGULATIONS   AS   CONTAINED   IN   CIRCULAR   NO.    10   OP 
THE   GENERAL   LAND   OFFICE. 

HOMESTEAD   FINAL  AND   COMMUTATION  PROOF. 

38.  Either  final  or  commutation  proof  may  be  made  at  any 
time  when  it  can  be  shown  that  residence  and  cultivation  have  been 
maintained  in  good  faith  for  the  required  length  of  time,  but  if 
final  proof  is  not  made  within  seven  years  from  the  date  of  a  home- 
stead entry  the  entry  will  be  canceled  unless  some  good  excuse  for 
the  failure  to  make  the  proof  within  the  seven  years  is  given  with 
satisfactory  final  proof  as  to  the  required  residence  and  cultivation 
made  after  the  expiration  of  the  seven  years. 

39.  By  Whom  Proof  May  Be  Offered. — Final  proof  must  be 
made  by  the  entrymen  themselves,  or  by  their  widows,  heirs,  or 
devisees,  and  can  not  be  made  by  their  agents,  attorneys  in  fact, 
administrators,  or  executors,  except  in  the  cases  hereinafter  men- 
tioned.    In  order  to  submit  final  five-year  proof  the  entryman,  his 
widow,  or  the  heir  or  devisee  submitting  proof  must  be  a  citizen 
of  the  United  States.     As  a  general  rule  commutation  proof  may 
be  submitted  by  one  who  has  declared  his  or  her  intention  to  become 
a  citizen,  but  on  entries  made  for  land  in  certain  reservations  opened 
under  special  Acts  the  person  submitting  commutation  proof  must 
be  a  citizen  of  the  United  States. 

An  entry  woman  who  marries  after  making  an  entry  must,  in 
submitting  proof,  show  the  citizenship  of  her  husband,  as  she  by 
her  marriage  takes  his  status  in  respect  to  citizenship. 

(a)  If  an  entryman  becomes  insane  after  making  his  entry  and 
establishing  residence,  patent  will  issue  to  the  entryman  on  proof 
by  his  guardian  or  legal  representative  that  the  entryman  had  com- 
plied with  the  law  up  to  the  time  his  insanity  began.     In  such  a 
case  if  the  entryman  is  an  alien  and  has  not  been  fully  naturalized 
evidence   of  his   declaration   of  intention   to   become   a   citizen  is 
sufficient. 

(b)  Where  entries  have  been  made  for  minor  orphan  children 
of  soldiers  and  sailors,  proof  may  be  offered  by  their  guardian,  if 
any,  if  the  children  are  still  minors  at  the  time  the  proof  should  be 
made. 

(c)  When  an  entryman  has  abandoned  the  land  covered  by  his 
entry  and  deserted  his  wife,  she  may  make  final  or  commutation 
proof  as  his  agent,  or,  if  his  wife  be  dead  and  the  entryman  has 
deserted  his  minor  children,  they  may  make  the  same  proof  as  his 
agent,  and  patent  will  issue  in  the  name  of  the  entryman. 

(d)  When  an  entryman  dies  leaving  children,  all  of  whom  are 
minors,  and  both  parents  are  dead,  the  executor  or  administrator 
of  the  entryman,  or  the  guardian  of  the  children,  may,  at  any  time 
within  two  years  after  the  death  of  the  surviving  parent,  sell  the 
land  for  the  benefit  of  the  children  by  proper  proceedings  in  the 
proper  local  court,  and  patent  will  issue  to  the  purchaser ;  but  if  the 
land  is  not  so  sold,  patent  will  issue  to  the  minors  upon  proof  of 
death,  heirship,  and  minority  being  made  by  such  administrator  or 
guardian. 

40.  Ho\v  Proofs  May  Be  Made. — Final  or  commutation  proofs 
may  be  made  before  any  of  the  officers  mentioned  in  paragraph  16 
as  being  authorized  to  administer  oaths  to  applicants. 


147 

Any  person  desiring  to  make  homestead  proof  should  first  for- 
ward a  written  notice  of  his  desire  to  the  Register  and  Receiver 
of  the  Land  Office,  giving  his  postoffice  address,  the  number  of  his 
entry,  the  name  and  official  title  of  the  officer  before  whom  he 
desires  to  make  proof,  the  place  at  which  the  proof  is  made,  and  the 
name  and  postoffice  addresses  of  at  least  four  of  his  neighbors  who 
can  testify  from  their  own  knowledge  as  to  facts  which  will  show 
that  he  has  in  good  faith  complied  with  all  the  requirements  of  the 
law. 

41.  Publication  Fees. — Applicants  shall  hereafter  be  required 
to  make  their  own  contracts  for  publishing  notice  of  intention  to 
make  proof,  and  they  shall  make  payment  therefor  directly  to  the 
publishers,  the  newspaper  being  designated  and  the  notice  prepared 
by  the  Register. 

42.  Duty   of   Officers   Before   Whom   Proofs    Are    Made. — On 
receipt  of  the  notice  mentioned  in  the  preceding  paragraph,  the 
Register  will   issue   a  notice  naming  the  time,  place,  and  officer 
before  whom  the  proof  is  to  be  made  and  cause  the  same  to  be 
published  once  a  week  for  five  consecutive  weeks  in  a  newspaper 
of  established  character  and  general  circulation  published  nearest 
the  land,  and  also  post  a  copy  of  the  notice  in  a  conspicuous  place 
in  his  office. 

On  the  day  named  in  the  notice  the  entryman  must  appear  before 
the  officer  designated  to  take  proof  with  at  least  two  of  the  wit- 
nesses named  in  the  notice ;  but  if  for  any  reason  the  entryman  and 
his  witnesses  are  unable  to  appear  on  the  date  named,  the  officer 
should  continue  the  case  from  day  to  day  until  the  expiration  of  ten 
days,  and  the  proof  may  be  taken  on  any  day  within  that  time  when 
the  entryman  and  his  witnesses  appear,  but  they  should,  if  it  is  at 
all  possible  to  do  so,  appear  on  the  day  mentioned  in  the  notice. 
Entrymen  are  advised  that  they  should,  whenever  it  is  possible  to 
do  so,  offer  their  proofs  before  the  Register  or  Receiver,  as  it  may 
be  found  necessary  to  refer  all  proofs  made  before  other  officers  to 
a  special  agent  for  investigation  and  report  before  patent  can  issue, 
while,  if  the  proofs  are  made  before  the  Register  or  Receiver  there 
is  less  likelihood  of  this  being  done,  and  there  is  less  probability  of 
the  proofs  being  incorrectly  taken.  By  making  proof  before  the 
Register  or  Receiver  the  entrymen  will  also  save  the  fees  which 
they  are  required  to  pay  other  officers,  as  they  will  be  required 
under  the  law  to  pay  the  Register  and  Receiver  the  same  amount  of 
fees  in  each  case,  regardless  of  the  fact  that  the  proof  may  have 
been  taken  before  some  other  officer. 

Entrymen  are  cautioned  against  improvidently  and  improperly 
commuting  their  entries,  and  are  warned  that  any  false  statement 
made  in  either  their  commutation  or  final  proof  may  result  in  their 
indictment  and  punishment  for  the  crime  of  perjury. 

43.  Fees  and   Commissions. — "When  a   homesteader  applies  to 
make  entry  he  must  pay  in  cash  to  the  Receiver  a  fee  of  $5  if  his 
entry  is  for  80  acres  or  less,  or  $10  if  he  enters  more  than  80  acres. 
And  in  addition  to  this  fee  he  must  pay,  both  at  the  time  he  makes 
entry  and  final  proof,  a  commission  of  $1  for  each  40-acre  tract, 
entered  outside  of  the  limits  of  a  railroad  grant  and  $2  for  each 
40-acre  tract  entered  within  such  limits.     Fees  under  the  Enlarged 
Homestead  Act  are  the  same  as  above,  but  the  commissions  are  based 


148 

upon  the  area  of  the  land  embraced  in  the  entry  (see  par.  48).  On 
all  final  proofs  made  before  either  the  Register  or  Receiver,  or 
before  any  other  officer  authorized  to  take  proofs,  the  Register  and 
Receiver  are  entitled  to  receive  15  cents  for  each  100  words  reduced 
to  writing,  and  no  proof  can  be  accepted  or  approved  until  all  fees 
have  been  paid. 

In  all  cases  where  lands  are  entered  under  the  homestead  laws 
in  Arizona,  California,  Colorado,  Idaho,  Montana,  Nevada,  New 
Mexico,  Oregon,  Utah,  Washington  and  Wyoming,  the  commission 
due  to  the  Register  and  Receiver  on  entries  and  final  proofs,  and 
the  testimony  fees  under  final  proofs,  are  50  per  cent  more  than 
those  above  specified,  but  the  entry  fee  of  $5  or  $10,  as  the  case 
may  be,  remains  the  same  in  all  the  States. 

United  States  commissioners.  United  States  court  commissioners, 
judges,  and  clerks  are  not  entitled  to  receive  a  greater  sum  than 
25  cents  for  each  oath  administered  by  them,  except  that  they  are 
entitled  to  receive  $1  for  administering  the  oath  to  each  entryman 
and  each  final  proof  witness  to  final  proof  testimony,  wrhich  has  been 
reduced  to  writing  by  them. 

44.  The  alienation  of  all  or  any  part  of  the  land  embraced  in  a 
homestead  prior  to  making  proof,  except  for  the  public  purposes 
mentioned  in  section  2288,  Revised  Statutes  (see  Appendix  No.  1), 
will  prevent  the  entryman  from  making  satisfactory  proof,  since  he 
is  required  to  swear  that  he  has  not  alienated  any  part  of  the  land 
except  for  the  purposes  mentioned  in  section  2288,  Revised  Statutes. 

A  mortgage  by  the  entryman  prior  to  final  proof  for  the  purpose 
of  securing  money  for  improvements,  or  for  any  other  purpose  not 
inconsistent  with  good  faith,  is  not  considered  such  an  alienation 
of  the  land  as  will  prevent  him  from  submitting  satisfactory  proof. 
In  such  a  case,  however,  should  the  entry  be  canceled  for  any  reason 
prior  to  patent,  the  mortgagee  would  have  no  claim  on  the  land  or 
against  the  United  States  for  the  money  loaned. 

Alienation  After  Proof  and  Before  Patent. — The  right  of  a  home- 
stead entryman  to  patent  is  not  defeated  by  the  alienation  of  all  or 
a  part  of  the  land  embraced  in  his  entry  after  the  submission  of 
final  proof  and  prior  to  patent,  provided  the  proof  submitted  is  sat- 
isfactory. Such  an  alienation  is,  however,  at  the  risk  of  the  entry- 
man, for  if  the  reviewing  officers  of  the  Land  Department  subse- 
quently find  the  final  proof  so  unsatisfactory  that  it  must  be  wholly 
rejected  and  new  proof  required,  the  entryman  can  not  then  truth- 
fully make  the  nonalienation  affidavit  required  by  section  2291, 
Revised  Statutes,  and  his  entry  must  in  consequence  be  canceled. 
The  purchaser  takes  no  better  title  than  the  entryman  had,  and  if 
the  entry  is  canceled  purchaser's  title  must  necessarily  fail. 

45.  Relinquishments. — A  homestead  entryman,  or  in  case  of  his 
death,  his  statutory  successor,  as  explained  in  paragraph  22,  may 
file  a  written  relinquishment  of  his  entry,  and  on  the  filing  of  such 
relinquishment  in  the  local  land  office  the  land  formerly  covered 
by  the  entry  becomes  at  once  subject  to  entry  by  the  first  qualified 
applicant. 

Relinquishments  run  to  the  United  States  alone,  and  no  person 
obtains  any  right  to  the  land  by  the  mere  purchase  of  a  relinquish- 
ment of  a  filing  or  entry. 

Entries  made  for  the  purpose  of  holding  the  land  for  specula- 


149 

lion  and  sale  of  the  relinquishments  are  illegal  and  fraudulent. 
Every  effort  will  be  made  to  prevent  such  frauds  and  to  detect  and 
punish  the  perpetrators. 

Purchasers  of  relinquishments  of  fraudulent  filings  or  entries 
should  understand  that  they  purchase  at  their  own  risk  so  far  as 
the  United  States  is  concerned,  and  they  must  seek  their  own  reme- 
dies under  local  laws  against  those  who  by  imposing  such  relin- 
quishments upon  them  have  obtained  their  money  without  valuable 
consideration. 

The  terms  "arid"  or  "nonirri gable"  land,  as  used  in  these  Acts, 
are  construed  to  mean  land  which,  as  a  rule,  lacks  sufficient  rainfall 
to  produce  agricultural  crops  without  the  necessity  of  resorting  to 
unusual  methods  of  cultivation,  such  as  the  system  commonly  known 
as  "dry  farming,"  and  for  which  there  is  no  kno\vn  source  of  water 
supply  from  which  such  land  may  be  successfully  irrigated  at  a 
reasonable  cost. 

Therefore  lands  containing  merchantable  timber,  mineral  lands, 
and  lands  within  a  reclamation  project,  or  lands  which  may  be 
irrigated  at  a  reasonable  cost  from  any  known  source  of  water 
supply  may  not  be  entered  under  these  Acts.  Minor  portions  of  a 
legal  subdivision  susceptible  of  irrigation  from  natural  sources,  as, 
for  instance,  a  spring,  will  not  exclude  such  subdivision  from  entry 
under  these  Acts,  provided,  however,  that  no  one  entry  shall  embrace 
in  the  aggregate  more  than  40  acres  of  such  irrigable  lands. 

47.  Designation  of  Lands. — From  time  to  time  lists  designating 
the  lands  which  are  subject  to  entry  under  these  Acts  are  sent  to 
the  Kegisters  and  Receivers  in  the  States  affected,  and  they  are 
instructed  immediately  upon  the  receipt  of  such  lists  to  note  the 
same  upon  their  tract  books.     In  the  order  designating  land  a  date 
is  fixed  on  which   such  designation  will  become  effective.     Until 
such  date  no  applications  to  enter  can  be  received  and  no  entries 
allowed  under  these  Acts,  but  on  or  after  the  date  fixed  it  is  com- 
petent for  the  Registers  and  Receivers  to  dispose  of  applications 
for  land  designated  under  the  provisions  of  these  Acts,  in  like 
manner  as  other  applications  for  public  lands. 

The  fact  that  lands  have  been  designated  as  subject  to  entry  is 
not  conclusive  as  to  the  character  of  such  lands,  and  should  it  after- 
wards develop  that  the  land  is  not  of  the  character  contemplated 
by  the  above  Acts  the  designation  may  be  canceled ;  but  where  an 
entry  is  made  in  good  faith  under  the  provisions  of  these  Acts,  such 
designation  will  not  thereafter  be  modified  to  the  injury  of  anyone 
who,  in  good  faith,  has  acted  upon  such  designation.  Each  entry- 
man  must  furnish  affidavit  as  required  by  section  2  of  the  Acts. 

48.  Compactness — Fees. — Lands    entered   under   the   Enlarged 
Homestead  Acts  must  be  in  a  reasonably  compact  form  and  in  no 
event  exceed  I1/?  miles  in  length. 

The  Acts  provide  that  the  fees  shall  be  the  same  as  those  now 
required  to  be  paid  under  the  homestead  laws;  therefore,  while  the 
fees  may  not  in  any  one  case  exceed  the  maximum  fee  of  $10 
required  under  the  general  homestead  lawr,  the  commissions  will  be 
determined  by  the  area  of  the  land  embraced  in  the  entry. 

SETTING  OF  FINAL  PROOFS. 
When  hearings  on  applications  to  make  final  proof  have  been 


150 

set,  a  notice  by  postal  card,  containing  the  following,  will  be  mailed 
to  the  entryman,  to-wit : 

4—192 

DEPARTMENT  OF  THE  IXTEKIOB, 
United  States  Land  Office. 


(Place.) 


(Date.) 

Final  proof  on  your is  set  before at 

(Kind  of  entry-) 

on  Notice  will  be  published  in  the 

(Newspaper.) 


Register. 

Important  Notice. — Persons  submitting  commutation  or  final  five-year  proof 
are  warned  against  discontinuing  their  residence  upon  the  homestead  before 
the  proof  is  found  satisfactory  by  the  Land  Department,  as  an  adverse  claim 
may  arise  or  sufficient  of  the  statutory  period  of  seven  years  may  not  remain 
within  which  to  make  the  showing  required  for  new  proof.  Alienation  of 
the  land  will  also  defeat  the  right  to  submit  new  proof  and  will  forfeit  the 
entry  if  proof  is  finally  rejected. 

INSTRUCTIONS  RELATIVE  TO  PUBLICATION  OF  FINAL-PROOF  NO- 
TICES AND  CONCERNING  THE  DISCRETIONARY  AUTHORITY  OF 
REGISTERS  IN  THE  SELECTION  OF  NEWSPAPERS  FOR  THAT  PUR- 
POSE. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  August  11,  1909. 
Registers  and  Receivers  of  United  States  District  Land  Offices. 

Sirs:  This  office  is  in  daily  receipt  of  complaints  from  editors 
and  publishers  of  newspapers  to  the  effect  that  their  publications 
are  not  accorded  the  patronage  which  should  be  bestowed  upon 
them,  in  accordance  with  the  law  and  regulations  governing  the 
publication  of  notices  of  intended  final  proofs  on  entries  of  public 
lands. 

The  object  of  the  law  requiring  publication  of  such  notices  is  to 
bring  to  the  knowledge  and  attention  of  all  persons  who  are  or  who 
might  be  interested  in  the  lands  described  therein,  or  who  have 
information  concerning  the  illegality  or  invalidity  of  the  asserted 
claims  thereto,  the  fact  that  it  is  proposed  to  establish  and  perfect 
such  claims,  to  the  end  that  they  may  interpose  any  objection  they 
may  have,  or  communicate  information  possessed  by  them  to  the 
officers  of  the  Land  Department.  It  is  unnecessary  to  state  that 
this  object  can  not  be  secured  by  a  notice  published  in  a  paper  which 
has  no  meritorious  circulation  among  the  people  resident  in  the 
locality  in  which  the  affected  land  is  situated,  and  that  inattention 
to  or  disregard  of  their  duty  in  this  behalf  on  the  part  of  Registers 
will  result  in  the  total  subversion  of  the  law  and  the  defeat  of  its 
purpose  and  intent.  To  the  end,  therefore,  that  you  may  be  fully 
instructed  concerning  your  official  obligation  in  the  premises,  and 
that  you  may  be  urged  to  an  alert  and  diligent  performance  of  the 
duty  which  the  law  imposes  upon  you,  your  attention  is  directed  to 
the  several  rules  now  to  be  stated  and  which  should  govern  and 
control  you  in  the  discharge  of  your  official  obligation : 

First.  A  notice  of  intended  final  proof  must  be  published  in  a 
newspaper  of  established  character  and  of  general  circulation  in 
the  vicinity  of  the  land  affected  thereby,  such  paper  having  a  fixed 
and  well-known  place  of  publication.  No  newspaper  shall  be  deemed 


151 

a  qualified  medium  of  notice  unless  it  shall  have  been  continuously 
published  during  an  unbroken  period  of  six  months  immediately 
preceding  the  publication  of  the  notice,  nor  unless  it  shall  have 
applied  for  and  been  granted  the  privilege  of  transportation  in  and 
by  the  United  States  mails  at  the  rate  provided  by  law  for  second- 
class  matter  (sees.  427  to  437,  inclusive,  Postal  Laws  and  Regula- 
tions), a  privilege  available  to  all  newspapers  having  a  legitimate 
list  of  subscribers  and  a  known  place  of  publication. 

Second.  The  notice  must  in  all  cases  be  published  in  the  news- 
paper which  may  be  printed  and  issued  at  a  place  nearest  to  the 
lands  which  the  notice  affects.  By  the  word  "nearest"  as  here 
used  it  is  not  intended  that  geographical  proximity  shall  be  meas- 
ured on  an  air  line  drawn  between  the  land  and  the  place  of  publi- 
cation, but  by  the  length  of  the  shortest  and  principally  traveled 
thoroughfare  between  such  places,  being  the  highway  ordinarily 
used  and  employed  for  travel  by  vehicles  of  any  kind.  But  this 
qualification  shall  not  be  intended  as  authorizing  any  manifest  per- 
version of  the  spirit  of  the  rule,  but  simply  to  dispense  with  any. 
strict  rule  based  on  geographical  distance. 

Third.  It  is  not  necessary  that  the  newspaper  denominated  as 
the  medium  of  such  notice  shall  be  published  in  the  same  county  as 
that  in  which  the  land  lies,  or  even  in  the  same  land  district.  *0n 
the  contrary,  a  newspaper  published  in  an  adjoining  county,  if  its 
place  of  publication  is  nearer  to  the  land  than  that  of  any  other 
newspaper,  must  be  designated  as  the  agency  of  publication,  if  it 
is  also  qualified  by  reason  of  its  general  circulation  in  the  vicinity 
of  the  affected  lands. 

Fourth.  The  law  invests  Registers  with  discretion  in  the  selec- 
tion of  newspapers  to  be  the  media  of  notice  in  such  cases  as  are 
here  referred  to,  but  that  discretion  is  official  in  character,  and  not 
a  purely  personal  and  arbitrary  power  to  be  exercised  without 
regard  for  the  object  of  the  law  by  which  it  is  conferred.  It  fol- 
lows that  a  Register's  action  in  the  exercise  of  such  discretion  is 
subject  to  review  by  this  office  in  any  case  where  it  is  sufficiently 
alleged  that  the  discretion  has  been  abused,  meaning  thereby  that 
it  has  been  exercised  in  a  manner  perversive  of  the  object  of  the 
law  in  requiring  such  notices  to  be  published.  This  power  of 
review  will  ordinarily  be  exercised  and  made  effective  in  a  proper 
case  by  holding  the  final  proof  to  have  been  preceded  by  insufficient 
notice ;  but  it  may  be  resorted  to  and  exercised  in  any  case  in  which 
it  may  be  shown  that  a  Register  is  persistently  designating  a  mani- 
festly inefficient  medium  of  notice,  by  forbidding  the  further  pub- 
lication of  notices  in  such  a  newspaper  until  it  shall  have  acquired 
and  sufficiently  established  its  possession  of  the  requisite  qualifica- 
tions. In  other  words,  where  it  has  once  been  determined  that  a 
newspaper  is  not  a  competent  medium  of  notice,  it  is  within  the 
power  of  this  office  to  forbid  the  continued  selection  of  that  news- 
paper as  the  means  of  publication  without  awaiting  repeated  abuses 
of  discretion  on  the  part  of  a  Register  and  a  determination  in  each 
separate  instance  that  the  notice  was  ineffectually  published.  This 
course  of  action  will,  therefore,  be  pursued  whenever  it  is  shown 
that  a  Register  is  bestowing  his  patronage  upon  an  alleged  news- 
paper which  is  not  entitled  to  that  character,  being  merely  a  private 
advertising  agency  or  published  for  some  special  purpose  and  not 


152 

as  a  general  disseminator  of  news,  or  where  such  paper  has  no 
actual  bona  fide  or  reasonably  meritorious  circulation,  or  is  not  in 
fact  published  at  its  pretended  place  of  publication,  but  at  some 
other  place. 

Fifth.  Where  a  Register  acts  in  the  reasonable  and  not  mani- 
festly unfair  and  improper  exercise  of  his  discretion  his  decision 
will  not  be  interfered  with  or  disturbed  by  this  office.  The  Depart- 
ment can  not  and  will  not  undertake  to  weigh  and  nicely  calculate 
the  relative  efficiency  of  two  or  more  newspapers  published  in  the 
same  place  and  alike  possessing  and  enjoying  an  established  char- 
acter and  general  circulation;  nor  will  it,  as  between  two  papers 
published  at  different  places,  permit  any  slight  and  unimportant 
advantage  in  the  matter  of  geographical  proximity,  period  of  pub- 
lication, or  extent  of  circulation,  possessed  by  one  of  such  papers 
over  the  other,  to  serve  as  a  sufficient  reason  for  disapproval  of 
the  Register's  conclusion  as  to  which  one  of  such  newspapers  should 
be  designated  as  the  means  of  publication. 

Sixth.  It  is  earnestly  desired  that  you  shall  severally  be  at  all 
times  careful  in  your  observance  of  and  adherence  to  the  rules 
which  have  been  here  stated  and  prescribed  for  your  governance, 
to  the  end  that  the  now  numerous  and  urgent  complaints  of  alleged 
discrimination,  and  charges  to  the  effect  that  the  object  of  the  law 
is  not  observed  in  the  choice  of  newspapers  for  the  publication  of 
final-proof  notices,  may  be  at  least  greatly  diminished  in  number, 
as  well  as  to  the  further  end  that  such  as  may  be  received  shall  be 
without  foundation  of  fact  or  in  law. 

Seventh.  Persons  seeking  to  establish  their  right  to  a  legal 
title  to  any  public  lands  are  not  authorized  to  interfere  with  the 
discretion  of  the  Register  in  the  choice  of  a  newspaper  in  which  to 
publish  notice  of  their  claims;  nor  will  any  designation  of  a  news- 
paper made  by  a  Register,  in  the  reasonable  exercise  of  that  discre- 
tion, be  disturbed  on  the  ground  that  the  claimant  recommended 
another  newspaper.  All  other  conditions  being  equal,  it  will  be 
entirely  proper  to  accord  favorable  consideration  to  a  claimant's 
nomination  of  a  newspaper,  though  acceptance  of  such  a  nomina- 
tion will  not  be  enjoined  upon  you. 

Eighth.  None  of  the  rules  herein  stated  respecting  the  designa- 
tion of  the  newspaper  are  intended  to  apply  to,  or  govern,  publica- 
tion of  notice  concerning  proof  proposed  to  be  offered  in  support 
of  an  application  for  the  purchase  of  lands  chiefly  valuable  for  their 
timber  or  stone,  under  the  Act  of  Congress  of  June  3,  1878  (20 
Stats.,  89),  as  extended  by  the  Act  of  Congress  of  August  4,  1892 
(27  Stats.,  348),  nor  to  the  purchase  of  Alaskan  coal  lands  under 
the  Act  of  Congress  of  April  28,  1904  (33  Stats.,  525).  Publication 
of  such  notices  must  be  procured  by  the  applicants,  in  newspapers 
selected  by  them,  but  this  privilege  does  not  exempt  them  from 
the  obligation  to  select  a  newspaper  published  nearest  to  the  lands 
to  which  the  application  relates,  and  such  paper  must  be  in  all 
other  respects  a  competent  medium  of  notice,  in  accordance  with 
the  principles  which  have  been  stated.  You  will  give  to  all  appli- 
cants under  this  Act  due  counsel  and  instruction  concerning  the 
duty  imposed  upon  them  in  respect  of  publication  of  notice,  to  the 
end  that  they  may  not  ignorantly  err  in  the  choice  of  newspapers 
through  which  to  communicate  such  notice. 


153 

PROCEDURE   IN    CASKS    OF    COMPLAINTS. 

Ninth.  No  appeal  will  lie  from  the  action  of  the  Register  in 
refusing  to  name  any  particular  newspaper  as  an  agency  for  the 
publication  of  notices  concerning  claims  to  public  lands.  But  any 
editor  or  proprietor  of  a  newspaper  who  believes  and  desires  to 
charge  that  a  notice  of  proof  in  support  of  any  claim  to  public  land 
has  been  published  in  a  paper  disqualified  by  the  rules  and  prin- 
ciples herein  stated,  to  serve  as  the  medium  of  such  notice,  may 
file  in  the  district  land  office  from  which  such  notice  emanated  a 
written  and  verified  protest  against  the  acceptance  of  the  proof 
submitted  in  accordance  with  such  notice.  Such  protest  should  set 
forth  all  material  and  essential  facts  within  the  knowledge  of  the 
protestant,  or  of  which  he  has  reliable  information  and  which  he 
believes  to  be  true,  and  which,  if  duly  established  by  proof,  would 
require  a  determination  that  the  newspaper  in  which  the  notice 
was  published  was  and  is  not  a  reputable  and  established  publica- 
tion, printed,  in  good  faith,  for  the  diffusion  of  local  and  general 
news;  or  that  it  is  and  was  not  the  paper  published  nearest  to  the 
land  affected  by  said  notice,  and  that  there  is  another  newspaper 
published  at  a  place  nearer  to  said  lands,  equally  well  qualified  in 
all  respects  to  convey  notice  of  the  claim  thereto  asserted;  or  any 
other  cause  of  disqualification  expressed  and  defined  in  and  by  the 
foregoing  several  rules. 

Tenth.  Any  such  protest  must  be  accompanied  by  copies  of  at 
least  three  successive  editions  of  the  paper  against  whose  efficiency 
as  a  means  of  notice  the  protest  is  directed,  and  by  as  many  like 
copies  of  the  paper  published  by  protestant,  and  alleged  to  have 
been  a  more  efficient  agency  of  notice  than  was  the  paper  actually 
chosen.  It  should,  in  addition  to  other  facts  hereby  made  essential, 
disclose  the  relative  number  of  actual  paying  subscribers  support- 
ing the  said  two  newspapers;  the  number  of  papers  actually  dis- 
tributed in  the  county  in  which  said  papers  are  published  and  in 
the  county  in  which  the  land  is-  situated ;  and  the  number  of  papers 
mailed  to  bona  fide  subscribers  at  the  postoffice  nearest  to  the  land  to 
which  such  notice  relates.  It  should  state  the  length  of  time  dur- 
ing which  each  of  said  newspapers  has  been  actually  and  contin- 
uously published,  immediately  preceding  the  date  of  the  protest ; 
and,  if  either  of  said  papers  has  been  denied,  or  has  never  applied 
for,  entry  as  second-class  matter  in  the  postoffice  at  the  place  of 
publication,  that  fact  should  be  stated. 

Eleventh.  Where  any  protest  has  been  filed  in  the  manner 
herein  prescribed  it  shall  be  the  duty  of  the  Register  and  Receiver 
to  immediately  consider  same  and  to  proceed  thereon  as  in  other 
cases  of  protests  against  final  proofs.  If  they  should  conclude  that 
the  facts  stated  in  the  protest  are  insufficient  to  warrant  an  order 
for  a  hearing,  they  will  render  decision  to  that  effect  and  duly 
notify  the  protestant  thereof,  at  the  same  time  advising  him  of  his 
right  to  prosecute  an  appeal  to  this  office,  in  the  manner  and 
within  the  time  prescribed  by  the  rules  of  practice.  After  the 
expiration  of  the  period  during  which  an  appeal  may  be  prosecuted, 
they  will,  if  no  such  appeal  be  filed,  forward  the  protest  and  accom- 
panying exhibits  to  this  office,  with  their  decision  thereon,  as  in 
cases  of  unappealed  contests,  together  with  a  separate  report  by 
the  Register  concerning  the  facts  within  his  knowledge  and  bear- 


154 

ing,  in  a  material  manner,  on  the  merits  of  the  question  presented 
by  the  protest. 

Twelfth.  In  all  cases  where  no  appeal  is  prosecuted  from  a 
decision  by  the  Register  and  Receiver  dismissing  a  protest,  that 
decision  T,vill  be  considered  final  as  to  the  facts;  and  acquiescence 
therein  by  this  office  will  be  refused  only  when  it  is  manifest  that  it 
was  error  to  determine  that  no  proper  ground  of  protest  was 
sufficiently  alleged. 

Thirteenth.  The  law  imposes  upon  Registers  the  duty  of  pro- 
curing the  publication  of  proper  final-proof  notices,  and  charges 
the  claimant  with  no  obligation  in  that  behalf,  except  that  he  shall 
bear  and  pay  the  cost  of  such  publication.  Registers  should  accord- 
ingly exercise  the  utmost  care  in  the  examination  of  such  notices 
and  in  the  comparison  thereof  with  the  records  of  their  offices,  to 
the  end  that  they  may  not  go  to  the  printer  containing  any  erroneous 
description  of  the  entered  land,  or  designating  an  officer  not  author- 
ized to  receive  the  proof,  or  that  they  shall  not  be  for  any  other 
reason  insufficient.  It  is  equally  important  that  a  notice  correct  in 
all  of  these  particulars  shall  not  be  published  in  a  newspaper  mani- 
festly disqualified  as  a  means  of  publication  and  clearly  incapable 
of  bringing  the  notice  to  the  attention  of  the  people  dwelling  in  the 
vicinity  of  the  lands  to  which  it  relates. 

Neglect  of  duty  above  defined,  resulting  in  a  requirement  of 
republication,  should  not  visit  its  penalty  upon  the  claimant.  In 
all  such  cases,  therefore,  the  Register  by  whom  the  publication  was 
procured  will  be  required  to  effect  the  necessary  republication  at 
his  own  proper  expense.  If  an  error  is  committed  by  the  printer 
of  the*  paper  in  which  the  notice  appears,  the  Register  may  require 
such  printer  to  correct  his  error  by  publishing  the  notice  anew  for 
the  necessary  length  of  time,  and  for  his  refusal  to  do  so  may 
decline  to  designate  his  said  paper  as  an  agency  of  notice  in  cases 
thereafter  arising. 

LAWS  AND  REGULATIONS. 

For  your  more  complete  instruction  concerning  the  subject- 
matter  of  these  rules,  and  as  a  means  of  affording  a  ready  and  con- 
venient reference  to  the  several  laws  and  regulations  providing  for 
and  requiring  publication  of  notice  in  relation  to  entries  of  and 
claims  to  public  lands,  those  laws  and  regulations  are  here 
assembled.  A  careful  examination  thereof  will  familiarize  you 
with  the  language  in  which  they  express  their  requirements  and 
indicate  to  you  their  evident  purpose. 

Homestead  and  preemption  entries. 

(1)  Act  of  Congress  of  March  3,  1879  (20  Stat.,  472). 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  before  final  proof  shall  be 
submitted  by  any  person  claiming  to  enter  agricultural  lands  under  the  laws 
providing  for  preemption  or  homestead  entries,  such  person  shall  file  with  the 
register  of  the  proper  land  office  a  notice  of  his  or  her  intention  to  make  such 
proof,  stating  therein  the  description  of  the  lands  to  be  entered,  and  the  names 
of  the  witnesses  by  whom  the  necessary  facts  will  be  established. 

Upon  the  filing  of  such  notice,  the  register  shall  publish  a  notice  that 
such  application  has  been  made,  once  a  week  for  the  period  of  thirty  days, 
in  a  newspaper  to  be  by  him  designated  as  published  nearest  to  such  land, 
and  he  shall  also  post  such  notice  in  some  conspicuous  place  in  his  office  for 


135 

the  same  period.  Such  notice  shall  contain  the  names  of  the  witnesses  as 
stated  in  the  application.  At  the  expiration  of  said  period  of  thirty  days, 
the  claimant  shall  be  entitled  to  make  proof  in  the  manner  heretofore  provided 
by  law.  The-  Secretary  of  the  Interior  shall  make  all  necessary  rules  for 
giving  effect  to  the  foregoing  provisions. 

(2)  Circular  of  April  10,  1909,  paragraphs  40,  41,  and  42,  continuing  in 
force  the  principle  of  a  requirement  announced  by  earlier  circulars. 

40.  How  proofs  may  be  made. — Final  or  commutation  proofs  may  be  made 
before  any  of  the  officers  mentioned  in  paragraph  16,  as  being  authorized  to 
administer  oaths  to  applicants. 

Any  person  desiring  to  make  homestead  proof  should  first  forward  a 
written  notice  of  his  desire  to  the  register  and  receiver  of  the  land  office, 
giving  his  post-office  address,  the  number  of  his  entry,  the  name  and  official 
title  of  the  officer  before  whom  he  desires  to  make  proof,  the  place  at  which 
the  proof  is  to  be  made,  and  the  name  and  post-office  addresses  of  at  least  four 
of  his  neighbors  who  can  testify  from  their  own  knowledge  as  to  facts  which 
will  show  that  he  has  in  good  faith  complied  with  all  the  requirements  of 
the  law. 

41.  Publication  fees. — Applicants  shall  hereafter  be  required  to  make  their 
own  contracts  for  publishing  notice  of  intention  to  make  proof,  and  they  shall 
make  payment  therefor  directly  to  the  publisher,  the  newspaper  being  desig- 
nated and  the  notice  prepared  by  the  register. 

42.  Duty  of  officers  before  whom  proofs  are  made. — On   receipt   of  the 
notice  mentioned  in  the  preceding  paragraph,  the  register  will  issue  a  notice 
naming  the  time,  place,  and  officer  before  whom  the  proof  is  to  be  made  and 
cause  the  same  to  be  published  once  a  week  for  five  consecutive  weeks  in  a 
newspaper  of  established  character  and  general  circulation  published   nearest 
the  land,  and  also  post  a  copy  of  the  notice  in  a  conspicuous  place  in  his 
office.     *     *     * 

Desert-land  entries. 

(1)  Circular  of  June  27,  1887  (o  L.  D.,  708),  paragraph  13. 

13.  Before  final  proof  shall  hereafter  be  submitted  by  any  person  claiming 
to  enter  lands  under  the  desert-land  act,  such  person  will  be  required  to  file  a 
notice  of  intention  to  make  such  proof,  which  shall  be  published  in  the  same 
manner  as  required  in  homestead  and  preemption  cases. 

(2)  Act  of  Congress  of  March  11,  1902  (32  Stat.,  63),  giving  implied  statu- 
tory sanction  to  above-quoted  circular  requirement. 

That  hereafter  all  affidavits,  proofs,  and  oaths  of  any  kind  whatsoever 
required  to  be  made  by  applicants  and  entrymen  under  the  homestead,  pre- 
emption, timber-culture,  desert-land,  and  timber  and  stone  acts,  may,  in  addi- 
tion to  those  now  authorized  to  take  such  affidavits,  proofs,  and  oaths,  be 
made  before  any  United  States  commissioner  or  commissioner  of  the  court 
exercising  federal  jurisdiction  in  the  Territory  or  before  the  judge  or  clerk 
of  any  court  of  record  in  the  land  district  in  which  the  lands  are  situated: 
Provided,  That  in  case  the  affidavits,  proofs,  and  oaths  hereinbefore  men- 
tioned be  taken  out  of  the  county  in  which  the  land  is  located  the  applicant 
must  show  by  affidavit,  satisfactory  to  the  Commissioner  of  the  General  Land 
Office,  that  it  was  taken  before  the  nearest  or  most  accessible  officer  qualified 
to  take  said  affidavits,  proofs,  and  oaths  in  the  land  districts  in  which  the 
lands  applied  for  are  located;  but  such  showing  by  affidavit  need  not  be  made 
in  making  final  proof,  if  the  proof  be  taken  in  the  town  or  city  where  the 
newspaper  is  published  in  which  the  final  proof  notice  is  printed.  *  *  * 

(3)  Circular  of  November  30,  1908  (37  L.  D.,  312),  paragraphs  20  and  21, 
repeating  requirement  of  publication. 

20.  The  entryman,  or  his  assignee,  if  the  entry  has  been  assigned,  is 
ordinarily  allowed  four  years  from  the  date  of  the  entry  in  which  to  complete 
the  reclamation  of  the  land,  and  he  is  entitled  to  make  final  proof  and  receive 
patent  as  soon  as  he  has  expended  the  sum  of  $3  an  acre  in  improving  and 
reclaiming  the  land,  and  has  reclaimed  all  of  the  irrigable  land  embraced  in 
his  entry,  and  has  actually  cultivated  one-eighth  of  the  entire  area  of  the 
land  entered.  When  an  entryman  has  reclaimed  the  land  and  is  ready  to 
make  final  proof  he  should  apply  to  the  register  and  receiver  for  a  notice  of 
intention  to  make  such  proof.  This  notice  must  contain  a  complete  description 
of  the  land  and  must  describe  the  entry  by  giving  the  number  thereof  and 
the  name  of  the  entryman.  If  the  proof  is  made  by  an  assignee, 
his  name  as  well  as  that  of  the  original  entryman  should  be  stated.  It  must 
also  show  when,  where,  and  before  whom  the  proof  is  to  be  made.  Four  wit- 


156 

nesses  may  be  named  in  this  notice,  two  of  whom  must  be  used  in  making 
the  proof. 

21.  This  notice  must  be  published  once  a  week  for  five  successive  weeks 
in  a  newspaper  of  established  character  and  general  circulation  published 
nearest  the  land,  and  it  must  also  be  posted  in  a  conspicuous  place  in  the 
local  land  office  for  the  same  period  of  time.  The  date  fixed  for  the  taking 
of  the  proof  must  be  at  least  thirty  days  after  the  date  of  first  publication. 
Proof  of  publication  must  be  made  by  the  affidavit  of  the  publisher  of  the 
newspaper  or  by  some  one  authorized  to  act  for  him.  The  register  will  certify 
to  the  posting  of  the  notice  in  the  local  office. 

Timber  and  stone  cash  entries. 

(1)  Act  of  Congress  of  June  3,  1878  (20  Stat.,  89),  Sec.  3. 

Sec.  3.  That  upon  the  filing  of  said  statement,  as  provided  in  the  second 
section  of  this  act,  the  register  of  the  land  office  shall  post  a  notice  of  such 
application,  embracing  a  description  of  the  land  by  legal  subdivisions,  in  his 
office,  for  a  period  of  sixty  days,  and  shall  furnish  the  applicant  a  copy  of 
the  same  for  publication,  at  the  expense  of  such  applicant,  in  a  newspaper 
published  nearest  the  location  of  the  premises,  for  a  like  period  of  time;  and 
after  the  expiration  of  said  sixty  days,  if  no  adverse  claim  shall  have  been 
filed,  the  person  desiring  to  purchase  shall  furnish  to  the  register  of  the  land 
office  satisfactory  evidence,  first,  that  said  notice  of  the  application  prepared 
by  the  register  as  aforesaid  was  duly  published  in  a  newspaper  as  herein 
required;  secondly,  that  the  land  is  of  the  character  contemplated  in  this 
Act,  unoccupied  and  without  improvements,  other  than  those  excepted,  either 
mining  or  agricultural,  and  that  it  apparently  contains  no  valuable  deposits 
of  gold,  silver,  cinnabar,  copper,  or  coal;  and  upon  payment  to  the  proper  officer 
of  the  purchase  money  of  said  land,  together  with  the  fees  of  the  register 
and  the  receiver,  as  provided  for  in  case  of  mining  claims  in  the  twelfth 
section  of  the  Act  approved  May  tenth,  eighteen  hundred  and  seventy-two,  the 
applicant  may  be  permitted  to  enter  said  tract,  and,  on  the  transmission  to 
the  General  Land  Office  of  the  papers  and  testimony  in  the  case,  a  patent 
shall  issue  thereon:  Provided,  That  any  person  having  a  valid  claim  to  any 
portion  of  the  land  may  object,  in  writing,  to  the  issuance  of  a  patent  to  lands 
so  held  by  him,  stating  the  nature  of  his  claim  thereto;  and  evidence  shall 
be  taken,  and  the  merits  of  said  objection  shall  be  determined  by  the  officers 
of  the  land  office,  subject  to  appeal,  as  in  other  land  cases.  Effect  shall  be 
given  to  the  foregoing  provisions  of  this  Act  by  regulations  to  be  prescribed 
by  the  Commissioner  of  the  General  Land  Office. 

(2)  Circular  of  November  30,  1908  (37  L.  D.,  289),  paragraph  25,  express- 
ing the  requirement  imposed  by  Sec.  3  of  the  above-mentioned  Act. 

(Note. — It  will  be  observed  that  an  applicant  for  the  purchase  of  lands 
chiefly  valuable  for  timber  and  stone  is  required  to  procure  publication  of 
notice  of  his  application  in  a  newspaper  published  nearest  to  the  lands  which 
he  seeks  to  purchase.  In  such  cases  the  register  does  not  designate  the  news- 
paper; but  it  is  the  duty  of  the  register  and  receiver,  nevertheless,  to  enforce 
the  requirement  that  such  a  notice  shall  be  published  in  the  paper  nearest 
to  the  land,  and  they  will  reject  any  proof  which  is  not  preceded  by  notice 
published  in  the  papers  so  qualified.) 

25.  After  the  appraisement  or  reappraisement  and  deposit  of  purchase 
money  and  fee  have  been  made  the  register  will  fix  a  time  and  place  for  the 
offering  of  final  proof,  and  name  the  officer  before  whom  it  shall  be  offered, 
and  post  a  notice  thereof  in  the  land  office  and  deliver  a  copy  of  the  notice 
to  the  applicant,  to  be  by  him  and  at  his  expense  published  in  the  newspaper 
of  accredited  standing  and  general  circulation  published  nearest  the  land 
applied  for.  This  notice  must  be  continuously  published  in  the  paper  for 
sixty  days  prior  to  the  date  named  therein  as  the  day  upon  which  final  proof 
must  be  offered. 

Carey  act  selections. 

(1)  Act  of  Congress  of  August  18,  1894  (28  Stat.,  372,  422),  commonly 
known  as  the  "Carey  Act."  (Sec.  2.) 

*  *  *  As  fast  as  any  State  may  furnish  satisfactory  proof,  according 
to  such  rules  and  regulations  as  may  be  prescribed  by  the  Secretary  of  the 
Interior,  that  any  of  said  lands  are  irrigated,  reclaimed,  and  occupied  by 
actual  settlers,  patents  shall  be  issued  to  the  State  or  its  assigns  for  said  lands 
so  reclaimed  and  settled:  Provided,  That  said  States  shall  not  sell  or  dispose 
of  more  than  one  hundred  and  sixty  acres  of  said  lands  to  any  one  person, 


157 

and  any  surplus  of  money  derived  by  any  State  from  the  sale  of  said  lands  in 
excess  of  the  cost  of  their  reclamation,  shall  be  held  as  a  trust  fund  for  and 
be  applied  to  the  reclamation  of  other  desert  lands  in  such  State.  That  to 
enable  the  Secretary  of  the  Interior  to  examine  any  of  the  lands  that  may  be 
selected  under  the  provisions  of  this  section,  there  is  hereby  appropriated,  out 
of  any  moneys  in  the  Treasury  not  otherwise  appropriated,  one  thousand  dollars. 

(2)  Circular  of  April  9,  1909,  renewing  and  repeating  provisions  of  pre- 
vious circulars  (paragraph  15). 

15.  When  said  list  is  filed  in  the  local  land  office,  there  shall  also  be  filed 
by  the  State  a  notice,  in  duplicate,  prepared  for  the  signature  of  the  register 
and  receiver,  describing  the  land  by  sections,  and  portions  of  sections,  where 
less  than  a  section  is  designated  (Form  8,  p.  15).  This  notice  shall  be  published 
at  the  expense  of  the  State  once  a  week  in  each  of  nine  consecutive  weeks,  in 
a  newspaper  of  established  character  and  general  circulation,  to  be  designated 
by  the  register  as  published  nearest  the  land.  One  copy  of  said  notice  shall 
be  posted  in  a  conspicuous  place  in  the  local  office  for  at  least  sixty  days 
during  the  period  of  publication. 

Grants  to  States  and  Territories  for  educational  purposes. 

(1)   Circular  of  April  25,  1907  (35  L.  D.,  537),  paragraphs  9,  10,  and  11. 

9.  Notice  of  selection  of  all  lands  must  be  given  by  publication  once  a 
week  for  five  successive  weeks  in  a  newspaper  of  general  circulation  in  the 
county  where  the  lands  are  located,  the  paper  to  be  designated  by  the  register. 

10.  Notice  for  publication  will  be  prepared  by  the  register  at  the  time 
of  the  acceptance  of  the  selections,  and  will  be  transmitted  by  registered  mail 
to  the  proper  State  or  Territorial  official  for  publication  in  the  paper  or  papers 
designated,  and  a  copy  of  such  notice  shall  also  be  posted  by  the  register  in 
a  conspicuous  place  in  his  office,  and  remain  so  posted  until  the  expiration  of 
time  allowed  for  the  submission  of  proof  of  publication. 

To  save  expense,  the  register  may  embrace  two  or  more  lists  in  one  pub- 
lication when  it  can  be  done  consistently  with  the  requirement  of  publication 
in  a  newspaper  of  general  circulation  in  the  county  where  the  land  is  situated. 

The  published  notice  will  embrace  only  the  selected  lands  described  by 
the  largest  legal  subdivisions  embraced  in  the  separate  lists,  care  being 
taken  to  avoid  repetition  of  numbers  of  sections,  townships,  and  ranges. 

11.  Proof  of  publication  will  be  the  affidavit  of  the  publisher  or  foreman 
of  the  newspaper  employed,  that  the  notice  (a  copy  of  which  must  be  annexed 
to  the  affidavit)  was  published  in  said  newspaper  once  a  week  for  five  suc- 
cessive weeks.     Such   affidavit  must   show  that   the  notice   was  published  in 
the  regular  and  entire  issue  of  the  paper,  and  was  published  in  the  newspaper 
proper  and  not  in  a  supplement. 

The  proof  of  publication  of  notice  must  be  filed  with  the  register  within 
ninety  days  after  receipt  of  notice  for  publication,  and  will  be  forwarded 
by  the  register  to  the  General  Land  Office  with  a  report  as  to  whether  protest 
or  contest  has  been  filed  against  any  selection,  and  if  protest  or  contest  is 
filed,  the  same  shall  accompany  the  report.  Failure  by  the  State  or  Territory 
to  furnish  proof  of  publication  within  the  time  limited  will  be  cause  for 
the  rejection  of  the  selection,  upon  report  of  such  failure  by  the  register, 
accompanied  with  evidence  of  service  of  notice  prescribed  in  Eule  10.  *  * 

Isolated  tracts  of  public  lands. 

(1)  Section    2455,   U.    S.    Revised    Statutes,    as   amended   by   the   Act    of 
Congress  of  June  27,  1906  (34  Stat.,  517)  again  amended.    (See  Isolated  Tracts.) 

(2)  Circular  of  July  18,  1906  (35  L.  D.,  44),  paragraph  7. 

7.  When  lands  are  ordered  to  be  exposed  at  public  sale,  the  register  ami 
receiver  will  cause  a  notice  to  be  published  once  a  week  for  five  consecutive 
weeks  (or  for  thirty  consecutive  days  if  a  daily  paper),  immediately  preceding 
date  of  sale,  in  a  newspaper  to  be  designated  by  the  register  as  published 
nearest  the  land  described  in  the  application,  using  the  form  hereinafter 
given.  The  register  will  also  cause  a  similar  notice  to  be  posted  in  the  local 
land  office,  such  notice  to  remain  so  posted  during  the  entire  period  of  pub- 
lication. The  applicant  must  furnish  proof  that  publication  was  duly  made. 

Scrip,  military  bounty  land  warrants,  soldiers'  additional  homestead  entries, 
forest  reserve  and  other  lieu  selections  and  locations. 

(1)  Circular  of  February  21,  1908  (36  L.  D.,  278),  paragraphs  2  and  3. 
2.    You  will  require  the  locator  or  selector,  within  twenty  days  from  the 
filing  of  his  location   or  selection,  to  begin  publication   of   notice   thereof,  at 


158 

his  own  expense,  in  a  newspaper  to  be  designated  by  the  register  as  of  general 
circulation  in  the  vicinity  of  the  land,  and  to  be  the  nearest  thereto.  Such 
publication  must  cover  a  period  of  thirty  days,  during  which  time  a  similar 
notice  of  the  location  or  selection  must  be  posted  in  the  local  land  office  and 
upon  the  lands  included  in  the  location  or  selection,  and  upon  each  and  every 
noncontiguous  tract  thereof. 

3.  The  notice  must  describe  the  land  located  or  selected,  give  the  date 
of  location  or  selection,  and  state  that  the  purpose  thereof  is  to  allow  all 
persons  claiming  the  land  adversely,  or  desiring  to  show  it  to  be  mineral  in 
character,  an  opportunity  to  file  objection  to  such  location  or  selection  with 
the  local  officers  for  the  land  district  in  which  the  land  is  situate,  and  to 
establish  their  interest  therein,  or  the  mineral  character  thereof. 

Mineral  lands  and  mining  resources. 

(1)  Section  2325,  U.  S.  Eevised  Statutes.     (See  page  575.) 

(2)  Mining  Kegulations  of  March  29,  1909   (37  L.  D.,  728),  rules  45,  46, 
and  47. 

45.  Upon  the  receipt  of  these  papers,  if  no  reason  appears  for  rejecting 
the  application,  the  register  will,  at  the  expense  of  the  claimant   (who  must 
furnish   the   agreement   of  the   publisher  to   hold   applicant  for  patent   alone 
responsible  for  charges  of  publication),  publish  a  notice  of  such  application  for 
the  period  of  sixty  days  in  a  newspaper  published  nearest  to  the  claim,  and 
will  post  a  copy  of  such  notice  in  his  office  for  the  same  period.     When  the 
notice  is  published  in  a  weekly  newspaper,   nine    consecutive   insertions   are 
necessary;  when  in  a  daily  newspaper,  the  notice  must  appear  in  each  issue  for 
sixty-one  consecutive  issues.     In  both  cases   the   first   day  of  issue  must   be 
excluded  in  estimating  the  period  of  sixty  days. 

46.  The  notices  so  published  and  posted  must  embrace  all  the  data  given 
in  the  notice  posted  upon  the  claim.     In  addition  to  such  data  the  published 
notice  must  further  indicate  the  locus  of  the  claim  by  giving  the  connecting 
line,  as  shown  by  the  field  notes  and  plat,  between  a  corner  of  the  claim  and 
a   United   States  mineral   monument   or   a  corner   of   the   public   survey,   and 
thence  the  boundaries  of  the  claim  by  courses  and  distances. 

47.  The  register  shall  publish  the  notice  of  application  for  patent  in  a 
paper  of  established  character  and  general  circulation,  to  be  by  him  designated 
as  being  the  newspaper  published  nearest  the  land. 

Coal  lands. 

(1)  Section  2325  U.  S.  Eevised  Statutes.     (See  said  section  quoted  above.) 

(2)  Circular  of  April  12,  1907   (35  L.  D.,  665),  reprinted  July  11,  1908, 
paragraphs  17  and  18. 

17.  Upon  the  filing  of  an  application  to  purchase  coal  lands  under  the 
provisions  of  paragraphs  10  or  14,  the  applicant  will  be  required,  at  his  own 
expense,  to  publish  a  notice  of  said  application  in  a  newspaper  nearest  the 
lands,  to  be  designated  by  the  register,  for  a  period  of  thirty  days,  during 
which  time  a  similar  notice  must  be  posted  in  the  local  land  office  and  in  a 
conspicuous  place  on  the  land.     The  notice  should  describe  the  land  applied 
for  and  state  that  the  purpose  thereof  is  to  allow  all  persons   claiming  the 
land  applied   for,  or  desiring  to  show  that  the  applicant 's  coal   entry  should 
not  be  allowed  for  any  reason,  an  opportunity  to  file  objections  with  the  local 
land  officers. 

Publication  must  be  made  sufficiently  in  advance  to  permit  entry  within 
the  year  specified  by  the  statute. 

18.  After  the  thirty  days'  period  of  newspaper  publication  has  expired, 
the   claimant   will   furnish   from   the   office    of   publication    a   sworn    statement 
(including   an   attached   copy   of   the   published    notice)    that    the    notice   was 
published  for  the  required  period,  giving  the  first  and  last  date  of  such  pub- 
lication, and  his  own  affidavit,  or  that  of  some  credible  person  having  personal 
knowledge  of  the  fact,  showing  that  the  notice   aforesaid  remained   conspic- 
uously posted  upon  the  land  sought  to  be  patented  during  said  thirty  days' 
publication,  giving  the  dates.     The  register  shall  certify  to  the  fact  that  the 
notice  was  posted  in  his  office  for  the  full  period  of  thirty  days,  the  certificate 
to  state  distinctly  when  such  posting  was  done  and  how  long  continued,  giving 
the  dates.     In  no  case  shall  entry  be  allowed  until  the  proofs  specified  have 
been  filed.     *     *     * 


159 

Exchange  of  public  lands  for  lands  in  private  ownership  within  the  limits  of 
any  Indian  reservation  created  by  executive  order. 

(1)  Act  of  Congress  of  April  21,  1904  (33  Stat.,  211). 

That  any  private  land  over  which  an  Indian  reservation  has  been  extended 
by  executive  order,  may  be  exchanged  at  the  discretion  of  the  Secretary  of 
the  Interior  and  at  the  expense  of  the  owner  thereof,  and  under  such  rules  and 
regulations  as  may  be  prescribed  by  the  Secretary  of  the  Interior,  for  vacant, 
nonmineral,  nontimbered,  surveyed  public  lands  of  equal  area  and  value  and 
situated  in  the  same  State  or  Territory. 

(2)  Circular  of  March  3,  1909  (37  L.  D.,  537),  paragraphs  11  and  12. 

11.  In  all  cases  you  will  require  the  applicant,  within  twenty  days  from 
the  filing  of  his  application,  to  begin  publication  of  notice  thereof  at  his  own 
expense  in  a  newspaper  to  be  designated  by  the  register  as  of  general  circula- 
tion  in   the   vicinity   of   the   land   and   published   nearest   thereto.      Such   pub- 
lication must  cover  a  period  of  thirty  days,  during  which  time  a  similar  notice 
of  the  application  must  be  posted  in  the  local  land  office  and  upon  each  and 
every  noncontiguous  tract  included  in  the  application. 

12.  The  notice  should  describe  the  land  applied  for  and  give  the  date  of 
application,  and  state  that  the  purpose  thereof  is  to  allow  all  persons  claiming 
the  land  under  the  mining  or  other  laws,  desiring  to  show  it  to  be  mineral  in 
character   or    adversely    occupied,    an    opportunity   to    file    objection    to    such 
application  with  the  local  officers  of  the  land  district  in  which  the  land  is 
situated  and  to  establish  their  interest  therein  or  the  mineral  character  thereof. 

Alaskan  coal  lands. 

(1)  Act  of  Congress  of  April  28,  1904  (33  Stat.,  525),  Sec.  2.     (See  pae"? 
289.) 

(2)  Circular  of  July  18,  1904  (33  L.  D.,  114). 

Upon  the  presentation  of  an  application  for  patent,  as  provided  by  Sec. 
2,  if  no  reason  appears  for  rejecting  the  application,  the  same  will  be  received 
by  the  register  and  receiver  and  the  claimant  required  to  publish  a  notice  of 
such  application  for  the  period  of  sixty  days  in  a  newspaper  in  the  district 
of  Alaska  published  nearest  the  location  of  the  particular  lands,  and  the 
register  will  post  a  copy  of  such  notice  in  his  office  for  the  same  period.  When 
the  notice  is  published  in  a  weekly  newspaper,  nine  consecutive  insertions  are 
necessary.  When  in  a  daily  newspaper,  the  notice  must  appear  in  each  issue 
for  61  consecutive  issues.  In  both  cases  the  first  day  of  issue  must  be  excluded 
in  estimating  the  period  of  sixty  days. 

The  notice  so  published  and  posted  must  embrace  all  the  data  given  in 
the  notice  posted  upon  the  claim.  In  addition  to  such  data,  the  published 
notice  must  further  indicate  the  locus  of  the  claim  by  giving  the  connecting 
line  as  shown  by  the  field  notes  and  plat  between  a  corner  of  the  claim  and 
a  United  States  mineral  monument  or  a  corner  of  the  public  survey,  if  there 
is  one,  and  fix  the  boundaries  of  the  claim  bv  courses  and  distances. 

Very  respectfully,  S.  V.  Proudfit, 

Approved  August  11,  1909.  Acting  Commissioner. 

Jesse  E.  Wilson,  Acting  Secretary. 

NOTATION  OF  EIGHTS   OF  WAY  ON  ENTRY  PAPEES. 

Instructions. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  February  2,  1912. 
Eegisters  and  Receivers,  United  States  Land  Offices. 

Sirs:  Some  misapprehension  having  arisen  as  to  the  proper  construction 
of  departmental  circulars  of  November  3,  1909  (38  L.  D.,  284),  and  January 
19,  1910  (38  L.  D.,  399),  governing  notation  of  rights  of  way  on  entry  papers, 
you  are  now  instructed  that  such  notations  should  be  made  only  where  your 
records  show  that  the  land  involved,  or  some  part  of  it,  is  covered  by  an 
approved  application  for  right  of  way.  In  this  connection  attention  is  directed 
to  the  decision  of  the  United  States  Supreme  Court  in  the  case  of  Minneapolis, 
St.  Paul  &  Sault  Sainte  Marie  Eailway  Company  v.  Doughty  (208  U.  S.,  251). 
Applicants  to  enter  public  lands  that  are  affected  by  a  mere  pending  applica- 
tion for  right  of  way,  should  be  verbally  informed  thereof,  and  given  all 
necessary  information  as  to  the  character  and  extent  of  the  project  embraced 
by  the  right-of-way  application;  and,  further,  that  they  must  take  the  land 


160 

subject  to  whatever  right  may  have  attached  thereto  under  the  right-of-way 
application,  and  at  the  full  area  of  the  subdivisions  entered,  irrespective  of  the 
questions  of  priority  or  damages,  these  being  questions  for  the  courts  to 
determine.  Very  respectfully,  Fred  Dennett, 

Approved:  Commissioner. 

Samuel  Adams, 

First  Assistant  Secretary. 

DIGEST  OF  DECISIONS  OF  THE  DEPARTMENT  ON  COMMU- 
TATION AND  FINAL  PROOFS  IN  HOMESTEAD   CASES. 

Notice: 

Final  proof  submitted  on  indefinite  notice  rmist  be  republished.  Kemp's 
case,  9  L.  D.,  439. 

Lands  must  be  correctly  described  or  republication  will  be  ordered. 

Adams'  case,  6  L.  D.,  705. 

Ulrich  Fuchser,  7  L.  D.,  467. 

Clark's  case,  7  L.  D.,  485. 

Sarah  J.  Tate,  10  L.  D.,  469. 

Names  of  witnesses  should  be  properly  given  and  must  be  correctly  printed. 
Mistakes  arising  in  such  matters  will  call  for  republication. 

Amos  E.  Smith,  8  L.  D.,  24. 

Cultivation: 

Where  commutation  proofs  fail  to  disclose  requirements  of  law  as  regards 
residence  and  cultivation  new  proof  may  be  submitted  at  any  time  within 
the  lifetime  of  the  entry  where  no  adverse  claim  intervenes. 

Vandevoort's  case,  7  L.  D.,  86. 

Every  fact  necessary  and  essential  to  entitle  claimant  to  make  final  proof 
must  appear  affirmatively  from  the  proof. 

U.  S.  v.  Skahen,  6  L.  D.,  120. 

Parks'  case,  6  L.  D.,  549. 

Garlics'  case,  6  L.  D.,  310. 

"Mere  pretense  of  cultivation  does  not  satisfy  the  requirements  of  the 
homestead  law.  A  proof  which  fails  to  show  bona  fide  compliance  with  the 
law  in  the  matter  of  cultivation  must  be  rejected." 

Ingelev  J.  Clomset,  36  L.  D.,  255. 

"Boxing  and  chipping  trees  for  turpentine  on  unperfected  homestead 
entries  constitutes  trespass  and  cannot  in  any  sense  be  considered  as  cultiva- 
tion within  the  spirit  of  the  homestead  law." 

Robert  L.  McKenzie,  36  L.  D.,  302. 

"Using  the  land  for  the  raising  of  hogs  is  an  agricultural  use,  and  where 
the  land  is  better  adapted  to  that  use  than  tillage  of  the  soil,  meets  the 
requirements  of  the  homestead  law  with  respect  to  cultivation." 

For  cultivation  required  under  the  Enlarged  Homestead  Act  and  under 
the  Three  Year  Homestead  Act,  see  title,  "Enlarged  Homestead"  and  "Three 
Year  Homestead. ' ' 

Residence: 

' '  Temporary  absences  of  a  homestead  entryman  from  his  claim,  when 
necessary  to  procure  a  livelihood,  may  be  excused,  where  it  clearly  appears 
that  actual  residence  is  being  maintained  in  good  faith;  but  failure  to  main- 
tain residence  cannot  be  excused  on  the  ground  that  the  entryman  cannot 
make  a  living  on  the  land." 

Smith  v.  Hustead,  35  L.  D.,  376. 

Leave  of  absence  does  not  cure  defect  in  residence  not  established  at 
the  time  leave  was  granted. 

Matics  v.  Gillidett,  35  L.  D.,  353. 

Extension  of  time  in  which  to  establish  residence  cannot  be  granted. 

Cummings  v.  Clark,  35  L.  D.,  373. 

"An  extension  of  time  beyond  the  six-month  period  accorded  by  statute 
within  which  to  establish  residence  upon  a  homestead  claim  will  not  be 
allowed  on  the  ground  of  climatic  conditions  unless  it  appear  that  the  same 
conditions  also  prevailed  and  prevented  the  establishment  of  residence  during 
that  period." 

Vening  v.  Colwell,  35  L.  D.,  356. 

"Under  the  provisions  of  the  Act  of  March  3,  1881,  the  Commissioner  of 
the  General  Land  Office  ma*y,  in  his  discretion,  allow  a  homestead  entryman 


161 

twelve  months  from  the  date  of  his  entry  within  which  to  commence  residence 
upon  the  land,  where  it  is  satisfactorily  shown  that  on  account  of  climatic 
conditions  it  is  impossible  to  commence  residence  within  six  months;  but  in 
such  cases  the  entryman  may  be  credited  with  constructive  residence  for  a 
period  of  six  months  only,  and  actual  residence  for  the  remainder  of  the  said 
period  of  five  years  must  be  made  and  shown  as  in  ordinary  homestead  cases.'' 

Allen  Clark,  35  L.  D.,  317. 

"Two  periods  of  bona  fide  residence,  separated  by  leave  of  absence  regu- 
larly procured,  without  fraud,  may  be  added  together  to  make  up  the  neces- 
sary fourteen  months  as  a  basis  for  commutation."  This  opinion  modified  the 
one  in  the  case  of  Esberne  K.  Muller,  39  L.  D.,  72. 

Sherman  Shouse,  L.  D.,  456. 

"Credit  for  residence  will  not  be  allowed  during  the  time  the  land  is 
not  subject  to  entrv  by  the  person  maintaining  residence." 

39  L.  D.,  230. 

"A  homestead  entryman  is  entitled  to  the  exclusive  possession  and  enjoy- 
ment of  the  lands  embraced  in  his  entry,  and  where  he  in  good  faith  builds 
his  house  upon  the  land  with  a  view  to  establishing  residence  and  complying 
with  the  law,  but  is  prevented  by  the  threats  of  a  rival  claimant  from  estab- 
lishing residence  on  the  particular  portion  of  the  land  selected  by  him  for 
tlint  purpose,  it  is  not  incumbent  upon  him  to  establish  his  residence  upon 
another  portion  of  the  land,  and  he  will  not  be  held  in  default  for  failure  to 
do  so." 

Cannon  v.  Johnson,  34  D.  D.,  348. 

"An  entryman 's  absences  from  the  land  covered  by  his  entry  are  excusa- 
ble when  due  to  duress  arising  from  threats  of  personal  violence  of  such 
character  as  to  lead  the  entryman  to  believe  that  he  could  not  remain  on  the 
land  except  at  the  risk  of  his  life." 

Vaughn  et  al.  v.  Gammen,  27  L.  D.,  438. 

Official  employment  will  not  excuse  failure  to  establish  residence,  and 
cultivation  and  improvements  must  be  continued. 

Dalquist,  34  L.  D.,  396. 

Commutation  proof  upon  an  entry  made  prior  to  November  1,  1907,  sub- 
mitted immediately  after  the  expiration  of  the  fourteen  months  from  date  of 
entry  showing  that  residence  was  not  established  until  just  before  the  expira- 
tion of  six  months  and  thaj;  the  entryman  was  absent  an  intermediate  period 
of  two  months  during  the  requisite  eight  months  will  not  be  accepted  as 
sufficient. 

Mary  E.  Elson,  38  L.  D.,  541. 

A  second  homestead  entry  made  under  the  Act  of  April  28,  1904,  which 
forbids  commutation  of  entries  made  thereunder,  may 'be  perfected  under  the 
Act  of  February  8,  1908,  which  permits  commutation. 

William  E.' Burkholder,  37  L.  D.,  660. 

A  homestead  entry  made  with  no  intention  of  establishing  a  permanent 
bona  fide  home  upon  the  land,  but  merely  with  a  view  to  submitting  a  show- 
ing sufficient  to  support  commutation  must  be  canceled,  notwithstanding  the 
proof  offered  shows  full  technical  compliance  with  respect  to  inhabitancy  of 
the  land  for  the  period  ordinarily  required  in  commutation  cases. 

Gilbert  Satrang,  37  L.  D.,  683. 

A  contract  made  by  a  homesteader  through  which  he  secures  the  cultivation 
of  the  land  by  a  party  who  lives  on  the  land  with  him  for  such  purpose,  and 
is  paid  for  such  service  out  of  the  crops  so  raised,  is  not  inconsistent  with 
the  maintenance  of  residence. 

Hary  v.  Gaumnitz,  22  L.  D.,  298. 

The  validity  of  residence  is  not  affected  by  the  fact  that  the  wife  refuses 
to  live  on  the  land. 

Scott  v.  Carpenter,  17  L.  D.,  337. 

The  fact  that  the  homesteader's  wife  does  not  reside  with  him  on  the 
land  covered  by  his  entry  but  lives  apart  from  him,  and  at  her  former  place 
of*  residence,  does  not  prevent  him  from  establishing  and  maintaining  the 
requisite  residence  on  his  homestead  claim. 

Munson  v.  dishing,  21  L.  D.,  113. 

Occupation  of  land  through  a  tenant  is  not  the  maintenance  or  establish- 
ment of  residence  requisite  under  the  public  land  law. 

Fleming  v.  Thompson,  17  L.  D.,  561. 

Eesidence  is  not  acquired  by  going  upon  and  visiting  the  land  solely  for 
the  purpose  of  complying  with  the  letter  of  the  law.  The  acts  of  going  upon 


162 

the  land,  and  the  occupancy  thereof  must  concur  with  the  intent  to  make  it  a 
permanent  home  to  the  exclusion  of  one  elsewhere. 

Ferslot  v.  Crury,  26  L.  D.,  1<>~>. 

Mistakes  such  as  location  of  the  land  outside  of  the  claim  or  location 
of  the  house  upon  the  land,  or  that  the  improvements  are  within  the  enclosure 
of  another  do  not  impeach  the  good  faith  of  the  entryman. 

"A  husband  and  wife,  living  as  one  family,  cannot  maintain  separate 
residences  at  the  same  time  and  in  the  same  house,  so  that  each  by  virtue  of 
said  residence  may  perfect  an  entrv  under  the  homestead  law." 

L.  A.  Tavener,  !)  L.  D.,  426. 

"Husband  and  wife,  while  living  together  in  such  relation,  cannot  main- 
tain separate  residences  at  the  same  time  in  a  house  built  across  the  line 
between  two  settlement  claims,  so  that  each  can  secure  a  claim  by  virtue  of 
such  residence." 

Thomas  E.  Henderson,  10  L.  D.,  566. 

John  O.  and  Minerva  C.  Garner,  11  L.  D.,  207. 

Stella  G.  Robinson,  12  L.  D.,  443. 

William  A.  Parker,  13  L.  D.,  734. 

The  failure  of  a  homesteader  to  maintain  residence  will  be  excused,  where 
by  intimidation  and  armed  violence  he  is  driven  from  the  land  and  by  such 
means  prevented  from  return  thereof. 

Eeed  v.  Heirs  of  Plummer,  12  L.  D.,  512. 

The  continuity  of  a  homesteader's  residence  is  not  affected  by  temporary 
absence  resulting  from  illness  and  the  necessity  of  earning  money  for  the 
maintenance  of  the  claim  and  personal  support. 

28  L.  D.,  503. 

Engagement  in  public  service  will  not  be  construed  into  an  abandonment 
so  long  as  such  efforts  are  made  to  maintain  improvements  as  manifest  good 
faith. 

Tomlinson  v.  Soderlund,  21  L.  D.,  155. 

"In  the  case  of  a  homesteader  who  holds  an  appointment  as  postmaster, 
the  Department  will  not,  in  passing  upon  the  compliance  with  law  in  the 
matter  of  residence,  undertake  to  determine  whether  such  residence  is  com- 
patible with  the  statutory  requirement  that  'every  postmaster  shall  reside 
within  the  delivery  of  the  office  to  which  he  is  appointed. '  ' '  Overruling 
Hansbrugh  case,  5  L.  !>.,  155. 

For  regulations  concerning  residence  of  postmasters  and  other  officials 
holding  public  office  see  page  44,  title  ' '  Leave  of  Absence. ' ' 

JUDICIAL  RESTRAINT : 

A  plea  of  "judicial  restraint"  will  not  be  accepted  as  a  sufficient  defence, 
a  charge  of  non-compliance  with  the  law  in  the  matter  of  residence  and 
cultivation  if  the  homesteader  has  not  established  residence  and  otherwise 
complied  with  the  law  prior  to  the  time  when  he  was  placed  under  such 
restraint. 

Judicial  restraint  such  as  conviction  and  sentence  to  the  penitentiary  for 
life  will  excuse  residence  from  the  land. 

Anderson  v.  Anderson,  5  L.  D.,  6. 

"A  charge  that  the  settler  has  changed  his  residence  is  not  sustained  by 
evidence  which  shows  that  the  alleged  absence  was  the  result  of  judicial 
compulsion. ' ' 

Cane  et  al.  v.  Devine,  7  L.  D.,  532. 

See  also  Bohall  v.  Dilla,  114  U.  S.,  49. 

"After  residence  is  once  established  the  continuity  thereof  is  not  broken 
by  absence  from  the  land  caused  by  judicial  restraint." 

10  L.  D.,  551. 

A  homestead  entry  canceled  for  failure  to  make  final  proof  within  the 
statutory  period,  such  failure  being  due  to  the  entryman  's  arrest  and  convic- 
tion on  a  criminal  charge,  cannot  be  reinstated  in  the  presence  of  an  inter- 
vening adverse  claim. 

Ayers  v.  Brownlee,  15  L.  D.,  550. 

A  charge  of  abandonment  resulting  from  judicial  restraint  must  result  in 
dismissal  of  contest. 

Beadhead  v.  Hauenstine,  15  L.  D.,  554. 

Absence  in  prison  under  judicial  restraint  will  riot  be  considered  residence 
toward  making  up  the  period  of  eight  months  required  by  Sec.  9  of  the  Act 
Of  May  29,  1908. 


163 

E.  N.  McGJothian,  36  L.  D.,  502. 

"The  distinction  between  commutation  and  final  proof  in  relation  to  the 
element  of  time  within  which  full  compliance  with  law  may  be  shown  demands 
a  higher  proof  of  good  faith  on  the  part  of  an  entryman  who  elects  to  com- 
plete his  entry  and  acquire  title  within  the  limited  period  allowed  by  com- 
mutation than  is  required  in  the  case  of  ordinary  proof  after  five  years' 
compliance  with  the  law. ' ' 

"A  homestead  entryman  by  his  election  to  commute  assumes  the  burden 
of  showing  full  compliance  with  law  in  the  matters  of  residence,  improvement, 
and  cultivation,  and  the  proof  will  not  be  accepted  by  the  land  department 
unless  it  shows  the  substantially  continuous  presence  of  the  claimant  upon 
the  land  for  the  required  period." 

See  case  of  Fred  Lidgett,  35  L.  D.,  371. 

Under  instructions  from  the  Department  dated  September  24,  1910  (39 
L.  D.,  230),  it  was  held  that  (syllabus): 

"Credit  for  residence  will  not  be  allowed  during  the  time  the  land  is  not 
subject  to  entry  by  the  person  maintaining  residence." 

The  above  instructions  were  modified  by  the  Department  under  date  of 
May  17,  1911,  in  the  ex  parte  homestead  case  of  Martha  Sullivan,  formerly 
Martha  Feigum  (unpublished),  Lemmon  series  020673,  wherein  it  was  held  that 
the  instructions  of  September  24,  1910,  should  not  be  considered  retroactive 
so  as  to  defeat  proof  which  was  offered  and  accepted  in  accordance  with  the 
practice  theretofore  prevailing. 

The  instructions  in  question  were  further  modified  by  the  Department 
under  date  of  August  7,  1911,  in  a  letter  to  this  office,  wherein  it  is  held 
that  a  contestant  who  established  his  residence  and  also  filed  his  contest 
prior  to  September  24,  1910,  and  maintained  his  residence,  may  receive  credit 
for  the  time  he  resided  upon  the  land  before  the  cancellation  of  the  entry 
which  he  contested. 

You  will  exercise  care  in  adjudicating  claims  that  are  governed  by  the  above 
instructions. 

The  foregoing  is  from  circular  No.  47,  dated  August  21,  1911. 

Every  fact  necessary  and  essential  to  entitle  claimant  to  make  final  proof 
must  appear  affirmatively  from  the  proof. 

U.  S.  v.  Skahen,  6  L.  D.,  120. 

Parks'  case,  6  L.  D.,  549. 

Garlics'  case,  6  L.  D.,  310. 

IMPROVEMENTS: 

The  Land  Department  has  no  jurisdiction  over  disputes  between  settlers 
concerning  their  claims  against  each  other  on  account  of  alleged  improve- 
ments. 

See  case  of  Winn  v.  Saunders  et  al.,  20  L.  D.,  3. 

Eights  as  to  the  ownership  or  possession  of  improvements  placed  on  public 
lands  without  authority  of  law,  are  not  determined  by  a  judgment  of  the 
Department  sustaining  the  validity  of  an  entry  of  said  land. 

Wheeler  v.  Eogers,  28  L.  D.,  250. 

The  words  "cultivation"  and  "improvement"  used  synonymously  by  the 
Department  in  considering  cash  entries. 

Adelphi  Allen,  6  L.  D.,  420. 

CONTESTS. 

1.  Grounds  of  contest. 

2.  Contestant. 

3.  Homestead  Entries. 

4.  Desert  Entries. 

5.  Reclamation  Homesteads. 

6.  Three-Year  Homestead. 

7.  Preference  Right  of  Entry. 

8.  Rules  of  Practice. 

9.  Relinquishments. 

1.  Contests  may  be  initiated  against  an  entry  for  any  cause 
which  affects  the  validity  of  the  same.  It  may  be  brought  upon 


164 

any  ground  which  would  disclose  the  disqualification  of  the  entry- 
man.  It  is  impossible  to  give  the  grounds  of  contests  in  detail. 
The  most  prolific  ground  of  contest  is  that  of  failure  to  establish 
and  maintain  residence  on  the  land  as  required  by  law;  failure  to 
improve  and  cultivate  the  same  as  required  by  law,  and  abandon- 
ment for  a  period  of  more  than  six  months. 

2.  Contestant  (See  Rules  of  Practice.) 

3.  Homestead    Entries.     (See    paragraph    1.     See    Homestead 
Entries,  Proofs,  Reclamation,  and  Rules  of  Practice.) 

4.  Desert  entries  may  be  contested  for  failure  to  comply  with 
the  law  applicable  to  the  same,  or  failure  to  make  annual  or  final 
proof  within  the  time  allowed  by  law,  or  for  any  cause  which  would 
affect  the  validity  of  the  entry,  or  disqualify  the  entryman. 

'  5.     Reclamation  Homesteads.     (See  Reclamation  of  Arid  Lands.) 

6.  Three-Year  Homestead  Law.     This  law  is  a  new  one,  and 
while  the  law  in  force  regarding  contests  against  this  entry  so  far 
as  they  may  be  applicable  will  control,  yet  doubtless  many  new 
questions  will  arise  affecting  the  right  to  perfect  the  same.     We 
have  compiled  all  regulations  and  instructions  so  far  issued,  and 
they  will  be  found  by  consulting  the  title  "Three-Year  Homestead 
Law." 

7.  Preference  Right  of  Entry.     (See  also  Rules  of  Practice.) 

[Circular.] 
REGULATIONS. 

Department   of  the   Interior, 

General  Land  Office, 
Washington,  I>.  C.,  September  15,  1910. 
Registers  and  Receivers, 

United  States  Land  Offices. 

Gentlemen:  In  accordance  with  departmental  instructions  contained  in 
the  decisions  in  the  cases  of  Crook  v.  Carroll  (37  L.  D.,  513),  James  v.  Stanley 
(37  L.  D.,  560),  and  William  J.  Stock  v.  Oscar  E.  Herman  and  James  Gibson 
(39  L.  D.,  — ),  the  following  regulations  are  issued  for  your  guidance: 

(a)  1.    In  order  to  entitle  a  contestant  to  the  preference  right  of  entry 
conferred  by  Sec.  2  of  the  Act  of  May  14,  1880  (21  Stat.,  140),  it  must  appear 
not  only  that  he  has  contested  the  entry  and  paid  the  land  office  fees  in  that 
behalf,  but  that  he  has  actually  procured  the  cancellation  of  the  entry. 

(b)  2.    Where   a  good   and   sufficient   affidavit   of  contest   has  been   filed 
against  an  entry  and  no  notice  of  contest  has  issued  on  such   affidavit,   or, 
if  issued,  there  is  no  evidence  of  service  of  such  notice  upon  the  contestee, 
if   the   entry   under   attack    should   be   relinquished,    you    will,    as    heretofore, 
immediately  note  the  cancellation  of  the  entry  upon  the  records  of  your  office. 
In  such  cases  for  purposes  of  administration  a  presumption  will  obtain  that  the 
contest  induced  the  relinquishment   and  no  other  entry  of  the   land  will  be 
allowed   until   the    following  proceedings   are   had.     If   the   relinquishment   is 
filed  by  a  person  other  than  the  contestant,  you  will  at  once  notify  the  con- 
testant  thereof   that   he    may  take    appropriate    steps   to  make   the    entry   if 
desired.    To  that  end  you  will  suspend  all  applications  filed  by  others  than  the 
contestant  within  the  period  awarded  successful  contestants  to  make   entry; 
should  the  contestant  during  this  period  present  application,  in  the  absence  of 
other  intervening  application,  his  entry  will  at  once  be  allowed,  but  if  an  inter- 
mediate application  has  been  filed  by  another,  you  will  at  once  notify  such  inter- 
vening applicant  of  the  claimed  rights  of  the  contestant  and  that  it  will  be 
necessary  for  him,  the  intervening  claimant,  to  show,  if  he  desires,  that  the 
relinquishment  was  not  the  result  of  the  contest,  and  that  in   the   event   he, 
within  twenty  days  from  the  receipt  of  such  notice,  apply  for  a  hearing  for  that 
purpose,  the  same  will  be  ordered  with  at  least  thirty  days'  notice  to  all  inter- 
ested parties,  otherwise  the  intermediate  application  will  be  rejected  and  con- 
testant 's  application  allowed.    At  said  hearing  it  shall  be  competent  for  the  con- 
testant to  show  that  the  former  entryman  or  some  one  in  privity  with  him  in 


165 

the  sale  or  purchase  of  the  relinquishment  had  knowledge  of  the  filing  of  the 
affidavit  of  contest,  in  rebuttal  of  any  showing  made  by  the  applicant.  If  it 
satisfactorily  appear  from  the  testimony  that  the  relinquishment  was  not  the 
result  of  the  contest,  the  intermediate  applicant  will  prevail,  otherwise  the 
application  of  contestant  will  be  allowed  as  in  the  exercise  of  a  preference 
right. 

(c)  3.    Where  it  appears  of  record  that  the  defendant  has  been  served 
with   notice   of   contest   personally   or   by  publication,   it   will   be   conclusively 
presumed  as  a  matter  of  law  and  fact  that  the  relinquishment  was  the  result 
of  the   contest   and  the  contestant  will  be  awarded  the   preference   right   of 
entry  without  necessity  for  a  hearing. 

(d)  4.     Where,   prior   to   hearing   in    a   contest,   a   junior   contest   is   filed, 
alleging   a   valid   ground   for   the   cancellation   of    the   entry    and,   in   addition 
thereto,  the  collusive  nature  of  the  prior  contest,  the  junior  contestant  may, 
if  the  entryman  has  been   served  with  notice   of  the  prior  contest,  intervene 
at  the  hearing  and  submit  testimony  in  support  of  his  charges.     Should  the 
junior  contestant  elect  to  offer  testimony  in  support  of  his  charge  of  collusion 
only,  he  will  not  gain  a  preference  right  of  entry,  if  such  charge  be  estab- 
lished.    If,  at  the  time  of  the  filing  of  the  junior  contest,  notice  is  not  issued 
on  the  prior  contest,  you  will  issue  such  notice  and  at  the  same  time  notice 
on  the  junior  contest;  the  latter  notice  must  recite  all  the  charges  contained 
in   the    affidavit    and    state,    in    addition,   that    the   junior   contestant   will    be 
allowed  to  appear  at  the  time  set  for  taking  testimony  in  the  prior  contest 
and  offer  evidence  in  support  of  his  charges.     The  junior  contestant  will  be 
required  to  serve  notice  on  both  the  prior  contestant  and  the  entryman. 

(e)  5.    If,   before   the   case  proceeds   to   a   hearing,   the   entryman 's   relin- 
quishment be  filed,  both  contestants  must  be  notified  of  the  cancellation  of 
the  entry  and   of  their  right  to   apply  to   enter  the  land  within   thirty  days 
after  the  receipt  of  such  notice.     Should  both  apply  within  such  period,  you 
will  set  a   day  for  hearing,   of  which   each   shall  have  at  least  thirty  days' 
notice,  at  which  the  junior  contestant  will  be  allowed  to  prove  his  charge  of 
collusion  and  so  defeat  the  claimed  preference  right  of  the  prior  contestant. 
An  application    to    enter   by   a   party    other   than    either   of    the    contestants, 
presented  within  the  preference  right  period,  must  be  suspended  to  await  the 
action  of  the  contestants  in  asserting  their  preference  rights. 

(f)  6.    Where  a  junior  contest  charging  collusion  is  not  filed  until  after 
the  prior  contest  has  proceeded  to  a  hearing,  it  will  be  suspended,  pending  the 
closing  of  the  latter  case,  and  must  wholly  fail  if  the  entry  be  canceled  as 
the  result   of  the   prior   contest.     This,   however,  will   not  prevent   the   junior 
contestant    from    attacking    the    application    of    the    successful    contestant    to 
make  entry,  upon  the  ground  of  collusion  or  for  any  other  valid  cause,  should 
the  latter  attempt  to   exercise  the  preferred  right   of  entry,  nor,   should  the 
prior  contest  result  in  favor  of  the  entryman,  will  the   junior  contestant  be 
precluded  from  prosecuting  his  case  if  his  affidavit,  in  addition  to  the  charge 
of  collusion,  states  a  sufficient  ground  for  the  cancellation  of  the  entry  other 
than  the  charge  involved  in  the  trial  of  the  prior  contest. 

(g)  7.    These  regulations  are  in  lieu  of  departmental  regulations  of  June 
1,  1909  (38  L.  D.,  23).  Eespectfully, 

September  15,  1910.  Fred  Dennett, 

Approved:  Commissioner. 

Frank  Pierce, 

Acting  Secretary. 

8.  Rules  of  Practice.     All  notice  of  contest  must  be  prepared 
by  the  contestant  or  his  attorney.     The  Land  Office  officials  will 
not  take  the  time  to  prepare  notices  of  contest.     There  is  a  regula- 
tion of  the  Department  to  the  effect  that  the  Register  and  Receiver 
are  not  required  to  make  up  affidavits  of  contests.     We  do  not  give 
the  circular  here  because  it  is  impossible  to  publish  all  such  matters. 
I  desire  to  give  the  more  important  features  of  the  regulations. 
We  must  make  the  work  as  brief  as  possible  consistent  with  its 
purpose,  so  it  may  be  contained  in  one  volume. 

(See  Rules  of  Practice.) 

9.  Relinquishments.     (See  Relinquishments.) 


166 

UNITED  STATES  COMMISSIONERS  AND  OTHER  OFFICERS 
PREPARING  PAPERS  IN  CONNECTION  WITH  APPLICA- 
TIONS AND  FINAL  PROOFS  IN  MATTERS  INVOLVING 
PUBLIC  LAND. 

Suggestions. 

We  have  considered  it  advisable  to  give  a  few  suggestions  to 
U.  S.  Commissioners  and  others  preparing  papers  in  connection  with 
public  land.  These  suggestions  are  not  intended  for  Registers  and 
Receivers  of  local  land  offices.  We  have  compiled  a  few  important 
laws  and  departmental  regulations  under  this  chapter.  It  is  quite 
impossible  to  give  them  all  in  detail.  What  we  may  suggest  will  be 
based  upon  some  law,  rule  or  regulation  of  the  Department,  or 
experience  while  in  the  practice. 

Care  should  be  exercised  to  the  end  that  your  charges  should 
not  be  in  excess  of  the  fees  allowed  by  law,  schedule  of  which  will 
be  found  elsewhere.  It  is  a  violation  of  law  to  impose  excess 
charges,  and  no  doubt  persistence  in  this  matter  will  result  in 
prosecution  or  removal. 

Care  should  be  taken  to  examine  the  instruments  before  deliver- 
ing the  same  to  the  party  or  sending  it  to  the  Land  Office  to  see 
that  the  same  has  been  properly  signed,  the  jurats  completed,  and 
the  seal  attached. 

The  testimony  of  witnesses  and  claimant  in  final  proofs  must 
not  be  taken  within  the  hearing  of  the  other.  Attorneys  are  not 
permitted  to  take  any  part  in  the  examination  of  a  witness  making 
final  proof,  except  in  cases  of  a  protest,  where  the  protestant  claims 
the  right  to  question  the  entryman  regarding  the  truth  of  his  state- 
ments relative  to  his  residence. 

It  has  been  observed  that  persons  who  have  been  appointed  to 
positions  of  U.  S.  Commissioners,  Judges  and  Clerks  of  Courts  and 
others  taking  acknowledgments  in  public  land  matters,  without 
previous  experience,  are  lost  to  know  just  what  to  do,  how  to  do  it, 
and  particularly  just  what  papers  to  transmit  to  the  Land  Office  in 
a  given  matter.  For  this  reason  we  have  arranged  a  key  which 
will  be  found  very  helpful  in  such  matters. 

The  index  to  forms  should  be  consulted  to  determine  the  kind 
of  application  to  prepare.  If  it  is  a  second  entry,  special  affidavit 
must  accompany  the  same  showing  qualification.  By  consulting  the 
title  treating  the  character  of  the  entry  to  be  made  you  will  find  a 
statement  showing  what  the  application  should  contain.  For 
example : 

Suppose  you  are  about  to  prepare  an  application  for  a  second 
homestead  entry  under  the  Act  of  February  3,  1911.  You  will 
consult  the  chapter  on  Second  Homestead  Entries.  You  will  find 
that  such  application  must  be  corroborated.  You  will  find  a  refer- 
ence to  form  used,  either  approved,  or  one  which  will  show  a  sub- 
stantial compliance  so  far  as  the  law  may  relate.  If  the  application 
is  one  under  the  equitable  rule,  consult  that  chapter  the  same  as 
you  did  the  first,  and  this  will  give  you  the  mode  of  procedure,  and 
will  inform  you  as  to  what  papers  must  go  to  the  Land  Office. 
Applications  of  this  character  not  accompanied  by  the  special  affi- 
davits will  result  in  a  suspension  by  the  Register  and  Receiver,  but 


167 

in  such  event  a  reasonable  length  of  time  is  usually  allowed  in  which 
to  file  the  same. 

In  all  applications  for  public  lands,  if  the  party  is  not  a  native 
born  citizen  of  the  United  States,  evidence  of  citizenship  must 
accompany  the  same. 

Applications  made  subject  to  the  Act  of  June  22,  1910,  should 
contain  the  following  notation : 

Application  made  in  accordance  with  and  subject  to  the  pro- 
visions and  reservations  of  the  Act  of  June  22,  1910  (36  Stat.,  583). 

In  cases  of  final  proof,  and  in  cases  where  hearing  has  been  set 
before  some  qualified  officer  within  the  district,  by  the  Register  and 
Receiver,  it  is  the  duty  of  such  officer  to  transmit  the  record, 
together  with  the  fees  due  the  Land  Office.  There  is  no  obligation 
on  the  part  of  the  officer  to  transmit  applications  to  the  Land  Office, 
although  this  has  become  the  practice.  When  doing  so  the  proper 
and  necessary  fees  and  commissions  or  payment  money  must  accom- 
pany the  application.  The  officer's  duty  ends  with  the  acknowl- 
edgment. 

Money. 

Only  currency  or  postoffice  money  order  will  be  accepted  by 
the  Receiver  of  the  District  Land  Office.  Checks  and  drafts  will 
not  be  accepted.  It  is  contrary  to  regulations  to  do  so,  and  delay 
will  be  avoided  by  following  this  rule  strictly.  Applications  unac- 
companied with  the  necessary  money  will  be  rejected,  and  the  land 
applied  for  will  not  be  segregated. 

Papers  and  Arrangement  Thereof. 

In  preparing  and  transmitting  contest  records  the  following 
rules  must  be  observed : 

[Circular  No.  48.] 
PREPARATION  OF  TRANSCRIPT  OF  TESTIMONY. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  August  19,  1911. 
Kegisters  and  Keeeivers, 

United  States  Land  Offices. 

Gentlemen:  To  avoid  the  transmission  here  of  incomplete  records  in 
contest  cases,  you  will  prepare,  or  cause  to  be  prepared,  the  transcripts  of 
testimony  in  litigated  matters  to  show — 

1.  The  names  of  the  parties,  date  and  place  of  hearing,  and  name  of  the 
officer  taking  the  testimony. 

2.  The  appearance  made  by  either  party,  whether  general  or  special,  and, 
if  represented  by  an  attorney  or  agent,  the  post-office  address  of  such  repre- 
sentative. 

3.  The  names  of  the  various  witnesses  called  and  sworn,  by  whom  called, 
and  the  name  of  the  attorney  or  person  conducting  the  examination  both  in 
chief  and  otherwise. 

4.  If  any  motions  or  objections  are  made  they  should  be  fully  transcribed, 
giving  the  name  of  the   party  making  the  same;   and  the   ruling   thereon,  if 
any,  should  be  carefully  noted. 

5.  When   either  party  rests   his  case,  such   fact   should   be   noted.     Any 
adjournments  in  the  taking  of  testimony  should  also  be  noted. 

6.  A  complete  index  should  accompany  each  record. 

The  contest  clerk  should  be  carefully  instructed  in  order  that  records 
may  show  just  what  proceedings  were  had  at  the  hearing. 

Very  respectfully,  Fred  Dennett, 

Commissioner, 


168 

Matters  to  Observe  in  Preparing  and  Transmitting  Applications 

to  Land  Office. 

1.  Is  the  land  vacant,  and  subject  to  the  application  about  to 
be  presented? 

2.  Is  the  land  withdrawn  for  irrigation  or  reservoir  purposes, 
or  is  it  subject  to  the  Act  of  June  22,  1910?     If  subject  to  the  last 
mentioned  Act,  was  settlement  made  thereon  by  applicant  prior  to 
such  date? 

3.  If  the  application  is  made  subject  to  the  Act  of  June  22, 
1910,  have  the  proper  notations  been  noted  on  the  application  before 
transmission?     (See  suggestions  this  title.) 

4.  Has  the  land  been  classified  ? 

5.  Is  the  applicant  qualified  to  make  entry  of  the  land,  and  have 
his  qualifications  been  fully  shown? 

Having  determined  the  character  of  application,  observe  the 
following  items: 

(a)  Is  the  applicant  a  citizen?     If  not,  evidence  of  citizenship 
should  accompany  the  application,  or  it  will  be  suspended  for  such 
evidence  when  it  reaches  the  Land  Office. 

(b)  How    much    money    should    accompany    the    application? 
Consult  table  of  fees  and  commissions  for  the  State  in  which  land 
is  located.     Pages  —  to  — . 

(c)  Money  order  should  be  obtained  in  the  name  of  the  remit- 
ter in  favor  of ,  Receiver  U.  S.  Land  Office  at ,  State 

of . 

(d)  Are  special  affidavits  required  ?    If  so,  the  applicant  should 
make  an  effort  to  send  them  with  the  papers.     When,  however,  this 
is  impossible  because  of  failure  to  secure  witnesses,  or  record  facts, 
they  should  follow  within  thirty  days. 

(e)  Is  the  application  for  lands  writhin  a  reclamation  project 
under  the  Act  of  June  17,  1902?     If  so,  he  should  present  applica- 
tion in   accordance  with   official   orders  relating  to  such  project. 
Generally  Form  4-007  is  used  with  form  of  water  right  A4-021, 
except  in  cases  of  assignment  of  water  right  by  previous  entry  man, 
in  which  case  Form  Al-4-021a  is  used  with  4-007. 

The  above  rules  should  be  followed  in  the  following  cases: 
Applications  for  Isolated  tracts,  Timber  and  Stone,  Declaratory 

Statements,  Coal  purchase,  and  in  fact  all  applications  for  public 

lands. 

Desert  Entries. 

1.  All  the  above  items  should  be  observed,  with  these  added : 

2.  Is  the  applicant  a  citizen  of  the  State  in  which  the  land  is 
located?     If  not,  he  is  disqualified  from  making  desert  land  entry. 

3.  TWTO  witnesses    must    be    furnished.     (See    form    4-274    for 
information  which  witness  should  possess.) 

4.  Map,  plat   or  diagram  showing  plan  of   irrigation    should 
accompany    the    application.     It    should    be    verified.     (See    form 
page  — .) 

5.  Twenty-five  cents  per  acre  for  the  land  applied  for. 

Proofs. 

We  submit  a  key  showing  the  papers  that  should  accompany 
final  proof  papers.  It  is  quite  impossible  to  give  every  paper  nec- 
essary, as  it  frequently  occurs  when  special  papers  and  affidavits 


169 

must  be  furnished.  However,  speaking  generally,  we  believe  that 
if  this  key  is  followed  in  most  cases  at  least  the  proof  will  be 
complete. 

1.  Deposition  of  claimant. 

2.  Deposition  of  two  witnesses. 

3.  If  naturalized,  evidence  of  citizenship  or  affidavit  that  such 
evidence  was  furnished  at  time  of  filing. 

4.  Non-alienation  affidavit. 

5.  Affidavit  of  publisher  showing  legal  publication. 

6.  If  proof  not  submitted  on  the  day  advertised,  affidavit  stat- 
ing reasons  therefor.     Proof  must  be  submitted  within  10  days  of 
the  day  advertised.     (See  proofs  — .) 

7.  Affidavit  correcting  spelling  names  of  witnesses,  in  case  any 
are  erroneously  spelled,  showing  the  name  advertised  and  the  wit- 
ness to  be  one  and  the  same  person. 

8.  Special  affidavit  that  may  be  required  by  the  nature  of  the 
proof. 

9.  While  the  filing  papers  are  not  required,  they  often  serve 
to  aid  the  Land  Office  in  checking  the  entries,  and  the  practice  seems 
to  be  to  forward  them  with  the  final  proof. 

10.  Reports  field  division,  application  to  make,  will  be  supplied 
by  the  Land  Office. 

11.  Money  order  for  testimony-fees  at  rate  prevailing  in  dis- 
trict.    (See  Schedule.) 

Desert  Proofs. 

Yearly:  Affidavit  of  claimant  and  two  witnesses.  (See  Form 
\ 

Third  Year:  Affidavit  of  claimant  and  two  witnesses  as  above, 
with  the  following  added:  Map,  plat,  or  diagram,  showing  the 
system  of  irrigation,  the  character  of  the  reclamation,  and  the 
extent  thereof.  Map  must  be  verified,  showing  that  the  plan  of 
irrigation  submitted  has  reclaimed  the  land  from  desert  to  agricul- 
tural in  character. 

Desert  Final  Proof. 

(1)  Deposition  of  applicant. 

(2)  Deposition  of  two  witnesses. 

(3)  Map,  verified,  showing  land  reclaimed,  showing  character 
of  land  not  capable  of  being  irrigated  from  system  of  irrigation. 

(4)  Affidavit  of  publisher. 

(5)  Evidence  of  citizenship. 

(6)  Evidence  showing  title  to  sufficient  water  supply  to  per- 
manently irrigate  the  land. 

(7)  One  dollar  per  acre  for  land  embraced  in  entry. 
See  Water  Rights  Adjudication. 

In  isolated  tracts,  timber  and  stone,  coal,  oil,  gas,  petroleum, 
mineral,  parks  and  townsites,  proofs  are  made  before  the  Register 
and  Receiver.  The  papers  necessary  to  accompany  the  same  will 
be  found  with  the  regulations  covering  each  subject. 

Contests. 

Contests  should  not  be  transmitted  to  the  Land  Office  unless  the 
notices  of  contests  are  prepared  so  that  all  there  is  to  do  will  be  to 
have  the  signature  of  the  Register  or  Receiver  attached. 


170 

See  Rules  of  Practice.     See  Contestant. 

In  administering  an  oath  to  a  witness  call  his  attention  to  the 
purport  of  section  5392  of  the  Revised  Statutes,  advising  him  that 
in  the  event  he  should  swear  or  declare  or  depose  falsely  in  the 
matter  the  Government  will  prosecute  him  to  the  full  extent  of  the 
law. 

Don't  undertake  to  couple  the  position  of  U.  S.  Commission 
with  that  of  a  locator,  nor  undertake  to  act  in  the  capacity  of 
attorney  for  anyone  in  a  proceeding  which  may  be  pending  or  which 
may  be  set  for  hearing  before  you. 

Forward  papers  immediately  to  the  local  land  office  for  your 
district.  Be  careful  that  papers  are  forwarded  to  the  proper  office, 
as  neglect  in  this  respect  will  occasion  delay,  which  may  result  in  a 
loss  of  the  land  applied  for. 

While  the  local  land  office  will  accommodate  you  with  a  few 
blanks  in  given  cases,  you  should  not  ask  them  to  furnish  you  with 
supplies.  This  they  are  not  permitted  to  do.  You  should  provide 
yourself  \vith  supplies,  and  they  should  be  in  form  prescribed  by 
regulations.  We  have  included  a  list  of  some  of  the  most  impor- 
tant forms  deemed  necessary  for  use  outside  of  local  land  offices. 
Many  of  these  are  approved  forms,  while  others  are  intended  to 
present  a  substantial  compliance  with  law  concerning  which  no 
form  has  been  approved.  In  using  the  forms  for  typewriting  pur- 
poses, you  should  be  careful  to  follow  the  notes,  so  that  all  the 
material  matters  may  appear  on  the  form.  These  notes  have  been 
used  so  as  to  avoid  a  duplication  of  publication  of  such  matters. 

Study  official  circulars  and  regulations  published  herein  cover- 
ing the  kmd  of  entry  or  proof  under  consideration. 

CLAIMS— PRIVATE. 

Congress  having  confirmed  and  directed  a  survey  of  a  private 
land  grant,  it  is  not  within  the  province  of  the  Land  Department 
to  question  its  integrity  and  validity. 

If  there  is  a  doubt  as  to  the  translation  of  the  original  title 
papers  relating  to  a  private  land  grant,  the  Land  Department  must 
be  guided  by  the  translation  which  the  Government  gave  to  the 
Surveyor  General  and  the  course  of  the  proceedings  leading  up  to 
the  confirmation  of  the  grant. 

Where  conflicting  land  grants  have  been  confirmed  by  Congress, 
each  without  any  reference  to  the  other,  it  is  the  duty  of  the  Land 
Department  to  follow  the  confirmation  of  the  survey  and  patent  of 
each  grant,  leaving  to  the  judicial  tribunal  the  determination  of  all 
matters  of  priority  and  superiority  that  originate  in  the  way  of 
conflict  where  the  confirmatory  Act  provides  that  the  survey  of  the 
private  land  grant  "shall  conform  to  and  be  connected  with  the 
public  survey  of  the  United  States  so  far  as  the  same  can  be  done 
consistently  with  land  marks  and  boundary  specifications  in  the 
grant"  and  on  account  of  the  absence  of  public  survey  in  the 
vicinity  of  the  land  it  appears  to  be  impracticable  to  make  a  survey 
conform  to  and  be  connected  with  the  public  surveys,  the  same  will 
not  be  required.  The  cost  of  survey  of  private  land  claims  shall  be 
paid  by  the  claimant  after  the  completion  of  the  survey  and  prior 
to  the  issuance  of  patent. 


171 

The  Land  Company  of  New  Mexico,  Limited,  et  al.,  31  L.  D.  202. 

For  further  information  upon  the  subject  consult  Instructions  of  July 
24,  1901,  31  L.  D.,  45.  Also  table  of  Circulars,  Instructions,  and  Kegula- 
tions.  Edgar,  Trustee  of  the  Koman  Catholic  Chruch  v.  Delback,  31  L.  D., 
39;  31  L.  D.,  332;  31  L.  D.,  344;  31  L.  D.,  346;  37  L.  D.,  65;  37  L.  D.,  285- 
37  L.  D.,  480;  37  L.  D.,  509;  37  L.  !>.,  536;  32  L.  D.,  11;  32  L.  D.,  83;  32 
L.  D.,  286;  32  L.  D.,  287;  32  L.  D.,  370;  32  L.  D.,  492;  34  L.  D.,  67;  34  L.  D. 
136;  34  L.  D.,  144;  34  L.  D.,  242;  34  L.  D.,  276;  34  L.  D.,  506;  35  L.  D.,  93; 
35  L.  D.,  123;  35  L.  D.,  258;  35  L.  D.,  602. 

Chap.  212.  An  Act  to  amend  an  Act  entitled  "An  Act  to  establish  a 
court  of  private  land  claims  and  to  provide  for  the  settlement  of  private 
land  claims  in  certain  States  and  Territories,"  approved  March  third,  eighteen 
hundred  and  ninety-one,  and  the  Acts  amendatory  thereto,  approved  Feb- 
ruary twenty-first,  eighteen  hundred  and  ninety-three,  and  June  twenty-seventh, 
eighteen  hundred  and  ninety-eight. 

Approved  February  26,  1909. 

60  Congress,  Public  No.  277,  Page  655. 

CONFLICTING  CLAIMS— ADJUSTMENT. 

Regulations  under  Act  of  July  1,  1898,  30  Stat.,  597,  620,  to  facilitate  the 
adjustment  of  conflicting  claims  to  lands  within  the  limits  of  the  grant  to  the 
Northern  Pacific  Eailroad  Company,  Approved  February  14,  1899,  were  sup- 
plemented with  regulations  of  June  15,  1901,  30  L.  D.,  620. 

ADJOINING  FARM  HOMESTEADS. 

A  person  possessing  the  requisite  qualifications  under  the  homestead  law 
(not  having  exhausted  his  right  by  previous  entry  thereunder),  owning  and 
residing  on  land  not  amounting  in  quantity  to  a  quarter  section,  may  enter 
other  land  lying  contiguous  to  his  own  to  an  amount  which  shall  not,  with 
the  land  already  owned  by  him,  exceed  in  the  aggregate  160  acres.  For 
instance,  if  he  has  purchased  or  obtained  from  the  Government  (not  under  the 
homestead  law)  or  from  any  other  party  40  acres  of  land,  he  can,  under  the 
provisions  of  the  homestead  law,  enter  120  acres  adjoining;  if  he  is  the 
owner  of  80  acres  he  can  enter  another  80  acres;  if  he  is  the  owner  of  120 
acres  he  can  enter  40  acres  additional  (Sec.  2289,  Eev.  Stat.).  The  party 
must  fulfill  the  requirements  of  the  homestead  law  as  to  residence  and  culti- 
vation, but  will  not  be  required  to  remove  from  the  land  which  he  originally 
owned  in  order  to  reside  upon  and  cultivate  that  which  he  thus  acquires 
under  the  homestead  law,  since  the  whole  160  acres  are  considered  as  consti- 
tuting one  farm  or  body  of  land,  residence  of  and  cultivation  of  a  portion  of 
which  is  equivalent  to  residence  upon  and  cultivation  of  the  whole,  except 
that  patent  for  the  adjoining  homestead  will  not  be  issued  until  five  years 
from  date  of  entry  thereof. 

Adjoining  farm  entries  under  Sec.  2289  of  the  Kevised  Statutes  are  not 
to  be  confounded  with  additional  entries  under  other  statutes. 

GENERAL  COAL-LAND  LAWS  AND  REGULATIONS  THEREUNDER. 

1.  Sale  of  coal  lands. 

2.  Entry  of  coal  lands. 

3.  Entry  by  individuals. 

4.  Entry  by  an  association. 

5.  Number  of  entries  allowed  one  person  or  association. 

6.  Information  furnished. 

7.  Preference  right  of  entry. 

8.  Authority   of   local    officers   to    order   hearing   after   entry   has    been 

allowed. 

9.  Authority   of   local   officers    to    order    hearing   prior    to   allowance   of 

entry. 

10.  Application  to  purchase  otherwise  than  by  preference  right. 

11.  Declaratory  statement  for  preservation  of  preference  right  of  entry. 

12.  Time  allowed  for  making  final  proof  and  payment. 

13.  Sixty  days  and  one  year  limitation. 

14.  Affidavit  for  purchase  in  exercise  of  preference  right. 

15.  Affidavit  for  purchase  and  entry  by  an  association. 

16.  Verification  of  applications,  declaratory  statements,  and  affidavits. 

17.  Publication  of  application. 

18.  Proof  of  publication. 


172 

19.  Form  of  notice  for  publication. 

20.  Payment. 

21.  Delivery  of  patent. 

22.  Adverse  rights. 

23.  Application  for  survey. 

24.  Rules  of  practice. 

25.  Reports  of  local  officers. 

Coal  lands  in  Alaska.     Circular  September  7,  1909. 
Miscellaneous  regulations.     (See  pages  307,  187.) 


GENERAL  LAND  OFFICE  CIRCULARS,  WITH  AMENDMENTS 
AND  SUPPLEMENTS   CONCERNING 

COAL-LAND  LAWS  AND  BEGULATIONS  THEREUNDER. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  April  12,  1907. 

The  following  coal-land  laws  relating  to  the  public-land  States 
and  Territories  and  to  the  district  of  Alaska,  together  with  the 
rules  and  regulations  as  now  applicable,  are  herewith  published  for 
the  instruction  of  the  local  land  officers  and  the  information  of 
intending  applicants.  All  rules  and  regulations  heretofore  issued 
under  said  laws  are  hereby  abrogated.  (See  Isolated  Tracts.) 

PART  I. 
TITLE  XXXII,  CHAPTER  Six. 

MINERAL  LANDS  AND  MINING  RESOURCES. 

Sec.  2347.  Every  person  above  the  age  of  twenty-one  years,  who 
Entry  of  coal  lands.is  a  citizen  of  the  United  States,  or  who  has  declared 
l79Msrci'  y18!?'  p'kis  intention  to  become  such,  or  any  association  of 
COT.  '  'persons  severally  qualified  as  above,  shall,  upon 

application  to  the  Register  of  the  proper  land  office,  have  the  right 
to  enter,  by  legal  subdivisions,  any  quantity  of  vacant  coal  lands  of 
the  United  States  not  otherwise  appropriated  or  reserved  by  com- 
petent authority  not  exceeding  one  hundred  and  sixty  acres  to 
such  individual  person,  or  three  hundred  and  twenty  acres  to  such 
association,  upon  payment  to  the  Receiver  of  not  less  than  ten 
dollars  per  acre  for  such  lands  where  the  same  shall  be  situated 
more  than  fifteen  miles  from  any  completed  railroad,  and  not  less 
than  twenty  dollars  per  acre  for  such  lands  as  shall  be  within 
fifteen  miles  of  such  road. 

Sec.  2348.  Any  person  or  association  of  persons  severally  quali- 
fied, as  above  provided,  who  have  opened  and 
PI>ove(i'  or  sna^  hereafter  open  and  improve,  any 
coal  mine  or  mines  upon  the  public  lands,  and  shall 
be  in  actual  possession  of  the  same,  shall  be  entitled  to  a  prefer- 
ence right  of  entry,  under  the  preceding  section,  of  the  mines  so 
opened  and  improved :  Provided,  That  when  any  association  of  not 
less  than  four  persons,  severally  qualified  as  above  provided,  shall 
have  expended  not  less  than  five  thousand  dollars  in  working  and 
improving  any  such  mine  or  mines,  such  association  may  enter  not 
exceeding  six  hundred  and  forty  acres,  including  such  mining 
improvements. 


173 

Sec.  2349.  All  claims  under  the  preceding  section  must  be  pre- 
sented to  the  Register  of  the  proper  land  district 
within  sixty  days  after  the  date  of  actual  posses- 
sion  and  the  commencement  of  improvements 
the  land,  by  the  filing  of  a  declaratory  statement 
therefor;  but  when  the  township  plat  is  not  on  file  at  the  date  of 
such  improvement,  filing  must  be  made  within  sixty  days  from  the 
receipt  of  such  plat  at  the  district  office;  and  where  the  improve- 
ments shall  have  been  made  prior  to  the  expiration  of  three  months 
from  the  third  day  of  March,  eighteen  hundred  and  seventy-three, 
sixty  days  from  the  expiration  of  such  three  months  shall  be  allowed 
for  the  filing  of  a  declaratory  statement,  and  no  sale  under  the 
provisions  of  this  section  shall  be  allowed  until  the  expiration  of 
six  months  from  the  third  day  of  March,  eighteen  hundred  and 
seventy-three. 

Sec.  2350.  The  three  preceding  sections  shall  be  held  to  author- 
ize only  one  entry  by  the  same  person  or  association 
of  persons;  and  no  association  of  persons  any  me 
ber  of  which  shall  have  taken  the  benefit  of  such 
sections,  either  as  an  individual  or  as  a  member  of  any  other  asso- 
ciation, shall  enter  or  hold  any  other  lands  under  the  provisions 
thereof;  and  no  member  of  any  association  which  shall  have  taken 
the  benefit  of  such  sections  shall  enter  or  hold  any  other  lands  under 
their  provisions ;  and  all  persons  claiming  under  section  twenty- 
three  hundred  and  forty-eight  shall  be  required  to  prove  their 
respective  rights  and  pay  for  the  lands  filed  upon  within  one  year 
from  the  time  prescribed  for  filing  their  respective  claims;  and 
upon  failure  to  file  the  proper  notice,  or  to  pay  for  the  land  within 
the  required  period,  the  same  shall  be  subject  to  entry  by  any  other 
qualified  applicant. 

Sec.  2351.  In  case  of  conflicting  claims  upon  coal-lands  where 
the  improvements  shall  be  commenced,  after  the 
third  day  of  March,  eighteen  hundred  and  seventy-  [b^Gsict^s  clalm> 
three,  priority  of  possession  and  improvement,  fol- 
lowed by  proper  filing  and  continued  good  faith,  shall  determine  the 
preference-right  to  purchase.  And  also  where  improvements  have 
already  been  made  prior  to  the  third  day  of  March,  eighteen  hun- 
dred and  seventy-three,  division  of  the  land  claimed  may  be  made 
by  legal  subdivisions,  to  include,  as  near  as  may  be,  the  valuable 
improvements  of  the  respective  parties.  The  Commissioner  of  the 
General  Land  Office  is  authorized  to  issue  all  needful  rules  and 
regulations  for  carrying  into  effect  the  provisions  of  this  and  the 
four  preceding  sections. 

Sec.  2352.     Nothing  in  the  five  preceding  sections  shall  be  con- 
strued to  destroy  or  impair  any  rights  which  may 
have   attached  prior  to   the   third   day   of   March,  /jjj***^8.   reserved 
eighteen  hundred  and  seventy-three,  or  to  authorize 
the  sale  of  lands  valuable  for  mines  of  gold,  silver,  or  copper. 

RULES  AND  REGULATIONS. 

1.  The  sale  of  coal  lands  is  provided  for — 

(a)  By  ordinary  cash  entry  under  section  2347; 

(b)  By    cash    entry    under    a    preference    right    to    purchase 
acquired  by  compliance  with  the  provisions  of  section  2348. 

2.  Coal  lands  may  be  entered  only  after  survey  and  by  legal 


174 

subdivisions.  The  lands  must  be  vacant  and  unappropriated  and 
must  contain  workable  deposits  of  coal  and  must  not  be  valuable 
for  mines  of  gold,  silver,  or  copper.  Lands  containing  lignites  are 
included  under  the  term  "coal  lands." 

3.  Entry  by  an  individual  may  be  made  only  by  a  person  above 
the  age  of  21  years  who  is  a  citizen  of  the  United  States  or  has 
declared  his  intention  to  become  such,  and  shall  not  embrace  more 
than  160  acres.     Entry  by  an  association  of  persons  may  embrace 
320  acres,  but  each  person  composing  the  association  must  be  quali- 
fied as  in  the  case  of  an  individual  entryman.     A  corporation  is 
held  to  be  an  association  under  the  provisions  of  the  coal-land  law. 

4.  "When  an  association  of  not  less  than  four  persons,  severally 
qualified  as  required  in  the  case  of  an  individual  entryman,  shall 
have  expended  not  less  than  $5,000  in  working  and  improving  a 
mine  or  mines  of  coal  upon  the  public  lands,  such  association  may 
enter  not  exceeding  640  acres,  including  such  mining  improvements. 

5.  But  one  entry  of  coal  lands  by  any  person  or  association  of 
persons  is  allowed  by  the  law.     No  person  who,  and  no  association 
any  member  of  which,  either  as  an  individual  or  as  a  member  of  an 
association,  shall  have  had  the  benefits  of  the  law  may  enter  or  hold 
any  other  coal  lands  thereunder.     The  right  so  to  enter  or  hold  is 
exhausted  whether  an  entry  embraces  in  any  instance  the  maximum 
area  allowed  by  the  law  or  less ;  also  by  the  acquisition  of  a  prefer- 
ence right  of  entry  unless  sufficient   cause  for  the  abandonment 
thereof  is  shown.     Assignment  of  a  preference  right  of  entry  under 
section  2348,  Revised  Statutes,  will  not  hereafter  be  recognized. 

6.  Information  will  be  furnished  registers  and  receivers  by  the 
Commissioner  of  the  General  Land  Office  of  the  price  at  which  all 
coal  lands  in  their  respective  districts  will  be  offered.     The  local 
land  officers  will  from  time  to  time  be  furnished  with  schedules  and 
maps  (1)  showing  lands  known  to  lie  without  ascertained  coal  areas 
and  open  to  entry  under  the  general  land  laws,  according  to  the 
character  of  each  particular  tract;    (2)   showing  lands  known  to 
contain  workable  deposits  of  coal,  whereon  prices  will  be  fixed  upon 
information  derived  from  field  examination;  and  (3)  showing  lands 
containing  coal  of  such  character  as  may,  from  their  location  at  a 
distance  from  transportation  lines,  be  sold  at  the  minimum  price 
fixed  by  the  statute  as  hereinafter  stated. 

Local  land  officers  will  allow  coal  entries  for  lands  in  the  first 
and  third  classes  at  the  minimum  price  fixed  by  the  statute,  and 
for  those  in  the  second  class  at  the  prices  stated  in  the  schedules 
and  maps  furnished  them.  Lands  listed  in  classes  2  and  3  are  sub- 
ject to  entry  under  the  coal-land  laws  only,  unless  shown  by  the 
applicant  to  be  of  such  character  as  to  be  subject  to  entry  under 
some  other  law.  For  those  lands  listed  as  of  the  first  and  third 
classes  (when  entered  under  the  coal-land  laws)  the  price  is  not 
less  than  $10  per  acre  when  situated  more  than  15  miles  from  a 
completed  railroad  and  $20  when  situated  within  15  miles  of  a  com- 
pleted railroad;  and  where  the  lands  lie  partly  without  such  limit, 
the  higher  price  must  be  paid  for  each  smallest  legal  subdivision 
the  greater  part  of  which  lies  within  15  miles  of  such  railroad. 
The  term  "completed  railroad"  is  construed  to  mean  a  railroad 
actually  constructed,  equipped,  and  operating  at  the  date  of  entry. 
The  distance  is  to  be  calculated  from  the  point  on  such  railroad 


175 

nearest  the  lands  applied  for,  and  the  facts  in  each  case  must  be 
shown  by  the  affidavit  of  the  applicant,  corroborated  by  the  affidavit 
of  some  disii;te:<  led  credible  person  having  actual  knowledge 
thereof. 

7.  A  preference  right  of  entry  accrues  only  where  a  person  or 
association  of  persons,  severally  qualified,  have  opened  and  improved 
a  coal  mine  or  mines  upon  the  public  lands  and  shall  be  in  actual 
possession  thereof  and  not  by  the  filing  of  a  declaratory  statement. 
A  perfunctory  compliance  with  the  law  in  this  respect  will  not 
suffice,  but  a  mine  or  mines  of  coal  must  be  in  fact  opened  and 
improved  on  the  land  claimed. 

There  is  no  authority  under  which  a  coal  mine  upon  public 
lands,  entry  not  having  been  made,  may  be  worked  and  operated  for 
profit  and  sale  of  the  coal,  or  beyond  the  opening  and  improving  of 
the  mine  as  a  condition  precedent  to  a  preference  right  under 
section  2348  of  the  Revised  Statutes.  To  preserve  a  preference 
right  of  entry  specified  in  the  statute  the  person  or  association  of 
persons  having  acquired  the  same  must  present  to  the  register  of 
the  proper  land  district,  within  sixty  days  from  the  date  of  actual 
possession  and  commencement  of  improvements  upon  the  land,  a 
declaratory  statement  therefor  in  all  cases  where  the  township  plat 
has  been  filed.  When  the  township  plat  is  not  on  file  at  the  date 
of  such  improvement,  such  declaratory  statement  must  be  presented 
within  sixty  days  from  the  receipt  of  such  plat  at  the  district  land 
office. 

8.  After   entry  has  been  allowed   the   local   officers   have  no 
authority  to  order  a  hearing  or  make  further  determination  with 
respect  to  it,  except  upon  instructions  from  the  General  Land  Office. 
They  will,  however,  receive  all  protests  against  it  and  promptly  for- 
ward them,  together  with  a  statement  of  the  facts  shown  by  their 
records,  for  consideration  and  action. 

9.  Prior  to  entry  it  is  competent  for  the  local  officers  to  order  a 
hearing  on  sufficient  grounds  set  forth  under  oath  by  any  protestant. 

10.  When  it  is  sought  to  purchase  otherwise  than  in  the  exer- 
cise of  a  preference  right  the  party  will  himself  make  oath  to  the 
following  application,  which  must  be  presented  to  the  register : 

I, — ,  hereby  apply,  under  the  provisions  of  the  Ee- 

vised  Statutes  of  the  United  States,  relating  to  the  sale  of  coal 
lands  of  the  United  States,  to  purchase  the  -  -  quarter  of  section 

— ,  in  township  -    -  of  range ,  in  the  district  of  lands  subject 

to  sale  at  the  land  office  at  -  ,  and  containing acres;  and 

I  solemnly  swear  that  no  portion  of  said  tract  is  in  the  possession 
of  any  other  party  or  parties  who  has  or  have  commenced  improve- 
ments thereon  for  the  development  of  coal;  that  I  am  twenty-one 
years  of  age;  a  citizen  of  the  United  States  (or  have  declared  my 
intention  to  become  a  citizen  of  the  United  States),  jind  have  never 

held,  except  • or  purchased  any  lands  under  said  act,  either 

as  an  individual  or  as  a  member  of  an  association ;  that  I  make  this 
application  in  good  faith  for  my  own  benefit,  and  not,  directly  or 
indirectly,  in  whole  or  in  part,  in  behalf  of  any  other  person  or 
persons  whomsoever;  and  I  do  further  swear  that  I  am  well  ac- 
quainted with  the  character  of  said  described  land,  and  with  each 
and  every  legal  subdivision  thereof;  that  my  knowledge  of  said 
land  is  such  as  to  enable  me  to  testify  understandingly  with  regard 


thereto;  that  said  land  contains  workable  deposits  of  coal;  that 
there  is  not  to  my  knowledge  within  the  limits  thereof  any  valuable 
vein  or  lode  of  quartz  or  other  rock  in  place  bearing  gold,  silver, 
or  copper,  and  that  there  is  not  within  the  limits  of  said  land,  to 
my  knowledge,  any  valuable  deposit  of  gold,  silver,  or  copper.  So 
help  me  God. 

11.  Where  a  preference  right  of  entry  is  sought  to  be  preserved 
the  required  declaratory  statement  must  be  substantially  as  follows : 

I,  —  — ,  do  hereby  declare  my  intention  to  .purchase,  in 
the  exercise  of  a  preference  right,  under  the  provisions  of  the  Re- 
vised Statutes  of  the  United  States  relating  to  the  sale  of  the  coal 
lands  of  the  United  States,  the quarter  of  section of  town- 
ship -  -  of  range  -  — ,  in  the  district  of  the  lands  subject  to  sale 

at  the  district  land  office  at  ;  and  I  do  solemnly  swear  that 

I  am years  of  age  and  a  citizen  of  the  United  States  (or  have 

declared  my  intention  to  become  a  citizen  of  the  United  States)  ; 
that  I  have  never,  either  as  an  individual  or  as  a  member  of  an 
association,  held,  except  -  -  or  purchased  any  coal  lands  under 
the  aforesaid  provisions  of  the  Revised  Statutes ;  that  I  was  in  pos- 
session of,  and  commenced  improvements  on,  said  tract  on  the  - 
day  of  —  — ,  A.  D.  19 — ,  and  have  ever  since  remained  in  actual 
possession  continuously;  that  I  have  opened  and  improved  a  val- 
uable mine  of  coal  thereon,  and  have  expended  in  labor  and  improve- 
ments on  said  mine  the  sum  of dollars,  the  labor  and  improve- 
ments being  as  follows :  (Here  describe  the  nature  and  character  of 
the  improvements)  ;  and  I  do  furthermore  solemnly  swear  that  I  am 
well  acquainted  with  the  character  of  said  described  land  and  with 
each  and  every  legal  subdivision  thereof ;  that  my  knowledge  of  said 
land  is  such  as  to  enable  me  to  testify  understandingly  with  regard 
thereto ;  that  there  is  not,  to  my  knowledge,  within  the  limits  thereof 
any  valuable  vein  or  lode  of  quartz  or  other  rock  in  place  bearing 
gold,  silver,  or  copper,  and  that  there  is  not  within  the  limits  of  said 
land,  to  my  knowledge,  any  valuable  deposit  of  gold,  silver,  or  cop- 
per. So  help  me  God. 

12.  One  year  from  and  after  the  expiration  of  the  period  allowed 
for  filing  the  declaratory  statement  is  given  within  which  to  make 
proof  and  payment ;  but  the  local  officers  will  allow  no  party  to 
make  final  proof  and  payment  except  on  special  written  notice  to 
all  others  who  appear  on  their  records  as  claimants  to  the  same 
tract.    No  notice  will  be  given  to  parties  whose  declaratory  state- 
ments have  expired  by  limitation  under  the  law. 

13.  A  declarant  will  not  be  permitted  to  file  after  the  expira- 
tion of  the  sixty  days  allowed  nor  to  exercise  a  preference  right 
of  purpose  after  the  expiration  of  the  year. 

14.  When  it  is  sought  to  purchase,  in  the  exercise  of  a  pref- 
erence right,  the  applicant  must  himself  make  the  following  affi- 
davit, which  must  be  presented  to  the  register : 

I,  -  — ,  claiming,  under  the  provisions  of  the  revised 
Statutes  of  the  United  States  relating  to  the  sale  of  coal  lands  of 
the  United  States,  the  preference  right  to  purchase  the  -  -  quar- 
ter of  section  -  — ,  in  township  of  range ,  subject  to  sale 

at  the  district  land  office  at  -    ,  hereby  apply  to  purchase  and 

enter  the  same;  and  I  do  solemnly  swear  that  I  have  not  hitherto 
held,  except  or  purchased,  either  as  an  individual  or  as  a 


177 

member  of  an  association,  any  coal  lands  under  the  aforesaid  pro- 
visions of  the  law ;  that  I  have  expended  in  developing  coal  mines 
on  said  tract,  in  labor  and  improvements,  the  sum  of  -  -  dol- 
lars, the  nature  of  such  improvements  being  as  follows:  - 

— ;  that  I  am  now  in  the  actual  possession  of  said  mines,  and 
make  the  entry  in  good  faith  for  my  own  benefit,  and  not,  directly 
or  indirectly,  in  whole  or  in  part,  in  behalf  of  any  person  or  persons 
whomsoever ;  and  I  do  furthermore  swear  that  I  am  well  acquainted 
with  the  character  of  said  described  land,  and  with  each  and  every 
legal  subdivision  thereof;  that  my  knowledge  of  said  land  is  such 
as  to  enable  me  to  testify  understandingly  with  regard  thereto; 
that  said  land  contains  workable  deposits  of  coal ;  that  there  is  not, 
to  my  knowledge,  within  the  limits  thereof  any  valuable  vein  or 
lode  of  quartz  or  other  rock  in  place  bearing  gold,  silver,  or  cop- 
per, and  that  there  is  not  within  the  limits  of  said  land,  to  my 
knowledge,  any  valuable  deposits  of  gold,  silver,  or  copper.  So 
help  me  God. 

15.  Where  purchase  and  entry,  whether  in  the  exercise  of  a  , 
preference  right  or  otherwise,  is  made  by  an  association,  each  mem- 
ber thereof  must  subscribe  and  swear  to  the  application  or  affidavit, 
the  necessary  changes  being  made  to  cover  the  joint  possession  and 
expenditure  and  the  purchase  and  entry  in  their  joint  interests. 

16.  Each  application,  declaratory  statement,  and  affidavit,  forms 
whereof  are  given  above,  must  be  verified  before  the  register  or  ' 
receiver  or  some  officer  authorized  by  law  to  administer  oaths  in 
the  land  district  wherein  the  lands  involved  are  situate.     (Amend- 
ment of  Apr.  29,  1908.) 

17.  Upon  the  filing  of  an  application  to  purchase  coal  lands 
under  the  provisions  of  paragraphs  10  or  14  the  applicant  will  be 
required,  at  his  own  expense,  to  publish  a  notice  of  said  application 
in  a  newspaper  nearest  the  lands,  to  be  designated  by  the  register, 
for  a  period  of  thirty  days,  during  which  time  a  similar  notice  must 
be  posted  in  the  local  land  office  and  in  a  conspicuous  place  on  the 
land.     The  notice  should  describe  the  land  applied  for  and  state 
that  the  purpose  thereof  is  to  allow  all  persons  claiming  the  land 
applied  for,  or  desiring  to  show  that  the  applicant's  coal  entry 
should  not  be  allowed  for  any  reason,  an  opportunity  to  file  objec- 
tions with  the  local  land  officers. 

Publication  must  be  made  sufficiently  in  advance  to  permit  entry 
within  the  year  specified  by  the  statute. 

18.  After  the  thirty  day  period  of  newspaper  publication  has 
expired,  the  claimant  will  furnish  from  the  office  of  publication  a 
sworn    statement    (including  an   attached   copy    of   the   publishril 
notice)  that  the  notice  was  published  for  the  required  period,  giv- 
ing the  first  and  last  date  of  such  publication,  and  his  own  affidavit, 
or  that  of  some  credible  person  having  personal  knowledge  of  the 
fact,   showing   that   the   notice   aforesaid   remained    conspicuously" 
posted  upon  the  land  sought  to  be  patented  during  said  thirty  days 
publication,  giving  the  dates.    The  register  shall  certify  to  the  fa<-t 
that  the  notice  was  posted  in  his  office  for  the  full  period  of  thirty 
days,  the  certificate  to  state  distinctly  when  such  posting  was  done 
and  how  long  continued,  giving  the  dates.    In  no  case  shall  entry 
be  allowed  until  the  proofs  specified  have  been  filed. 

The    claimant   will  be   required   within  thirty   days  after  the 


178 

expiration  of  the  period  of  newspaper  publication  to  furnish  the 
proofs  specified  in  said  paragraph  and  tender  the  purchase  price  of 
the  land.  Should  the  specified  proofs  and  purchase  price  be  not 
furnished  and  tendered  within  this  time,  the  local  land  officers  will 
thereupon  reject  the  application,  subject  to  appeal.  Furthermore,  in 
the  exercise  of  a  preference  right  to  purchase,  no  part  of  the  thirty- 
day  period  specified  herein  may  extend  beyond  the  year  fixed  by 
the  statute.  (Amendment  of  Nov.  30,  1907.) 

19.  Of  the  following  forms,  the  one  appropriate  to  the  sections 
of  the  Revised  Statutes  under  which  application  is  made  should  be 
used  for  publication  of  all  notices  of  application  to  enter  coal  lands : 

4-365. 
Notice  for  Publication.     Coal  Entry.     (Section  2347,  B.  S.) 

Land  Office. 

,19.... 

Notice  is  hereby  given  that   ,  of    ,  County  of   , 

State  of  ,  has  this  day  filed  in  this  office  his  application  to  purchase, 

under  the  provisions  of  Section  2347,  U.  S.  Kevised  Statutes,  the    of 

Section  No.  . .,  Township  No.   ..,  Range  No 

Any  and  all  persons  claiming  adversely  the  lands  described,  or  desiring  to 
object  for  any  reason  to  the  entry  thereof  by  the  applicant,  should  file  their 
affidavits  of  protest  in  this  office  during  the  thirty-day  period  of  publication 
immediately  following  the  first  printed  issue  of  this  notice,  otherwise  the 
application  may  be  allowed. 

,  Register. 

4-366. 

Notice  for  Publication.     Coal  Entry.     (Sees.  2348-52,  E.  S.) 
Land  Office. 

,  19-... 

Notice  is  hereby  given  that   ,  of    ,   County  of    , 

State  of ,  who,  on  the day  of ,  19. .,  filed  in  this  office  his 

coal  declaratory  statement  for  the of  Section  No.  ..,  Township  No.   .., 

Range  No.  .  .,  has  this  day  filed  in  this  office  his  application  to  purchase  said 
land  under  the  provisions  of  Sections  2348  to  2352,  U.  S.  Revised  Statutes. 

Any  and  all  persons  claiming  adversely  the  lands  described,  or  desiring  to 
object  for  any  reason  to  the  entry  thereof  by  the  applicant,  should  file  their 
affidavits  of  protest  in  this  office  during  the  thirty-day  period  of  publication 
immediately  following  the  first  printed  issue  of  this  notice. 

,  Register. 

20.  When  it  is  sought  to  purchase,  either  by  ordinary  cash 
entry  or  in  the  exercise  of  a  preference  right,  the  register,  if  he 
finds  the  tract  applied  for  is  vacant,  surveyed,  and  unappropriated, 
and  that  the  claimant  has  complied  with  all  the  laws  and  regulations 
relating  to  the   acquisition   of  coal   lands,   will   so   certify  to   the 
n •reiver,  stating  the  prescribed  purchase  price,  and  the  applicant 
must  then  pay  the  same. 

21.  The  receiver  will  then  issue  to  the  purchaser  a  duplicate 
receipt,  and  at  the  close  of  the  month  the  register  and  receiver  will 
make  returns  of  the  sale  to  the  General  Land  Office,  whence,  if  the 
proceedings  are  found  to  be  regular,  a  patent  will  be  issued ;  and  on 
surrender  of  the  duplicate  receipt  such  patent  will  be  delivered,  at 
the  option  of  the  patentee,  either  by  the  Commissioner  at  Washing- 
ton or  by  the  register  at  the  district  land  office. 

22.  An  application  for  cash  entry  will  be  subject  to  any  valid 
adverse  right  which  may  have  attached  to  the  same  land  pursuant 
to  section  2348,  Revised  Statutes. 

23.  Qualified  persons  or  associations  who  are  lawfully  in  pos- 


179 

session  of  tracts  of  coal  lands  which  are  still  unsurveyed  may,  under 
sections  2401,  2402,  and  2403,  Revised  Statutes,  as  amended  by  the 
Act  of  August  20,  1894,  apply  to  the  Surveyor-General  for  the  sur- 
vey of  the  township  or  townships,  or  portions  thereof,  embracing 
the  lands  claimed,  to  be  specified  as  nearly  as  practicable.  Each 
such  application  must  be  accompanied  by  the  affidavit  of  the  appli- 
cant or  applicants,  duly  corroborated  by  at  least  two  competent 
persons,  setting  forth  the  qualifications  of  the  former  as  claimant 
or  claimants  of  the  land,  the  facts  constituting  their  possession,  the 
character  of  the  land,  and  such  other  facts  in  the  case  as  are  essen- 
tial in  that  connection.  If  the  Surveyor-General  approves  the  appli- 
cation he  will  thereupon  transmit  it  to  the  General  Land  Office  with 
the  affidavits  and  his  report. 

24.  The  "Rules  of  practice  in  cases  before  the  United  States 
district  land  offices,  the  General  Land  Office,  and  the  Department 
of  the  Interior"  will,  as  far  as  applicable,  govern  all  cases  and  pro- 
ceedings arising  under  the  statutes  providing  for  the  sale  of  coal 
lands. 

25.  Local  officers  will  report  at  the  close  of  each  month  as 
"sales  of  coal  lands"  all  filings  and  entries  in  separate  abstracts, 
commencing  with  No.  1  and  thereafter  proceeding  consecutively  in 
the  order  of  their  reception.    Where  a  series  of  numbers  has  already 
been  commenced  by  sale  of  coal  lands  they  will  continue  the  same 
without  change. 

PART  II. 

COAL  LANDS  IN  ALASKA. 

[Act  June  6,  1900  (31  Stat.,  658.)] 
An  Act  to  Extend  the  Coal-land  Laws  to  the  District  of  Alaska. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  so  much 
of  the  public-land  laws  of  the  United  States  are  hereby  extended 
to  the  district  of  Alaska  as  relate  to  coal  lands,  namely,  sections 
twenty-three  hundred  and  forty-seven  to  twenty-three  hundred  and 
fifty-two,  inclusive,  of  the  Revised  Statutes. 

[Act  April  28,  1904  (33  Stat.,  525.)] 

An  Act  to  Amend  an  Act  Entitled  "An  Act  to  Extend  the  Coal-land-laws  to 
the  District  of  Alaska, ' '  Approved  June  Sixth,  Nineteen  Hundred. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  any  per- 
son or  association  of  persons  qualified  to  make  an  entry  under  the 
coal-land  laws  of  the  United  States,  who  shall  have  opened  or 
improved  a  coal  mine  or  coal  mines  on  any  of  the  unsurveyed  public 
lands  of  the  United  States  in  the  district  of  Alaska,  may  locate 
the  lands  upon  which  such  mine  or  mines  are  situated,  in  rectangular 
tracts  containing  forty,  eighty,  or  one  hundred  and  sixty  acres,  with 
north  and  south  boundary  lines  run  according  to  the  true  meridian, 
by  marking  the  four  corners  thereof  with  permanent  monuments, 
so  that  the  boundaries  thereof  may  be  readily  and  easily  traced. 
And  all  such  locators  shall,  within  one  year  from  the  passage  of  this 
Act,  or  within  one  year  from  making  such  location,  file  for  record 
in  the  recording  district,  and  with  the  register  and  receiver  of  the 
land  district  in  which  the  lands  are  located  or  situated,  a  notice 
containing  the  name  or  names  of  the  locator  or  locators,  the  date 
of  the  location,  the  description  of  the  lands  located,  and  a  refer- 


180 

ence  to  such  natural  objects  or  permanent  monuments  as  will  readily 
identify  the  same. 

Sec.  2.  That  such  locator  or  locators,  or  their  assigns,  who 
are  citizens  of  the  United  States,  shall  receive  a  patent  to  the  lands 
located  by  presenting,  at  any  time  within  three  years  from  the  date 
of  such  notice,  to  the  register  and  receiver  of  the  land  district  in 
which  the  lands  so  located  are  situated  an  application  therefor, 
accompanied  by  a  certified  copy  of  a  plat  of  survey  and  field  notes 
thereof,  made  by  a  United  States  deputy  surveyor  or  a  United 
States  mineral  surveyor  duly  approved  by  the  Surveyor-General 
for  the  district  of  Alaska,  and  a  payment  of  the  sum  of  ten  dollars 
per  acre  for  the  lands  applied  for;  but  no  such  application  shall  be 
allowed  until  after  the  applicant  has  caused  a  notice  of  the  pre- 
sentation thereof,  embracing  a  description  of  the  lands,  to  have 
been  published  in  a  newspaper  in  the  district  of  Alaska  published 
nearest  the  location  of  the  premises  for  a  period  of  sixty  days,  and 
shall  have  caused  copies  of  such  notice,  together  with  a  certified 
copy  of  the  official  plat  of  survey,  to  have  been  kept  posted  in  a 
conspicuous  place  upon  the  land  applied  for  and  in  the  land  office 
for  the  district  in  which  the  lands  are  located  for  a  like  period, 
and  until  after  he  shall  have  furnished  proof  of  such  publication 
and  posting,  and  such  other  proof  as  is  required  by  the  coal-land 
laws:  Provided,  That  nothing  herein  contained  shall  be  so  con- 
strued as  to  authorize  entries  to  be  made  or  title  to  be  acquired  to 
the  shore  of  any  navigable  waters  within  said  district. 

Sec.  3.  That  during  such  period  of  posting  and  publication,  or 
within  six  months  thereafter,  any  person  or  association  of  persons 
having  or  asserting  any  adverse  interest  or  claim  to  the  tract  of 
land  or  any  part  thereof  sought  to  be  purchased  shall  file  in  the 
land  office  where  such  application  is  pending,  under  oath,  an  adverse 
claim,  setting  forth  the  nature  and  extent  thereof,  and  such  adverse 
claimant  shall,  within  sixty  days  after  the  filing  of  such  adverse 
claim,  begin  an  action  to  quiet  title  in  a  court  of  competent  juris- 
diction within  the  district  of  Alaska,  and  thereafter  no  patent  shall 
issue  for  such  claim  until  the  final  adjudication  of  the  rights  of  the 
parties,  and  such  patent  shall  then  be  issued  in  conformity  with 
the  final  decree  of  such  court  therein. 

Sec.  4.  That  all  the  provisions  of  the  coal-land  laws  of  the 
United  States  not  in  conflict  with  the  provisions  of  this  Act  shall 
continue  and  be  in  full  force  in  the  district  of  Alaska. 

RULES  AND  REGULATIONS. 

1.  Persons  or  associations  of  persons  locating  or  entering  coal 
lands  in  the  district  of  Alaska  under  the  provisions  of  the  Act  of 
April  28,  1904  (33  Stat.  L.,  525),  amendatory  of  the  Act  of  June 
6,  1900  (31  Stat.  L.,  330),  are  required  to  possess  the  qualifications 
of  persons  or  associations  making  entry  under  the  general  coal-land 
laws  of  the  United  States,  and  are  subject  to  the  same  limitations. 

2.  The  lands  must  be  vacant  and  unappropriated,  and  must  con- 
tain deposits  of  coal,  and  must  not  be  valuable  for  mines  of  gold, 
silver,  or  copper.     Lands  containing  lignites  are  included  under 
the  term  "coal  lands." 

3.  Entry  by  an  individual  may  be  made  only  by  a  person  above 
the  age  of  21  years,  who  is  a  citizen  of  the  United  States,  and  shall 


181 

not  embrace  more  than  160  acres.  Entry  by  an  association  of  per- 
sons may  embrace  320  acres,  but  each  person  composing  the  associa- 
tion must  be  qualified  as  in  the  case  of  an  individual  entryman.  A 
corporation  is  held  to  be  an  association  under  the  provisions  of  the 
coal-land  law. 

4.  When  an  association  of  not  less  than  four  persons,  severally 
qualified  as  required  in  the  case  of  an  individual  entryman,  shall 
have  expended  not  less  than  $5,000  in  working  and  improving  a 
mine  or  mines  of  coal  upon  the  public  lands,  such  association  may 
enter  not  exceeding  640  acres,  including  such  mining  improvements. 

5.  But  one  entry  of  coal  lands  by  any  person  or  association  of 
persons  is  allowed  by  the  law.    No  person  who,  and  no  association 
any  member  of  which,  either  as  an  individual  or  as  a  member  of  an 
association,  shall  have  had  the  benefits  of  the  law  may  enter  or  hold 
other  coal  lands  thereunder.     The  right  so  to  enter  or  hold  is  ex- 
hausted, whether  an  entry  embraces  in  any  instances  the  maximum 
area  allowed  by  the  law  or  less. 

6.  There  is  no  authority  under  which  a  coal  mine  upon  public 
lands,  entry  not  having  been  made,  may  be  worked  and  operated  for 
profit  and  sale  of  the  coal,  or  beyond  the  opening  and  improving  of 
the  mine  as  a  condition  precedent  to  the  right  to  apply  for  patent. 

1.  The  requirement  of  the  statute  with  respect  to  the  form  of 
the  tract  sought  to  be  entered  is  construed  to  mean  that  the  bound- 
ary lines  of  each  entry  must  be  run  in  cardinal  directions,  i.  e.,  due 
north  and  south  and  east  and  west  lines,  by  reference  to  a  true 
meridian  (not  magnetic),  with  the  exception  of  meander  lines  on 
meanderable  streams  and  navigable  waters  forming  a  part  of  the 
boundary  lines  of  a  location.  Those  meander  lines  which  form  part 
of  the  boundary  of  a  claim  will  be  run  according  to  the  directions*  in 
the  Manual  of  Surveying  Instructions,  but  other  boundary  lines 
will  be  run  in  true  east  and  west  and  north  and  south  directions, 
thus  forming  rectangles,  except  at  intersections  with  meandered 
lines. 

8.  The  permanent  monuments  to  be  placed  at  each  of  the  four 
corners  of  the  tract  located  may  consist  of — 

First.  A  stone  at  least  24  inches  long,  set  12  inches  in  the 
ground,  with  a  conical  mound  of  stone  l1/^  feet  high,  2  feet  base, 
alongside. 

Second.  A  post  at  least  3  feet  long  by  4  inches  square,  set  18 
inches  in  the  ground,  and  surrounded  by  a  substantial  mound  of 
stone  or  earth. 

Third.  A  rock  in  place;  and,  whenever  possible,  the  identity 
of  all  corners  should  be  perpetuated  by  taking  courses  and  distances 
to  bearing  trees,  rocks,  or  other  objects,  permanent  objects  being 
selected  for  bearings  whenever  possible. 

9.  It  is  further  provided  by  the  first  section  of  the  act  that 
within  one  year  from  the  date  of  the  passage  of  the  act  or  within 
one  year  from  making  the  location  there  shall  be  filed  for  record 
in  the  recording  district  and  with  the  register  and  receiver  of  the 
land  district  in  which  the  land  is  situated  a  notice  containing  the 
name  or  names  of  the  locator  or  locators,  the  date  of  the  location, 
the  description  of  the  lands  located,  and  a  reference  to  such  natural 
objects  or  permanent  monuments  as  will  readily  identify  the  same. 
In  other  words,  the  notice  should  contain  a  complete  description  in 


182 

every  particular  of  the  claim  as  it  is  marked  and  montimented  upon 
the  ground. 

10.  By  the  second  section  of  the  act  the  locator  or  his  assigns 
is  allowed  three  years  from  the  date  of  filing  the  notice  prescribed 
in  the  first  section  of  the  act  within  which  to  file  an  application 
with  the  local  land  officers  for  a  patent  for  the  land  claimed.     It 
will  thus  be  seen  that  persons  or  associations  of  persons  claiming 
coal  lands  in  that  district  at  the  date  of  the  passage  of  the  act 
have  four  years  from  location  or  from  the  date  of  the  act  within 
which  to  present  their  applications  for  patent. 

11.  Persons  or  associations  of  persons  who  fail  to  record  their 
notices  within  the  time  prescribed  by  the  first  section  of  the  act,  or 
fail  to  file  application  for  patent  in  the  time  prescribed  by  the  sec- 
ond section,  forfeit  their  rights  to  the  particular  tract  located. 

12.  With  the  application  for  patent  the  claimant  must  file  a 
certified  copy  of  the  plat  of  survey  and  field  notes  thereof  made  by 
a  United  States  deputy  surveyor  or  a  United  States  mineral  sur- 
veyor, duly  approved  by  the  Surveyor-General  of  the  district  of 
Alaska.     Under  this  clause  of  the  act  it  will  be  allowable  for  the 
claimant,  at  his  own  expense,  to  procure  the  making  of  a  survey 
by  one  of  the  officials  mentioned  without  first  making  application 
to  the  Surveyor-General,  but  the  survey  when  made  is  to  be  sub- 
mitted to  and  approved  by  the  Surveyor-General  and  by  him  num- 
bered serially. 

13.  The  survey  must  be  made  in  strict  conformity  with  or  be 
embraced  within  the  lines  of  the  location  as  appears  from  the  rec- 
ord thereof  with  the  recorder  in  the  recording  district,  and  must  be 
made  in  according  with  the  regulations  relative  to  lode  and  placer 
mining  claims  so  far  as  they  are  applicable. 

14.  Upon  the  presentation  of  an  application  for  patent,  if  no 
reason  appears  for  rejecting  it,  it  will  be  received  by  the  register 
and  receiver  and  the  claimant  required  to  publish  a  notice  thereof 
for  the  period  of  sixty  days  in  a  newspaper  in  the  district  of  Alaska 
published  nearest  the  location  of  the  particular  lands,  and  to  cause 
a  copy  thereof,  together  with  a  certified  copy  of  the  official  plat  of 
survey,  to  be  posted  and  remain  posted  throughout  the  period  of 
publication  in  a  conspicuous  place  upon  the  land  applied  for,  and 
the  register  will  post  a  copy  of  such  notice  and  official  plat  in  his 
office  for  the  same  period.     When  the  notice  is  published  in  a  weekly 
newspaper  nine  consecutive  insertions  are  necessary;  when  in   a 
daily  newspaper,  the  notice  must  appear  in  each  issue  for  sixty-one 
consecutive  issues.     In  both  cases  the  first  day  of  issue  must  be 
excluded  in  estimating  the  period  of  sixty  days. 

15.  The  notice  so  published  must  embrace  all  the  data  given  in 
the  notice  posted  upon  the  claim  and  in  the  local  land  office.     In 
addition  to  such  data,  the  published  notice  must  further  indicate  the 
locus  of  the  claim  by  giving  the  connecting  line,  as  shown  by  the 
field  notes  and  plat,  between  a  corner  of  the  claim  and  a  United 
States  mineral  monument  or  a  corner  of  the  public  survey,  if  there 
is  one,  and  fix  the  boundaries  of  the  claim  by  courses  and  distances. 

The  publication  in  the  newspaper  and  the  posting  upon  the  land 
and  in  the  local  land  office  must  cover  the  same  period  of  time. 

16.  Upon  the  expiration  of  the  sixty-day  period  prescribed  the 


183 

claimant  may  file  in  the  local  land  office  a  sworn  statement  from  the 
office  of  publication,  to  which  shall  be  attached  a  copy  of  the  notice 
published,  to  the  effect  that  the  notice  was  published  for  the  statu- 
tory period,  giving  the  first  and  last  day  of  such  publication,  and 
his  own  affidavit  showing  that  the  plat  and  notice  aforesaid  remained 
conspicuously  posted  upon  the  claim  sought  to  be  patented  during 
the  sixty-day  period  of  publication,  giving  the  dates.  The  register 
will  also  file  with  the  record  a  certificate  showing  that  the  notice 
and  plat  were  posted  in  his  office  for  the  full  period  of  sixty  days, 
such  certificate  to  state  distinctly  when  such  posting  was  done  and 
how  long  continued. 

Not  earlier  than  six  months  after  the  expiration  of  the  period  of 
publication,  if  no  objections  are  interposed  or  adverse  claim  filed, 
entry  may  be  allowed  upon  payment  of  the  price  per  acre  specified 
by  the  act,  which  is  $10  per  acre  in  all  cases. 

17.  The  proviso  to  the  second  section  of  the  act  is  as  follows : 
That  nothing  herein  contained  shall  be  so  construed  as  to  author- 
ize entries  to  be  made  or  title  to  be  acquired  to  the  shore  of  any 
navigable  waters  within  said  district. 

The  term  "shore"  is  defined  to  mean  the  land  lying  between 
high  and  low  water  marks  of  any  navigable  waters  within  said 
district. 

18.  Section  3  provides  for  the  assertion  by  any  person  or  asso- 
ciation  of  persons   of  an   adverse   claim,   and  requires  that  such 
adverse  claim  shall  be  filed  during  the  period  of  posting  and  publi- 
cation or  within  six  months  thereafter ;  that  it  shall  be  under  oath, 
and  set  forth  the  nature  and  extent  thereof. 

19.  An  adverse  claim  may  be  verified  by  the  oath  of  the  adverse 
claimant  or  by  the  oath  of  any  duly  authorized  agent  or  attorney 
in  fact  of  the  adverse  claimant  cognizant  of  the  facts  stated,  and 
when  verified  by  such  agent  or  attorney  in  fact  he  must  distinctly 
swear  that  he  is  such  agent  or  attorney  in  fact  and  accompany  his 
affidavit  by  proof  thereof.     The  adverse  claimant  should  set  forth 
fully  the  nature  and  extent  of  the  interference  or  conflict  by  filing 
with  his  adverse  claim  a  plat  showing  his  entire  claim  and  its  sit- 
uation or  position  with  relation  to  the  one  against  which  he  claims ; 
whether  he  claims  as  a  purchaser  for  valuable  consideration  or  as  a 
locator;  if  the  former,  a  certified  copy  of  the  original  location,  the 
original  conveyance  or  duly  certified  copy  thereof,  or  an  abstract  of 
title  from  the  office  of  the  proper  recorder  should  be  furnished,  or, 
if  the  transaction  was  a  merely  verbal  one,  he  will  narrate  the  cir- 
cumstances attending  the  purchase,  the  date  thereof,  and  amount 
paid,  which  facts  will  be  supported  by  the  affidavits  of  one  or  more 
witnesses,  if  any  were  present  at  the  time;  and  if  he  claims  as 
locator,  he  must  file  a  duly  certified  copy  of  the  location  notice  from 
the  office  of  the  proper  recorder  and  his  affidavit  of  continued 
ownership. 

20.  Upon  the  filing  of  such  adverse  claim  within  the  sixty  days 
period  of  posting  and  publication,  or  within  six  months  thereafter, 
the  party  who  files  the  adverse  claim  shall,  under  the  act,  within 
sixty  days  after  the  filing  of  such  adverse  claim,  begin  an  action  to 
quiet  title  in  a  court  of  competent  jurisdiction  within  the  district  of 
Alaska. 


184 

21.  All  papers  filed  should  have  indorsed  upon  them  the  precise 
date  of  filing;  and  upon  the  filing  of  an  adverse  claim  within  the 
time  prescribed  by  the  statute  all  proceedings  on  the  application  for 
patent  will  be  suspended,  with  the  exception  of  the  completion  of 
the  publication  and  posting  of  notice  and  plat  and  filing  the  neces- 
sary proof  thereof,  until  final  adjudication  of  the  rights  of  the 
parties.     In  cases  of  final  judgment  rendered  the  party  entitled 
under  the  decree  must,  before  he  is  allowed  to  make  entry,  file  a 
certified  copy  thereof. 

22.  Where  such  suit  has  been  dismissed  a  certificate  of  the  clerk 
of  the  court  to  that  effect  or  a  certified  copy  of  the  order  of  dis- 
missal will  be  sufficient.     Where  no  suit  has  been  commenced  against 
the  application  for  patent  within  the  statutory  period,  a  certificate 
to  that  effect  by  the  clerk  of  the  Territorial  court  having  jurisdic- 
tion will  be  required. 

23.  In  connection  with  the  foregoing,  it  is  to  be  borne  in  mind 
that  by  section  4  of  the  act  it  is  declared : 

That  all  the  provisions  of  the  coal-land  laws  of  the  United  States 
not  in  conflict  with  the  provisions  of  this  Act  shall  continue  and  be 
in  full  force  in  the  district  of  Alaska. 

24.  An  assignment  to  a  qualified  person  of  a  preference  right  of 
entry  under  the  Act  of  April  28,  1904,  will  be  recognized  when  prop- 
erly executed.     Proof  and  payment  by  the  assignee  must  be  made, 
however,  in  the  same  manner  and  within  the  same  time  as  though 
there  had  been  no  assignment. 

25.  The  following  forms  for  notice  of  location  and  application 
for  patent  should  be  used : 

NOTICE  OF  LOCATION. 

I,  -  — ,  of  -       — ,  having  on  the day  of — , 

19 — ,  opened  and  improved  a  coal  mine  on  the  following-described 
tract  (here  describe  the  lands  by  metes  and  bounds  in  rectangular 
form  with  north  and  south  boundary  lines  run  according  to  the  true 
meridian,  and  a  reference  to  such  natural  or  permanent  objects  as 
will  readily  identify  the  same),  do  hereby  locate  the  same  as  pro- 
vided by  the  Alaska  coal-land  Act  of  April  28,  1904  (33  Stats.,  525)  ; 
and  I  do  solemnly  swear  that  I  am  a  citizen  of  the  United  States  (or 
have  declared  my  intention  to  become  a  citizen  of  the  United  States)  ; 
that  I  am  over  the  age  of  21  years;  that  I  have  never  either  as  an 

individual  or  as  a  member  of  an  association  held,  except ,  or 

purchased  any  coal  lands  of  the  United  States ;  that  I  have  remained 
in  actual  possession  of  said  land  continuously  since  the  -  -  day 
of  -  — ,  19 — ;  that  I  have  expended  in  labor  and  improvements  on 
said  mine  the  sum  of  -  -  dollars,  the  labor  and  improvement 
being  as  follows  (here  describe  the  nature  and  character  of  such 
improvements)  ;  and  I  do  furthermore  solemnly  swear  that  I  am 
well  acquainted  with  the  character  of  said  described  lands  and  with 
each  and  every  portion  thereof;  that  my  knowledge  of  said  lands 
is  such  as  to  enable  me  to  testify  understandingly  with  regard 
thereto ;  that  there  is  not,  to  my  knowledge,  within  the  limits  thereof 
any  valuable  vein  or  lode  of  quartz  or  other  rock  in  place  bearing 
gold,  silver,  copper,  or  other  valuable  minerals,  and  that  there  is  not 
within  the  limits  of  said  land,  to  my  knowledge,  any  valuable 


185 

deposits  of  gold,  silver,  or  copper  or  other  minerals.     So  help  me 
God. 


Dated ,  19—. 

(Jurat.) 


APPLICATION  FOR  PATEXT. 


I, ,  claiming  under  the  provisions  of  the  Act  of 

April  28,  1904  (33  Stats..  525),  amendatory  of  the  Act  of  June  6, 
1900  (31  Stats.,  658),  extending  the  coal-land  laws  to  the  district  of 
Alaska,  do  hereby  apply  to  purchase  the  land  described  in  the  accom- 
panying field  notes  and  plat  and  subject  to  sale  at  the  district  land 
office  at  -  — ,  Alaska ;  and  do  solemnly  swear  that  my  title  to  said 
tract  is  as  follows :  -  -  as  will  more  fully  appear  by  the 
certified  copy  of  location  notice  and  abstract  of  title  filed  herewith ; 
that  I  am  above  the  age  of  21  years,  and  a  citizen  of  the  United 
States;  that  I  have  not  hitherto  held,  except  —  — ,  or  purchased, 
either  as  an  individual  or  as  a  member  of  an  association,  any  coal 
lands  under  the  provisions  of  the  coal-land  laws;  that  I  have 
expended  in  developing  coal  mines  on  said  tract,  in  labor  and 
improvements,  the  sum  of dollars,  the  nature  of  said  improve- 
ments being  as  follows:  —  ;  that  I  am  now  in  the 

actual  possession  of  said  mines  and  make  the  entry  in  good  faith  for 
my  own  benefit,  and  not,  directly  or  indirectly,  in  whole  or  in  part, 
in  behalf  of  any  person  or  persons  whomsoever;  and  I  do  further- 
more swear  that  I  am  well  acquainted  with  the  character  of  said 
described  land,  and  with  each  and  every  portion  thereof;  that  my 
knowledge  of  said  land  is  such  as  to  enable  me  to  testify  under- 
standingly  with  regard  thereto ;  that  said  land  contains  deposits  of 
coal;  that  there  is  not,  to  my  knowledge,  within  the  limits  thereof 
any  valuable  vein  or  lode  of  quartz  or  other  rock  in  place  bearing 
gold,  silver,  copper,  or  other  valuable  minerals,  and  that  there  is 
not  within  the  limits  of  said  land,  to  my  knowledge,  any  valuable 
deposits  of  gold,  silver,  copper,  or  other  minerals.  So  help  me  God. 


(Jurat.) 

26.  The  notice  of  location  and  the  application  for  patent,  the 
forms  of  which  are  given  above,  may  be  sworn  to  by  the  claimant 
before  any  officer  authorized  by  law  to  administer  oaths,  but  the 
authority  of  said  officer  must  be  properly  shown. 

27.  Any  party  duly  qualified  under  the  law,  after  swearing  to 
his  notice  of  location  or  application  for  patent,  may,  by  a  sufficient 
power  of  attorney  duly  executed  under  the  laws  of  the  State  or 
Territory  in  which  such  party  may  be  then  residing,  empower  ;in 
agent  to  file  with  the  register  of  the  proper  land  office  the  notice 
of  location  or  application  for  patent,  and  also  authorize  him  to  make 
payment  for  and  entry  of  the  lands  in  the  name  of  such  qualified 
party ;  and  when  such  power  of  attorney  shall  have  been  filed  in  the 
local  land  office  such  agent  may  act  thereunder  as  indicated,  but 
no  person  will  be  permitted  to  act  as  such  agent  for  more  than  four 
applicants. 

28.  Where  a  claimant  shows  by  affidavit  that  he  is  not  person- 
ally acquainted  with  the  character  of  the  land,  any  qualified  person 
may  make  the  required  affidavit  as  to  its  character;  but  whether 


186 

this  affidavit  is  made  by  the  claimant  or  by  another  it  must  be  cor- 
roborated by  the  affidavits  of  two  disinterested  and  credible  wit- 
nesses having  personal  knowledge  of  the  facts. 

29.  The  "Rules  of  practice  in  cases  before  the  United  States 
district  land  offices,  the  General  Land  Office,  and  the  Department  of 
the  Interior,"  will,  as  far  as  applicable,  govern  all  cases  and  pro- 
ceedings arising  under  the  statutes  providing  for  the  sale  of  coal 
lands. 

30.  Local  officers  will  report  at  the  close  of  each  month  as  ' '  sales 
of  coal  lands"  all  filings  and  entries  in  separate  abstracts,  com- 
mencing with  number  one  and  thereafter  proceeding  consecutively 
in  the  order  of  their  reception. 

Where  a  series  of  numbers  has  already  been  commenced  by  sale 
of  coal  lands,  they  will  continue  the  same  without  change. 

R.  A.  Ballinger, 

Commissioner. 

Department  of  the  Interior,  April  12,  1907. 
Approved. 

James  Rudolph  Garfield, 

Secretary. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  June  27,  1908. 

Eegisters  and  Receivers,  United  States  Land  Offices,  Alaska. 

Sirs:  The  instructions  of  the  General  Land  Office,  dated  March  3,  1908, 
relative  to  the  time  within  which  applications  to  purchase  coal  lands  in  Alaska 
under  the  Act  of  April  28,  1904  (33  Stat.,  525),  must  be  perfected  is  amended 
to  read  as  follows: 

Your  attention  is  called  to  the  fact  that  the  coal-land  law  of  April  28, 
1904  (33  Stat.,  525),  provides  that  locators  or  their  assigns  may,  at  any  time 
within  three  years  after  filing  the  notice  prescribed  by  the  first  section  of  the 
Act,  make  application  for  patent  for  the  land  claimed. 

This  does  not  mean  that  if  the  application  is  filed  at  an  earlier  time  than 
that  allowed,  the  claimant  may  defer  payment  for  his  claim  and  making  entry 
for  a  period  of  time  which  added  to  the  time  between  filing  the  location  notice 
and  submitting  the  application  for  patent,  will  equal  three  years. 

When  the  claimant  files  his  application  for  patent  he  waives  the  unexpired 
portion  of  the  three  years  fixed  by  the  statute  and  must,  thereafter,  diligently 
proceed  to  make  publication  and  submit  the  proofs  prescribed  by  the  statute 
and  the  regulations. 

Paragraph  16  of  the  regulations  of  April  12,  1907  (35  L.  D.,  673),  provides 
that  payment  and  entry  may  be  made  not  earlier  than  six  months  after  the 
expiration  of  the  period  of  publication.  The  law  does  not  contemplate  that 
this  time  be  extended  an  unreasonable  period  at  the  option  of  the  claimant, 
but  that  after  the  filing  of  the  application,  the  case  proceed  regularly  to  entry. 
Accordingly,  should  the  specified  proofs  and  purchase  price  be  not  furnished 
and  tendered  within  six  months  from  the  expiration  of  the  six  months  within 
which  adverse  claims  may  be  filed,  or  within  six  months  after  the  final  termi- 
nation of  adverse  proceedings  instituted  under  Section  3  of  the  Act,  you  will 
reject  the  application  subject  to  appeal:  Provided,  That  the  period  of  six 
months  herein  fixed  within  which  to  perfect  entry  shall  be  allowed  in  case  of 
pending  applications  which  have  not  been  perfected  within  the  ninety  days 
specified  by  the  instructions  of  March  3,  1908,  the  time  to  run  from  date  hereof. 

This  is  not  intended  in  any  way  to  modify  the  circular  instructions  of  May 
16,  1907,  copy  inclosed  herewith. 

Very  respectfully, 

S.  V.  Proudfit, 
Acting  Commissioner. 

Approved,  June  27,  1908. 
Frank  Pierce, 

Acting  Secretary. 


187 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D,  C.,  July  11,  1908. 
Registers  and  Receivers,  United  States  Land  Offices, 

and  United  States  Surveyor-General,  District  of  Alaska. 
Gentlemen:     Herewith  is  copy  of  Act  of  Congress  approved 
28,  1908,  Public  No.  151,  relating  to  existing  unpatented  coal  claims 
in  the  district  of  Alaska. 

CONSOLIDATION   OF   CLAIMS,   MAXIMUM    AREA. 

The  said  Act  provides  a  method  whereby  qualified  persons,  their 
heirs  or  assigns,  who  initiated  coal  claims  in  Alaska  prior  to  No- 
vember 12,  1906,  may  consolidate  their  claims  through  the  means  of 
associations  or  corporations  which  may  perfect  entry  and  acquire 
title  to  contiguous  locations,  such  consolidated  claims  not  to  exceed 
2,560  acres  of  contiguous  lands  nor  to  exceed  in  length  twice  the 
width  of  the  tract  thus  consolidated  and  applied  for. 

QUALIFICATIONS   OF  APPLICANTS   FOR   CONSOLIDATED   CLAIM. 

"When  application  is  made  by  an  association  of  persons,  each 
member  thereof  must  be  shown  to  be  qualified  to  make  entry  under 
the  coal-land  laws  applicable  to  Alaska,  and  to  be  the  owner,  by  loca- 
tion, inheritance,  or  purchase,  of  an  undivided  interest  in  the  con- 
solidated claim.  Proof  of  the  qualifications  of  the  applicants  may 
consist  of  their  own  affidavits.  The  application  for  patent  may  be 
executed  and  filed  by  the  duly  authorized  agent  of  the  members  of 
the  association. 

A  corporation  applying  to  consolidate  its  claims  must  show  at 
date  of  application  that  not  less  than  75  per  cent  of  its  stock  is  held 
by  persons  qualified  to  enter  coal  lands  in  Alaska,  and  to  this  end 
each  such  application  must  be  accompanied  by  a  list  of  the  stock- 
holders, showing  their  respective  holdings  of  stock  in  the  corpora- 
tion, and  the  personal  affidavits  of  those  holding  such  75  per  cent  of 
the  capital  stock,  showing  their  qualifications  under  the  law.  Appli- 
cations by  corporations  must  be  signed  by  the  president  and  secre- 
tary and  attested  by  the  corporate  seal.  All  applications  may  be 
upon  Form  4-367,  modified  to  suit  conditions. 

PENDING  ENTRIES. 

Claims  embraced  in  unpatented  entries,  if  the  entryman  shall  so 
elect,  may  be  consolidated  into  a  single  entry  under  this  act,  upon 
presentation  of  a  proper  application  therefor,  within  twelve  months 
from  date  hereof.  In  the  event  of  such  consolidation,  no  further 
payment,  publication  of  notice,  nor  any  new  or  additional  survey  of 
the  claims  embraced  in  the  consolidated  entry  will  be  required ;  but 
the  application  must  be  accompanied  by  a  plat  of  the  claims  as  con- 
solidated, by  proof  of  the  qualifications  of  the  applicants,  and  by 
evidence  of  the  assignment  of  the  claims  to  the  applicants. 

ASSIGNMENTS. 

Assignments  to  individuals  or  corporations  under  the  provisions 
of  the  Act  of  May  28,  1908,  must  be  executed  in  accordance  with 
local  requirements,  and  all  applications  be  accompanied  by  abstracts 
of  title  properly  certified. 

sritVEYS. 

Where  locations  already  surveyed  are  sought  to  be  consolidated. 


188 

the  application  must  be  accompanied  by  a  plat  showing  the  separate 
locations  included  in  the  consolidation  and  their  relation  to  each 
other.  One  entry  may  then  be  made  for  the  consolidated  claim. 
Where  unsurveyed  claims  are  consolidated,  the  survey  may  describe 
the  exterior  limits  of  the  consolidated  claim,  as  in  the  case  of  the 
survey  of  one  location,  but  the  field  notes  of  survey  must  be  accom- 
panied by  duly  certified  copies  of  the  location  notices  of  the  included 
claims,  and  must  show  that  the  survey  is  made  substantially  in 
accordance  with  the  aggregate  locations.  Consolidated  claims  need 
not  be  surveyed  in  perfect  squares  or  parallelograms,  but  the  length 
of  the  consolidated  claim  must  not  exceed  twice  the  width,  length 
and  width  to  be  measured  in  straight  lines. 

TIME    WITHIN    WHICH    APPLICATION    TO    ENTER    MUST    BE    MADE. 

Application  for  patent  for  consolidated  claims  may  be  accepted 
if  filed  within  three  years  from  date  of  the  latest  recorded  notice 
of  location  of  the  included  claims,  exclusive  of  the  period  of  sus- 
pension between  November  12,  1906,  and  August  1,  1907  (Circular, 
May  16,  1907,  35  L.  D.,  572).  In  case  of  consolidation  of  claims, 
including  both  claims  for  which  no  application  for  patent  has  been 
filed  and  claims  for  which  applications  have  been  made,  the  appli- 
cation under  the  provision  of  this  Act  must  be  filed  within  three 
years  from  date  of  the  latest  recorded  notice  of  location  of  the 
included  claims,  exclusive  of  the  period  of  suspension  hereinbefore 
mentioned.  In  case  of  consolidation  of  claims  for  all  of  which  appli- 
cations for  patent  have  already  been  filed,  final  proof,  payment,  and 
entry  must  be  made  within  six  months  after  the  expiration  of  the 
period  of  six  months  prescribed  by  section  3  of  the  Act  of  April  28, 
1904,  for  the  filing  of  adverse  claims  has  elapsed  in  case  of  all  the 
included  applications  or  within  six  months  after  the  final  adjudica- 
tion of  the  rights  of  the  parties  in  adverse  suits  instituted  with 
respect  to  any  or  all  of  such  included  applications :  Provided  that  in 
those  cases  wherein  the  time  here  specified  has  expired  applications 
to  consolidate  must  be  filed  within  six  months  from  date  hereof. 

SECTION  3  OF  ACT. 

Inasmuch  as  section  3  deals  exclusively  with  such  coal  lands  or 
deposits  as  shall  have  been  purchased  under  this  Act,  its  interpre- 
tation seems  more  properly  to  fall  within  the  province  of  the  Depart- 
ment of  Justice,  and  it  is  deemed  inadvisable  for  this  Department  to 
attempt  at  this  time  to  define  its  provisions. 

ACT  APRIL  28,  1904,  33  STATS.,  525. 

So  far  as  not  in  conflict  with  or  superseded  by  the  Act  of  May  28, 
1908,  the  Act  of  April  28,  1904,  will  govern  the  survey,  application, 
and  entry  of  the  coal  claims  described  in  these  instructions. 

PATENTS. 

Patents  issued  under  the  provisions  of  the  Act  of  May  28,  1908, 
will  contain  recitals  of  the  terms  and  conditions  imposed  by  sections 
2  and  3  of  the  Act. 

Very  respectfully,  S.  V.  Proudfit, 

Acting  Commissioner. 
Approved : 

Frank  Pierce, 

First  Assistant  Secretary. 


189 

[Public— No.   151.] 
(S.  6805.) 

An  Act  to  Encourage  the  Development  of  Coal  Deposits  in  the  Territory  of 

Alaska. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  all  persons,  their  heirs  or 
assigns,  who  have  in  good  faith  personally  or  by  an  attorney  in  fact  made 
locations  of  coal  land  in  the  Territory  of  Alaska  in  their  own  interest,  prior 
to  November  twelfth,  nineteen  hundred  and  six,  or  in  accordance  with  circular 
of  instructions  issued  by  the  Secretary  of  the  Interior  May  sixteenth,  nineteen 
hundred  and  seven,  may  consolidate  their  said  claims  or  locations  by  including 
in  a  single  claim,  location,  or  purchase  not  to  exceed  two  thousand  five  hundred 
and  sixty  acres  of  contiguous  lands,  not  exceeding  in  length  twice  the  width  of 
the  tract  thus  consolidated,  and  for  this  purpose  such  persons,  their  heirs,  or 
assigns,  may  form  associations  or  corporations  who  may  perfect  entry  of  and 
acquire  title  to  such  lands  in  accordance  with  the  other  provisions  of  law  under 
which  said  locations  were  originally  made:  Provided,  That  no  corporation  shall 
be  permitted  to  consolidate  its  claims  under  this  Act  unless  seventy-five  per 
centum  of  its  stock  shall  be  held  by  persons  qualified  to  enter  coal  lands  in 
Alaska. 

Sec.  2.  That  the  United  States  shall,  at  all  times,  have  the  preference 
right  to  purchase  so  much  of  the  product  of  any  mine  or  mines  opened  upon 
the  lands  sold  under  the  provisions  of  this  Act  as  may  be  necessary  for  the 
use  of  the  Army  and  Navy,  and  at  such  reasonable  and  remunerative  price  as 
may  be  fixed  by  the  President;  but  the  producers  of  any  coal  so  purchased  who 
may  be  dissatisfied  with  the  price  thus  fixed  shall  have  the  right  to  prosecute 
suits  against  the  United  States  in  the  Court  of  Claims  for  the  recovery  of  any 
additional  sum  or  sums  they  may  claim  as  justly  due  upon  such  purchase. 

Sec.  3.  That  if  any  of  the  lands  or  deposits  purchased  under  the  provisions 
of  this  Act  shall  be  owned,  leased,  trusteed,  possessed,  or  controlled  by  any 
device  permanently,  temporarily,  directly,  indirectly,  tacitly,  or  in  any  manner 
whatsoever  so  that  they  form  part  of,  or  in  any  way  effect  any  combination, 
or  are  in  anywise  controlled  by  any  combination  in  the  form  of  an  unlawful 
trust,  or  form  the  subject  of  any  contract  or  conspiracy  in  restraint  of  trade 
in  the  mining  or  selling  of  coal,  or  of  any  holding  of  such  lands  by  any  indi- 
vidual, partnership,  association,  corporation,  mortgage,  stock  ownership,  or  con- 
trol, in  excess  of  two  thousand  five  hundred  and  sixty  acres  in  the  district  of 
Alaska,  the  title  thereto  shall  be  forfeited  to  the  United  States  by  proceed- 
ings instituted  by  the  Attorney-General  of  the  United  States  in  the  Courts  for 
that  purpose. 

Sec.  4.  That  every  patent  issued  under  this  Act  shall  expressly  recite  the 
terms  and  conditions  prescribed  in  sections  two  and  three  hereof. 

Approved,  May  28,  1908. 

INSTRUCTIONS  RELATING  TO  COAL  LANDS,  ETC. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  April  24,  1907. 
Registers  and  Receivers, 

United  States  Land  Offices. 
Sirs:     The  following  instructions  are  issued  for  your  guidance: 

COAL   LANDS. 

1.  Lands  heretofore  withdrawn  from  coal  entry  and  not  released 
from  such  withdrawals   shall  be   entered  on  the  tract  books  as 
"coal  lands." 

2.  No  entries  of  lands  so  noted  shall  be  permitted  under  the 
coal-land  laws  until  the  maps  and  lists,  as  hereinafter  mentioned, 
are  filed  in  the  local  land  office.     Provided,  however,  such  lands  are 
now  open  for  location  and  entry  under  the  general  mining  laws  for 
valuable  deposits  of  gold,  silver,  or  copper,  notwithstanding  the  fact 


190 

that  they  may  also  contain  workable  deposits  of  coal.  Lands  noted 
on  the  tract  books  as  coal  lands  may,  if  nonmineral  in  character,  be 
entered  under  the  appropriate  land  laws,  but  no  final  proof  or  entry 
will  be  allowed  until  receipt  of  a  report  from  a  field  officer,  in  accord- 
ance with  instructions  from  the  Commissioner  of  the  General  Land 
Office,  unless  said  lands  have  been  restored  to  entry  as  hereinafter 
provided. 

3.  You  will  be  furnished,  from  time  to  time,  township  maps 
showing   the   coal   lands   in   the   respective   townships,    containing 
thereon  the  price  at  which  such  coal  lands  will  be  sold.     Lands  not 
enumerated  and  priced  as  "coal  lands"  in  any  such  township  map 
shall  be  treated  as  restored  to  entry  under  the  general  land  laws, 
and  you  will  so  note  on  your  tract  books.     Upon  the  filing  of  such 
maps,  coal  claims  may  be  received,  as  provided  by  the  regulations 
of  April  12,  1907,  within  the  townships  covered  thereby. 

^  All  coal  filings  made  within  sixty  days  prior  to  withdrawals  from 
coal  entry  may  be  completed  within  the  time  prescribed  by  the 
statutes,  less  the  time  from  date  of  such  withdrawals  to  date  of 
special  written  notice  of  filing  of  the  maps  and  lists  in  the  local 
office,  as  herein  provided,  such  notice  to  be  given  by  you  to  all  per- 
sons entitled  thereto.  Also  persons  who  had,  within  sixty  days 
prior  to  such  withdrawal,  opened  and  improved  a  coal  mine  upon 
public  surveyed  lands  may  file  within  the  statutory  period  allowed, 
less  that  covered  by  the  withdrawal.  Claims  upon  unsurveyed  lands 
classed  as  coal  lands  must  be  presented  for  filing  within  sixty  days 
after  the  filing  of  the  plat  of  survey,  if  the  maps  and  plats  are  filed 
before  the  survey,  or,  after  the  lands  have  been  surveyed,  within 
sixty  days  after  the  filing  of  the  maps  and  lists  herein  required  in 
the  local  office,  if  the  maps  and  lists  are  filed  after  the  survey. 
However,  in  cases  of  valid  and  existent  rights,' the  price  per  acre  to 
be  paid  will  be  the  minimum  price  fixed  by  statute. 

LANDS  NOT  "COAL  LANDS." 

4.  Lands  not  listed  as  "coal  lands,"  as  hereinbefore  mentioned, 
may  be  entered  under  any  of  the  public  land  laws  applicable  to  the 
particular  tract.     If  any  of  these  lands  are  found  to  contain  work- 
able deposits  of  coal  they  may  be  entered  under  the  provisions  of  the 
coal  land  circular  of  April  12,  1907,  at  the  minimum  price  fixed  by 
the  statute. 

ACTION  REQUIRED  BY  SPECIAL  AGENTS. 

5.  In  all  cases  of  application  to  make  final  proof,  final  entry,  or 
to  purchase  public  lands  under  any  public  land  law,  the  Register 
and  Receiver  will  at  once  forward  a  copy  thereof  to  the  Chief  of 
Field  Division  of  Special  Agents.     Such  copy  will  be  indorsed  "coal 
lands"  or  "not  coal  lands,"  as  the  case  may  be.     Where  the  land  is 
in  a  National  Forest  or  other  reservation,  a  second  copy  will  be  for- 
warded to  the  officer  in  charge  thereof. 

6.  Registers  and  Receivers  will  not  issue  final  certificate  or  its 
equivalent  in  any  case  until  the  copy  of  notice  mentioned  in  para- 
graph 5  is  returned  with  the  Chief  of  Field  Division's  indorsement 
thereon.     The  Chief  of  Field  Division  will  in  every  case  return  the 
copy  of  notice  prior  to  date  for  final  proof  or  purchase. 

7.  "When  the  copy  of  notice  is  returned  with  an  indorsement  not 
protesting  the  validity  of  the  entry,  the  Register  and  Receiver  will 


191 

act  upon  the  merits  of  the  proof  as  submitted.  Where  the  returned 
indorsement  of  Chief  of  Field  Division  or  other  officer  protests  the 
validity  of  the  entry,  the  Register  and  Receiver  will  forward  all 
papers  to  this  office  without  action. 

8.  The  Chief  of  Field  Division,  on  receipt  of  such  copy  of  notice, 
will  make  a  case  thereof  on  his  docket,  and  also  make  a  field  exami- 
nation in  the  following  cases: 

(a)  Cases  wherein  he  has  reason  to  believe  a  particular  entry 
is  fraudulent. 

(b)  Cases  wherein  the  Register  and  Receiver  have  reason  to 
believe  a  particular  entry  is  fraudulent  and  have  indorsed  that  fact 
upon  the  copy  of  notice. 

(c)  Cases  other  than  coal  entries  in  lands  classed  as  coal  lands. 
Chiefs  of  Field  Division  will  exert  every  effort  to  make  the  field 

examination  prior  to  date  for  final  proof. 

9.  In  cases  not  within  paragraph  8  the  Chief  of  Field  Division 
will  return  such  copy  of  notice  indorsed  over  his  signature  "no  pro- 
test against  validity  of  this  entry."     In  cases  under  paragraph  8  he 
will  return  to  the  Register  and  Receiver  the  copy  of  notice  indorsed 
"protest  against  the  validity  of  this  entry  is  filed  in  this  office."     If 
investigation  is  completed  before  date  for  final  proof,  he  will  so 
notify  the  Register  and  Receiver,  by  letter;  and  if  investigation  is 
unfavorable  to  entry,  he  will  submit  his  report  to  this  office. 

The  circulars  of  January  21,  1907,  March  15,  1907,  and  all  parts 
of  the  circular  of  December  7,  1905,  in  conflict  herewith,  and  all 
other  regulations  and  circulars  in  conflict  herewith,  are  hereby 
revoked. 

Very  respectfully,  R.  A.  Ballinger, 

Commissioner. 
Approved  April  24,  1907. 
James  Rudolph  Garfield, 

Secretary. 

Department  of  the  Interior, 

General  Land  Offica, 
Washington,  D.  0.,  May  16,  1907. 
Eegister  and  Eeceiver,  Juneau,  Alaska. 

Gentlemen:     The  following  instructions  are  issued  for  your  guidance: 

1.  Under  the  order  of  November  12,  1906,  withdrawing  lands  in  Alaska 
from  entry,  location,  or  filing  under  the  coal-land  laws,  and  subsequent  modi- 
fications of  said  order,  no  lands  in  Alaska  known  to  contain  workable  deposits 
of  coal  can  be  entered,  located,  or  filed  upon  while  such  orders  remain  in  force, 
except  as  hereinafter  provided. 

2.  All    qualified    persons    or    associations    of    qualified    persons    who    had 
within  one  year  prior  to  November  12,  1906,  in  good  faith  made  legal  and  valid 
locations  under  the  Act  of  April  28,  1904,  may  file  notices  of  such  locations  in 
the  manner  and  within  the  time  prescribed  by  said  Act,  if  such  notices  have 
not  already  been  filed  and  such  locations  have  not  been  abandoned  or  forfeited; 
and  they  or  any  other  person  or  persons  to  whom  they  may  lawfully  assign 
their  rights  after  such  notices  have  been  filed  may  thereafter  proceed  to  make 
entry  and  obtain  patent  within  the  time  and  in  the  manner  prescribed  by  law. 

3.  In  computing  the  time  within  which  notices  of  location  may  be  filed 
under  the   preceding  paragraph,   the   time  intervening   between   November   12, 
1906,  and  August  1,  1907,  will  not  be  taken  into  consideration  or  counted,  but 
such  notices  may  be  filed  within  one  year  from  the  date  of  location,  exclusive 
of  such  time. 

4.  All  qualified  persons  or  associations  of  qualified  persons  who  may  have 
in  good  faith  legally  filed  valid  notices  of  location  under  the  Act  of  April  28, 
1904,  prior  to  November  12,  1906,  and  the  bona  fide  qualified  assignees  of  such 


192 

persons,  may  make  entry  and  obtain  patent  under  such  notices  within  the  timfr 
and  in  the  manner  prescribed  by  statute  if  they  have  not  abandoned  their 
right  to  do  so. 

5.  In  computing  the  time  within  which  persons  or  associations  of  persons 
mentioned  in  the  preceding  paragraph  may  apply  for  patent,  the  time  inter- 
vening between  November  12,  1906,  and  the  day  on  which  they  receive  the 
written  notices  given  by  you  as  hereinafter  required  will  not  be  considered  or 
counted,  and  such  applications  may  be  made  at  any  time  within  three  years 
from   the   date   on   which   such  notices   of   location   were   filed,   exclusive    of 
such  time. 

6.  You  are  directed  to  at  once  notify  all  persons  or  associations  of  per- 
sons who  have  filed  notices  of  location  in  your  office,  including  those  who  have 
pending  applications  for  patent,  and  all  persons  or  associations  of  persons  hold- 
ing as  assignees  under  such  locations  who  have  notified  you  of  such  assign- 
ments, of  their  right  to  proceed  in  the  manner  herein  prescribed  and  authorized, 
and  to  furnish  them  with  a  copy  of  these  instructions.     These  notices  must  be 
served  either  personally  or  by  registered  mail,  and  you  should  carefully  pre- 
serve with  the  record  in  each  case  the  registry  return  receipt  or  other  evidence 
of  such  notice. 

7.  In   all  cases  where  you   publish  notice   of   applications   for   entry  or 
patent  under  the  coal-land  laws,  or  under  any  other  law,  you  will  at  once  mail 
a  copy  of  said  notice  to  a  special  agent  assigned  to  duty  in  Alaska.     Should 
said  agent  thereafter  file  in  your  office  a  protest  against  the  validity  of  the 
location  or  claim  embraced  in  any  such  application  you  will  defer  action  upon 
such  application  until  said  protest  is  withdrawn  or  appropriate  action  is  taken 
thereon.  Very  respectfully, 

E.  A.  Ballinger, 

Commissioner. 
Approved,  May  16,  1907. 
James  Rudolph  Garfield, 

Secretary. 


INSTRUCTIONS. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  May  20,  1907. 
Registers  and  Receivers,  United  States  Land  Office. 

Sirs:     The  following  instructions  are  issued  for  your  further  guidance  in 
cases  arising  under  the  coal-land  laws: 

1.  As  soon  as  the  maps  showing  the  character  of  any  part  of  any  town- 
ship or  townships  within  your  respective  districts  have  been  furnished  you  as 
prescribed  in  the  coal-land  regulations,  approved  April  12,  1907,  you  will  at 
once  post  in  your  office  a  list  of  such  townships,  and  furnish  a  copy  of  such 
list  to  the  newspapers  in  your  district  for  publication  as  a  matter  of  news, 
but  without  cost  to  the  Government  for  such  publication. 

2.  You  are  also  directed  to  mail  a  copy  of  these  instructions  and  a  copy 
of  the  instructions  of  April  24,  1907,  to  all  persons  or  associations  of  persons 
shown  by  your  records  to  have  or  claim  any  interest  in  any  land  covered  by 
any  pending  application  to  purchase  under  the  coal-land  laws  or  embraced  in 
any  valid  unexpired  coal  declaratory  statement. 

3.  All  qualified  persons  or  associations  of  qualified  persons  who  legally 
and  in  good  faith  went  into  possession  of  and  improved  coal  mines  within  less 
than  sixty  days  preceding  the  date  when  the  lands  upon  which  such  mines  are 
situated  were  withdrawn  from  coal  entry,  and  who  have  not  filed  declaratory 
statements,  may  at  once,  or  within  the  time  prescribed  by  statute,  namely, 
within  sixty  days  after  the  date  of  actual  possession,  and  the  commencement 
of  improvements  on  the  land,  not  counting  the  time  intervening  between  date 
of  withdrawal  and  July  1,  1907,  file  such  declaratory  statements  and  proceed 
to  obtain  patent  in  the  manner,  at  the  minimum  price,  and  within  the  time 
fixed  by  law,  regardless  of  the  fact  that  the  maps  required  by  the  coal  land 
regulations  of  April  12,  1907,  may  not  have  been  filed  in  your  office,  and  regard- 
less of  the  fact  that  a  higher  price  may  have  been  fixed  for  such  lands  under 
said  regulations. 

4.  All  qualified  persons  or  associations  of  qualified  persons  who  in  good 
faith  filed  legal  declaratory  statements  in  your  office  prior  to  the  date  on  which 
the  lands  covered  thereby  were  withdrawn  from  coal  entry,  and  all  qualified 


193 

persons  legally  holding  as  assignees  under  any  such  declaratory  statement  by 
assignment  made  prior  to  April  12,  1907,  may  proceed  to  obtain  title  in  the 
manner,  at  the  minimum  price,  and  within  the  time  fixed  by  the  statute, 
namely,  fourteen  months  after  the  date  of  actual  possession  and  the  com- 
mencement of  improvements  on  the  land,  not  counting  the  period  intervening 
between  date  of  withdrawal  and  the  mailing  of  copies  of  regulations  as  pre- 
scribed by  paragraph  2  hereof,  regardless  of  the  fact  that  the  maps  required 
by  the  coal-land  regulations  of  April  12,  1907,  may  not  have  been  filed  in  your 
office  at  the  date  upon  which  application  to  purchase  is  presented,  and  regard- 
less of  the  fact  that  a  higher  price  may  have  been  fixed  for  the  lands  claimed 
under  said  regulations. 

All  parts  of  regulations  in  conflict  herewith  are  hereby  revoked. 
Very  respectfully, 

E.  A.  Ballinger, 

Commissioner. 

COAL  LANDS— SURFACE  BIGHTS  OF  ENTRYMEN— ACT  OF 

MARCH  3,  1909. 

[Circular.] 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  September  7,  1909. 
Eegisters  and  Receivers,  United  States  Land  Offices. 

Gentlemen:  The  circular  approved  March  25,  1909  (37  L.  D.,  528),  of 
instructions,  under  the  act  of  Congress  of  March  3,  1909  (35  Stat.,  844),  for 
the  protection  of  surface  rights  of  entrymen,  is  amended  to  read  as  follows: 

The  Purpose  of  the  Act. 

1.  The  main  purpose  of  the  act  is  to  protect  persons  who,  in  good  faith, 
have  located,  selected,  or  entered,  under  nonmineral  laws,  public  lands  which 
are,  after  such  location,  selection,  or  entry,  classified,  claimed  or  reported  as 
being  valuable  for  coal  by  providing  a  means  whereby  such  persons  may,  at 
their  election,  retain  the   lands  located,  selected,  or  entered,   subject  to   the 
right  of  the   Government  to  the  coal  therein.     It  applies  alike  to  locations, 
selections,  and  entries  made  prior  to  its  passage  and  those  made  subsequently 
thereto. 

The  act  also  provides  for  the  disposal,  under  the  existing  coal-land  laws, 
of  the  coal  contained  in  such  lands. 

Election. 

2.  All  persons  who,  in  good  faith,  locate,  select,  or  enter,  under  the  non- 
mineral    laws,   lands   which   are,   subsequently   to   the    date    of   such   location, 
selection,    or    entry,    classified,    claimed    or    reported    as    being    valuable    for 
coal,    may    elect,    upon    making    satisfactory    proof    of    compliance    with    the 
laws  under  which  they  claim,  to  receive  patents  upon  their  location,  selection, 
or  entry,  as  the  case  may  be,  such  patents  to  contain   a  reservation  to  the 
United  States  of  all  coal  in  the  lands  and  the  right  of  the  United  States, 
or  anyone  authorized  by  it,  to  prospect  for,  mine,  and  remove  the  coal  in 
accordance  with  the  conditions  and  limitations  imposed  by  the  Act;  or  may 
decline    to    elect    to    receive   patent    with    such    reservation,    in    which    event 
proceedings  shall  be  had  as  hereinafter  indicated. 

Lands  Classified,  Claimed,  or  Reported  as  Coal  Lands. 

3.  Upon    receipt    of    these    instructions,    Registers    and    Receivers    will 
promptly  advise,  by  registered  mail,  each  nonmineral  claimant  to  land,  which, 
subsequent    to   location,   selection,   or   entry,   has  been   classified,   claimed,   or 
reported  as  being  valuable  for  coal,  that  at  the  time  of  applying  for  notice 
of   intention   to   submit   final   proof   that   he   must,   in   writing,   state   whether 
he  elects  to  receive  a  patent  containing  the  reservation  prescribed  by  the  Act. 

In  the  event  of  election  to  receive  such  patent,  no  further  inquiry  will 
be  necessary  respecting  the  coal  character  of  the  land. 

In  the  event  the  claimant  declines  to  elect  to  receive  such  patent, 
evidence  will  be  received  at  the  time  of  making  final  proof  for  the  purpose 
of  determining  whether  the  lands  are  chiefly  valuable  for  coal;  and  the 
entryman,  locator,  or  selector  will  be  entitled  to  a  patent  without  reservation 
unless  at  the  time  of  hearing  on  final  proof  it  shall  be  shown  that  the  land 
is  chiefly  valuable  for  coal. 

The    claimant    may,   after    determination    at    final    proof    that   the   lands 


194 

are  chieflly  valuable  for  coal,  elect  to  receive  patent  with  the  statutory 
reservation,  provided,  of  course,  proof  of  compliance  with  the  law  in  other 
respects  is  satisfactory. 

Notice  to  Chief  of  Field  Division. 

4.  Where  the  nonmineral  claimant  indicates  his  intention  to  contest  the 
alleged  coal  character  of  the  land  involved,  the  chief  of  the  appropriate  field 
division  must  be  advised  sufficiently  to  enable  him  to  be  prepared  to  represent 
the  Government  at  the  time  such  final  proof  is  made. 

Action  of  the  Register  and  Receiver. 

5.  In   every   case  where  there   is   controversy   as   to   the   coal   character 
of  the  land,  and  evidence  is  offered  thereon,  the  Kegister  and  Receiver  will 
forward  the  testimony  and   other  papers  to  the  Commissioner  of  the  General 
Land    Office,   with    appropriate    recommendation,    notice    of    which    should    be 
given  the  claimant. 

Where  Final  Proof  Has  Already  Been  Submitted. 

6.  Where   satisfactory   final   proof   has   heretofore   been   made   for  lands 
entered  under  the  nonmineral  laws,  the  claimant  will  be  entitled  to  a  patent 
without  reservation,  except  in  those  cases  where  the  Government  is  in  pos- 
session   of    sufficient   evidence    to    justify    the    belief    that    the    land    is,    and 
was   before   making   final  proof,   known   to   be   chiefly   valuable   for   coal,   in 
which  case  hearing  will  be  ordered.     If,  at  said   hearing,  it  is  proven  that 
the  land  is  chiefly  valuable  for  coal,  and  that  the  claimant  knew  that  fact 
at  the   time  of  making  final  proof,  the   entry  shall  be   canceled,  unless  the 
claimant  shall  prove  that  he  was  at  the  time  of  the  initiation  of  his  claim 
in  good  faith  endeavoring  to  secure  the  land  under  the  nonmineral  laws,  and 
not  because  of  its  coal  'character,  in  which  event   he   shall  be  permitted  to 
elect  to  receive  patent  with  the  reservations  prescribed  in  the  statute.     If 
it    is   not    shown   that    the    land    is    chiefly    valuable    for    coal,    the    claimant 
shall  be  entitled  to  patent  without  reservation. 

Disposal  of  the  Coal  Deposits. 

7.  Where  election  to  accept  patent  with  the  prescribed  reservation  has 
been   made  by  the  nonmineral   claimant,   coal   deposits   in   the   land  may   be 
prospected  for,  mined,  and  removed   under  the   existing  coal-land  laws,  pro- 
vided the  person  desiring  to   do  so  first  procures  the  consent   of  the   surface 
owner,  or  furnishes  such  security  for  payment  of  all  damages  to  such  owner 
caused  thereby  as  may  be  determined  by  a  court  of  competent  jurisdiction. 
But  no  coal  declaratory  statement  or  application  to  purchase  under  sections 
2347-2352   of  the   Eevised   Statutes,   and   the   regulations   of   this   Office,   will 
be  received  until  the  nonmineral  claimant,  upon  the  making  of  satisfactory 
proof,   has   elected   to   take   a   patent    containing   the   prescribed   reservation, 
and  not  then  unless  such  coal   declaratory  statement   or  application  to  pur- 
chase   is    accompanied    by    the    consent    of    the    surface    owner,    or    evidence 
showing  that  security  has  been  given   as  prescribed  by  the  act. 

Appeals    shall    be    allowed    in    all    proceedings    brought    hereunder    as    in 
other  cases. 

Certificates  and  Patents. 

8.  Coal  declaratory  statements,  certificates,  and  patents  issued  under  the 
provisions  of  this  act  will  describe  the  land  by  legal  subdivisions  as  under 
the  general  coal-land  laws,  and  payment  will  be  made  at  the  price  fixed  for 
the  whole  area,  but  appropriate  conditions  and  limitations  will  be  incorporated 
in  the  patent  fully  defining  the  interests  and  rights  of  the  respective  parties. 
To  his  end  you  will  note  on  each  coal  receipt  and   certificate  issued  by  you, 
in  pursuance  thereof,  the  words  "Patent  will  contain   conditions  and  limita- 
tions of  the  Act  of  March  3,  1909  (35  Stat.,  844)." 

Very  Respectfully, 

S.    V.    Prouty,    Acting    Commissioner. 
Approved:     R.  A.  Ballinger,  Secretary. 

[Form    Approved    by    the    First    Assistant    Secretary,    September    20,    1909, 
Department  of  the  Interior.] 

4-357. 
Notice   of   Eight   of   Election   in   Cases  Where   Final   Proof   Has   Not   Been 

Submitted. 
(Act  March  3,  1909.) 


195 
U.  S.  Land  Office, 


Sir:     Your  attention   is   directed  to   the  provisions  of  the  Act  of  March 
3,    1909,    printed    on    the    back    hereof,    and    you    are    hereby    notified    that 

subsequently  to  your (insert  kind  of  entry,  location,  or  selection) 

No.   ,  made  ,  19 ,  for  ,  section ,  township , 

range  ,  meridian,  said  tract  was  classified,  claimed,  or  reported  as 

being  valuable  for  coal;  also  that  at  the  time  of  applying  for  notice  to 
submit  final  proof  you  must  state  in  writing  whether  you  elect  to  receive  a 
patent  which  shall  contain  a  reservation  to  the  United  States  of  all  coal 
in  said  land,  the  right  of  the  United  States,  or  any  person  or  persons 
authorized  by  it,  to  prospect  for,  mine,  and  remove  coal  from  the  same,  in 
accordance  with  the  conditions  and  limitations  imposed  by  said  Act.  Should 
you  elect  to  receive  such  patent,  no  further  inquiry  will  be  made  respecting 
the  coal  character  of  the  land,  and  patent  will  issue,  with  the  statutory 
reservation,  provided  satisfactory  proof  of  your  good  faith  and  of  compliance 
on  your  part  with  provisions  of  the  law  under  which  your  claim  be  submitted. 
In  the  event  you  decline  to  elect  to  receive  such  patent,  evidence  will  be 
received  at  the  time  of  making  final  proof  with  a  view  to  determining  whether 
the  land  is  chiefly  valuable  for  coal,  and,  the  proof  being  in  other  respects 
regular  and  satisfactory,  you  will  be  entitled  to  receive  patent  without 
reservation  unless  at  the  time  of  the  hearing  on  final  proof  it  shall  be  shown 
that  the  land  is  chiefly  valuable  for  coal. 

Respectfully, 

Register. 

Receiver. 

Election  to  Eeceive  Patent  Upon  Nonmineral  Claim  Exclusive  of  Any  Deposits 

of  Coal  in  the  Land. 

State  of ,  County  of ,  ss: 

I,  ,  of  town  of  ,  County  of  ,  State  of  , 

who  on ,  19. .,  made  location,  selection  or  entry  No.  .  .,  for  the 

,  Section  . .,  Township  . .,  Range  .  ., Meridian,  being  duly  sworn, 

do  hereby  elect,  upon  submission  of  satisfactory  proof  of  compliance  with  law 
under  which  my  claim  was  initiated,  to  receive  patent  for  the  lands,  which 
patent  shall  reserve  to  the  United  States  all  of  the  coal  in  said  lands,  with 
the  right  of  the  United  States,  or  any  person  authorized  by  it,  to  prospect  for 
mine,  and  remove  the  coal  from  same  in  accordance  with  the  conditions  and 
limitations  of  the  Act  of  March  3,  1909  (35  Stat.,  844). 

In  accordance  with  above  election,  I  hereby  authorize  the  proper  officer 
or  officers  of  the  United  States,  upon  submission  of  satisfactory  final  proof 
upon  my  location,  selection,  or  entry,  to  issue  final  certificate  or  other  paper 
as  basis  for  patent,  containing  the  reservation  of  the  coal  hereintofore  described, 
and  to  issue  patent  in  accordance  therewith. 


I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant 
in  my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to 
me  personally  known  (or  has  been  satisfactorily  identified  before  me  by 

) ;  and  that  said  affidavit  was  duly  sub- 

(Give   full   name   and   post-office   address) 

scribed  and  sworn  to  before  me  at  my  office  in   ,  this 

day  of ,19.. 


(Official  designation  of  office) 
Note   1. — This   affidavit   of   election   may   be   executed   before   any   officer 

authorized  to  administer  oaths  and  possessed  of  a  seal. 

Note  2. — The  attention  of  parties  in  interest  is  directed  to  the  provisions 

of  the  Act  of  March  3,  1909,  copy  of  which  is  printed  below. 

(For  Act  approved  March  3,  1909,  35  Stat.,  844,  see  page  444.) 

EXTENSION  OF  TIME. 

An  Act  of  January  28,  1910,  extending  time  in  which  to  establish  residence. 
Session  Laws  1909-1910. 

An  Act  extending  the  time  for  certain  homesteaders  to  establish  residence 
upon  their  lands.  North  Dakota,  South  Dakota,  Idaho,  Minnesota,  Montana, 
Nebraska,  Colorado  and  Wyoming,  and  the  Territory  of  New  Mexico. 

Approved,  January  28,  1910. 


196 

Sixty-first  Congress,  1909-1910.     Page.  189. 

An  Act  extending  the  time  in  which  to  file  adverse  claims  and  institute 
adverse  suits  against  mineral  entries  in  the  district  of  Alaska. 

Be  it  enacted  by  the  Senate  and  House  of  Kepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  in  the  district  of  Alaska  adverse 
claims  authorized  and  provided  for  in  sections  twenty-three  hundred  and  twenty- 
five  and  twenty-three  hundred  and  twenty-six,  United  States  Revised  Statutes, 
may  be  filed  at  any  time  during  the  sixty  days  period  of  publication,  or  within 
eight  months  thereafter,  and  the  adverse  suits  authorized  and  provided  for  in 
section  twenty-three  hundred  and  twenty-six,  United  States  Revised  Statutes, 
may  be  instituted  at  any  time  within  sixty  days  after  the  filing  of  said  claims 
in  the  local  land  office. 

Approved,  June  7,  1910.     Public  No.  198. 

An  Act  for  the  relief  of  homestead  settlers  under  the  Acts  of  February 
twentieth,  nineteen  hundred  and  four;  June  fifth  and  twenty-eighth,  nineteen 
hundred  and  six;  March  second,  nineteen  hundred  and  seven;  and  May  twenty- 
eighth,  nineteen  hundred  and  eight. 

Approved,  March  26,  1910. 

Homestead.     Second  Session  of  Sixty-first  Congress,  1909-1910.     Page  265. 

INSTRUCTIONS   UNDER  ENLARGED   HOMESTEAD   ACT   OF 
FEBRUARY  19,  1909. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  December  14,  1909. 

The  Registers  and  Eeceivers,  United  States  Land  Offices,  Colorado, 
Montana,  Nevada,  Oregon,  Utah,  Washington,  Wyoming,  Ari- 
zona, and  New  Mexico. 

Gentlemen :  The  following  instructions  are  issued  for  your  guid- 
ance in  the  administration  of  the  Act  of  Congress,  approved  Feb- 
ruary 19,  1909,  "to  provide  for  an  enlarged  homestead"  (35  Stat., 
639),  copy  of  which  may  be  found  at  the  end  of  these  instructions: 

Homestead  Entries  for  320  Acres — Kind  of  Land  Subject  to  Such 

Entry. 

1.  The  first  section  of  the  Act  provides  for  the  making  of  home- 
stead entry  for  an  area  of  320  acres,  or  less,  of  nonmineral,  non- 
timbered,  nonirrigable  public  land  in  the  States  of  Colorado,  Mon- 
tana, Nevada,  Oregon,  Utah,  Washington,  Wyoming,  and  in  the 
Territories  of  Arizona  and  New  Mexico. 

The  term  "nonirrigable  land,"  as  used  in  this  Act,  is  construed 
to  mean  land  which,  as  a  rule,  lacks  sufficient  rainfall  to  produce 
agricultural  crops  without  the  necessity  of  resorting  to  unusual 
methods  of  cultivation,  such  as  the  system  commonly  known  as  "dry 
farming,"  and  for  which  there  is  no  known  source  of  water  supply 
from  which  such  land  may  be  successfully  irrigated  at  a  reasonable 
cost. 

Therefore,  lands  containing  merchantable  timber,  mineral  lands, 
and  lands  within  a  reclamation  project,  or  lands  which  may  be  irri- 
gated at  a  reasonable  cost  from  any  known  source  of  water  supply, 
may  not  be  entered  under  this  Act.  Minor  portions  of  a  legal  sub- 
division susceptible  of  irrigation  from  natural  sources,  as,  for 
instance,  a  spring,  will  not  exclude  such  subdivision  from  entry 
under  this  Act,  provided,  however,  that  no  one  entry  shall  embrace 
in  the  aggregate  more  than  40  acres  of  such  irrigable  lands. 

Designation  or  Classification  of  Lands — Applications  to  Enter. 

2.  From  time  to  time  lists  designating  the  lands  which  are  sub- 


197 

ject  to  entry  under  this  Act  will  be  sent  you,  and  immediately  upon 
receipt  of  such  lists  you  will  note  upon  the  tract  books  opposite  the 
tracts  so  designated,  "Designated,  Act  February  19,  1909."  Until 
such  lists  have  been  received  in  your  office,  no  applications  to  enter 
should  be  received  and  no  entries  allowed  under  this  Act,  but  after 
the  receipt  of  such  lists  it  will  be  competent  for  you  to  dispose  of 
applications  for  lands  embraced  therein  under  the  provisions  of  this 
act,  in  like  manner  as  other  applications  for  public  lands,  without 
first  submitting  them  to  the  General  Land  Office  for  consideration. 
The  fact  that  lands  have  been  designated  as  subject  to  entry  is 
not  conclusive  as  to  the  character  of  such  lands.  Each  entryman 
must  furnish  the  affidavit  required  by  section  2  of  the  Act,  and 
should  it  afterwards  develop  that  the  land  is  not  of  the  character 
contemplated  by  the  above  Act,  the  entry  must  be  canceled  or  the 
area  reduced,  as  the  circumstances  may  warrant. 

Compactness — Fees. 

3.  Lands  entered  under  this  Act  must  be  in  a  reasonably  com- 
pact form,  and  in  no  event  exceed  1%  miles  in  length. 

The  Act  provides  that  the  fees  shall  be  the  same  as  those  now 
required  to  be  paid  under  the  homestead  laws ;  therefore,  while  the 
fees  may  not  in  any  one  case  exceed  the  maximum  fee  of  $10, 
required  under  the  general  homestead  law,  the  commissions  will  be 
determined  by  the  area  of  land  embraced  in  the  entry. 

Form  of  Application. 

4.  Applications  to  enter  must  be  submitted  upon  affidavit,  Form 
No.  4-003,  copy  of  which  is  annexed  hereto.* 

The  affidavit  of  applicant  as  to  the  character  of  the  lands  must 
be  corroborated  by  two  witnesses.  It  is  not  necessary  that  such 
witnesses  be  acquainted  with  the  applicant,  and  if  they  are  not  so 
acquainted  their  affidavit  should  be  modified  accordingly. 

Additional  Entries. 

5.  Section  3  of  the  Act  provides  that  any  homestead  entryman 
of  lands  of  the  character  described  in  the  first  section  of  the  Act, 
upon  which  entry  final  proof  has  not  been  made,  may  enter  such 
other  lands,  subject  to  the  provisions  of  this  Act,  contiguous  to  the 
former  entry,  which  shall  not,  together  with  the  lands  embraced  in 
the  original  entry,  exceed  320  acres,  and  that  residence  upon  and 
cultivation  of  the  original  entry  shall  be  accepted  as  equivalent  to 
residence  upon  and  cultivation  of  the  additional  entry. 

This  section  contemplates  that  lands  may,  subsequent  to  entry, 
be  classified  or  designated  by  the  Secretary  of  the  Interior  as  falling 
within  the  provisions  of  this  Act,  and  in  such  cases  an  entryman  of 
such  lands  who  had  not  at  the  time  of  the  classification  or  designa- 
tion of  the  lands  made  final  proof  may  make  such  additional  entry, 
provided  he  is  otherwise  qualified.  Applicants  for  such  additional 
entries  must,  of  course,  tender  the  proper  fees  and  commissions  and 
must  make  application  and  affidavit  on  the  Form  No.  4-004,  attached 
hereto.  Entrymen  who  made  final  proof  on  the  original  entries 
prior  to  the  date  of  the  Act  or  prior  to  the  classification  or  designa- 
tion of  the  lands  as  coming  within  the  provisions  of  the  act  are  not 
entitled  to  make  additional  entries  under  this  Act. 

"See  page  200  for  form. 


198 

Final  Proofs  on  Original  and  Additional  Entries — Commutation  Not 

Allowed. 

6.  Final  proofs  must  be  made  as  in  ordinary  homestead  eases, 
and  in  addition  to  the  showing  required   of  ordinary  homestead 
entrymen  it  must  be  shown  that  at  least  one-eighth  of  the  area 
embraced  in  each  entry  has  been  continuously  cultivated  to  agri- 
cultural crops  other  than  native  grasses,  beginning  with  the  second 
year  of  the  entry,  and  that  at  least  one-fourth  of  the  area  embraced 
in  the  entry  has  been  continuously  cultivated  to  agricultural  crops 
other  than  native  grasses,  beginning  with  the  third  year  of  the 
entry  and  continuing  to  date  of  final  proof. 

Final  proof  submitted  on  an  additional  entry  must  show  that  the 
area  of  such  entry  required  by  the  Act  to  be  cultivated  has  been 
cultivated  in  accordance  with  such  requirement ;  or  that  such  part 
of  the  original  entry  as  will,  with  the  area  cultivated  in  the  addi- 
tional entry,  aggregate  the  required  proportion  of  the  combined 
entries,  has  been  cultivated  in  the  manner  required  by  the  Act. 

Proof  must  be  made  on  the  original  entry  within  the  statutory 
period  of  seven  years  from  the  date  of  the  entry ;  and  if  it  can  not 
be  shown  at  that  time  that  the  cultivation  has  been  such  as  to 
satisfy  the  requirements  of  the  Act  as  to  both  entries  it  will  be 
necessary  to  submit  supplemental  proof  on  the  additional  entry 
at  the  proper  time.  But  proof  should  be  made  at  the  same  time  to 
cover  both  entries  in  all  cases  where  the  residence  and  cultivation 
are  such  as  to  meet  the  requirements  of  the  Act. 

Commutation  of  either  original  or  additional  entry,  made  under 
this  Act,  is  expressly  forbidden. 

Right  of  Entry. 

7.  Homestead  entries  under  the  provisions  of  section  2289  of 
the  Revised  Statutes,  for  160  acres  or  less,  may  be  made  by  qualified 
persons  within  the  States  and  Territories  named  upon  lands  subject 
to  such  entry,  whether  such  lands  have  been  designated  under  the 
provisions  of  this  Act  or  not.     But  those  who  make  entry  under 
the   provisions  of  this  Act   can  not   afterwards  make   homestead 
entry  under  the  provisions  of  the  general  household  law*  [nor  can 
an  entryman  who  enters  under  the  general  homestead  law  lands 
designated  as  falling  within  the  provisions  of  this  Act  afterwards 
enter  any  lands  under  this  Act]. 

A  person  who  has,  since  August  30,  1890,  entered  and  acquired 
title  to  320  acres  of  land  under  the  agricultural-land  laws  (which  is 
construed  to  mean  the  timber  and  stone,  desert  land,  and  home- 
stead laws),  is  not  entitled  to  make  entry  under  this  Act;  neither  is 
a  person  who  has  acquired  title  to  160  acres  under  the  general  home- 
stead law  entitled  to  make  another  homestead  entry  under  this  Act, 
unless  he  comes  within  the  provisions  of  section  3  of  the  Act  pro- 
viding for  additional  entries  of  contiguous  lands,  or  unless  entitled 
to  the  benefits  of  section  2  of  the  Act  of  June  5,  1900  (31  Stat., 
267),  or  section  2  of  the  Act  of  May  22,  1902  (32  Stat.,  203). 

If,  however,  a  person  is  a  qualified  entryman  under  the  home- 
stead laws  of  the  United  States,  he  may  be  allowed  to  enter  320 


*Portion  in  brackets  stricken  out  by  amendment,  40  L.  IX,  184. 


199 

acres  under  this  Act,  or  such  a  less  amount  as  when  added  to  the 
lands  previously  entered  or  held  by  him  under  the  agricultural  land 
laws  shall  not  exceed  in  the  aggregate  480  acres. 
Note. — See  Circulars  Xos.  94  and  99,  pages  — . 

Constructive  Residence  Permitted  on  Certain  Lands  in  Utah. 

8.  The  sixth  section  of  the  Act  under  consideration  provides 
that  not  exceeding  2,000,000  acres  of  land  in  the  State  of  Utah, 
which  do  not  have  upon  them  sufficient  water  suitable  for  domestic 
purposes  as  will  render  continuous  residence  upon  such  lands  pos- 
sible, may  be  designated  by  the  Secretary  of  the  Interior  as  subject 
to  entry  under  the  provisions  of  this  Act ;  with  the  exception,  how- 
ever, that  entry  men  of  such  lands  will  not  be  required  to  prove 
continuous  residence  thereon.     The  Act  provides  in  such  cases  that 
all  entrymen  must  reside  within  such  distance  of  the  land  entered 
as  will  enable  them  successfully  to  farm  the  same  as  required  by 
the  Act;  and  no  attempt  will  be  made  at  this  time  to  determine 
how  far  from  the  land  an  entryman  will  be  allowed  to  reside,  as 
it  is  believed  that  a  proper  determination  of  that  question  will 
depend  upon  the  circumstances  of  each  case. 

Applications  to  enter  under  this  section  of  the  Act  will  not  be 
received  until  lists  designating  or  classifying  the  lands  subject  to 
entry  thereunder  have  been  filed  and  noted  in  the  local  land  offices. 
Such  lists  will  be  from  time  to  time  furnished  the  Register  and 
Receivers,  who  will  immediately  upon  their  receipt  note  upon  the 
tract  books  opposite  the  tract  so  listed  the  words  "Designated, 
section  6,  Act  February  19,  1909."  Stamps  for  making  the  nota- 
tions required  by  these  instructions  will  be  hereafter  furnished  the 
local  officers.  Applications  under  this  section  must  be  submitted 
upon  Form  4-003,  copy  of  which  is  annexed  hereto. 

Final  Proofs  on  Entries  Allowed  Under  Section  6 — Residence — 
Commutation  Not  Allowed. 

9.  The  final  proof  under  this  section  must  be  made  as  in  ordi- 
nary homestead  entries,  except  that  proof  of  residence  on  the  land 
will  not  be  required,  in  lieu  of  which  the  entryman  will  be  required 
to  show  that  from  the  date  of  original  entry  until  the  time  of  making 
final  proof  he  resided  within  such  distance  from  said  land  as  enabled 
him  to  successfully  farm  the  same.     Such  proof  must  also  show  that 
not  less  than  one-eighth  of  the  entire  area  of  the  land  entered  was 
cultivated  during  the  second  year;  and  not  less  than  one-fourth 
during  the  fourth  and  fifth  years  after  entry. 

Officers  Before  Whom  Application  and  Proofs  May  Be  Made. 

10.  The  Act  provides  that  any  person  applying  to  enter  land 
under  the  provisions  thereof,  shall  make  and  subscribe  before  the 
proper  officer  an  affidavit,  etc.     The  term  "proper  officer,"  as  used 
herein,  is  held  to  mean  any  officer  authorized  to  take  affidavits  or 
proof  in  homestead  cases. 

Very  respectfully,  Fred  Dennett, 

Commissioner. 
Approved,  December  14,  1909. 

R.  A.  Ballinger, 

Secretary. 


200 

[Public— No.   245.] 

[S.  6155.] 
An  Act  to  Provide  for  an  Enlarged  Homestead. 

Be  it  enacted  by  the  Senate  and  House  of  Bepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  any  person  who  is  a  qualified 
entryman  under  the  homestead  laws  of  the  United  States  may  enter,  by  legal 
subdivisions,  under  the  provisions  of  this  Act,  in  the  States  of  Colorado,  Mon- 
tana, Nevada,  Oregon,  Utah,  Washington,  and  Wyoming,  and  the  Territories  of 
Arizona  and  New  Mexico,  three  hundred  and  twenty  acres,  or  less,  of  non- 
mineral,  uonirrigable,  unreswved  and  unappropriated  surveyed  public  lands 
which  do  not  contain  merchantable  timber,  located  in  a  reasonably  compact 
body,  and  not  over  one  and  one-half  miles  in  extreme  length:  Provided,  That 
no  lands  shall  be  subject  to  entry  under  the  provisions  of  this  Act  until  such 
lands  shall  have  been  designated  by  the  Secretary  of  the  Interior  as  not  being, 
in  his  opinion,  susceptible  of  successful  irrigation  at  a  reasonable  cost  from 
any  known  source  of  water  supply. 

Sec.  2.  That  any  person  applying  to  enter  land  under  the  provisions  of 
this  Act  shall  make  and  subscribe  before  the  proper  officer  an  affidavit  as 
required  by  section  twenty-two  hundred  and  ninety  of  the  Eevised  Statutes, 
and  in  addition  thereto  shall  make  affidavit  that  the  land  sought  to  be  entered 
is  of  the  character  described  in  section  one  of  this  Act,  and  shall  pay  the  fees 
now  required  to  be  paid  under  the  homestead  laws. 

Sec.  3.  That  any  homestead  entryman  of  lands  of  the  character  herein 
described,  upon  which  final  proof  has  not  been  made,  shall  have  the  right  to 
enter  public  lands,  subject  to  the  provisions  of  this  Act,  contiguous  to  his 
former  entry  which  shall  not,  together  with  the  original  entry,  exceed  three 
hundred  and  twenty  acres,  and  residence  upon  and  cultivation  of  the  original 
entry  shall  be  deemed  as  residence  upon  and  cultivation  of  the  additional  entry. 

Sec.  4.  That  at  the  time  of  making  final  proofs  as  provided  in  section 
twenty-two  hundred  and  ninety-one  of  the  Eevised  Statutes  the  entryman  under 
this  Act  shall,  in  addition  to  the  proofs  and  affidavits  required  under  the  said 
section,  prove  by  two  credible  witnesses  that  at  least  one-eighth  of  the  area 
embraced  in  his  entry  was  continuously  cultivated  to  agricultural  crops  other 
than  native  grasses  beginning  with  the  second  year  of  the  entry,  and  that  at 
least  one-fourth  of  the  area  embraced  in  the  entry  was  so  continuously  culti- 
vated beginning  with  the  third  year  of  the  entry. 

Sec.  5.  That  nothing  herein  contained  shall  be  held  to  affect  the  right  of 
a  qualified  entryman  to  make  homestead  entry  in  the  States  named  in  section 
one  of  this  Act  under  the  provisions  of  section  twenty-two  hundred  and  eighty- 
nine  of  the  Eevised  Statutes,  but  no  person  who  has  made  entry  under  this  Act 
shall  be  entitled  to  make  homestead  entry  under  the  provisions  of  said  section, 
and  no  entry  made  under  this  Act  shall  be  commuted. 

Sec.  6.  *  That  whenever  the  Secretary  of  the  Interior  shall  find  that  any 
tracts  of  land,  in  the  State  of  Utah,  subject  to  entry  under  this  Act,  do  not 
have  upon  them  such  a  sufficient  supply  of  water  suitable  for  domestic  pur- 
poses as  would  make  continuous  residence  upon  the  lands  possible,  he  may,  in 
his  discretion,  designate  such  tracts  of  land,  not  to  exceed  in  the  aggregate 
two  million  acres,  and  thereafter  they  shall  be  subject  to  entry  under  this  Act 
without  the  necessity  of  residence:  Provided,  That  in  such  event  the  entry- 
man on  any  such  entry  shall  in  good  faith  cultivate  not  less  than  one-eighth 
of  the  entire  area  of  the  entry  during  the  second  year,  one-fourth  during  the 
third  year,  and  one-half  during  the  fourth  and  fifth  years  after  the  date  of 
such  entry,  and  that  after  entry  and  until  final  proof  the  entryman  shall  reside 
within  such  distance  of  said  land  as  will  enable  him  successfully  to  farm  the 
same  as  required  by  this  section. 

Approved,  February  19,  1909.     (35  Stat.,  639.) 

4-003. 
[Form  approved  by  the  Secretary  of  the  Interior  March  25,  1909.] 

DEPAETMENT  OF  THE  IXTEBIOE— HOMESTEAD  ENTEY. 

[Act  February  19,  1909.] 
U.  S.  Land  Office, No 

APPLICATION  AND  AFFIDAVIT. 

I,   (give  full  Christian  .name)    (male  or  female),  a 

resident  of (town,  county,  and  State),  do  hereby  apply 

to  enter,  under  the  Act  of  February  19,  1909  (35  Stat.,  639),  the   sec- 


201 

tion ,  township ,  range , meridian,  containing 

acres,  within  the land  district;  and  I  do  solemnly  swear  that  I  am  not 

the  proprietor  of  more  than  160  acres  of  land  in  any  State  or  Territory;  that 

I, (applicant  must  state  whether  native  born,  naturalized,  or  has 

filed  declaration  of  intention  to  become  a  citizen.  If  not  native  born,  certified 
dopy  of  naturalization  or  'declaration  of  intention,  as  case  may  be,  must  be 

filed  with  this  application), ,  citizen  of  the  United  States,  and  am 

(state  whether  the  head  of  a  family,  married  or  unmarried,  or  over  twenty-one 
years  of  age,  and  if  not  over  twenty-one  applicant  must  set  forth  the  facts 
which  constitute  him  the  head  of  a  family) ;  that  my  post-office  address  is 
;  that  this  application  is  honestly  and  in  good  faith  made  for  the  pur- 
pose of  actual  settlement  and  cultivation,  and  not  for  the  benefit  of  any  other 
person,  persons,  or  corporation;  that  I  will  faithfully  and  honestly  endeavor  to 
comply  with  all  the  requirements  of  law  as  to  settlement,  residence,  and  cultiva- 
tion necessary  to  acquire  title  to  the  land  applied  for;  that  I  am  not  acting  as 
agent  of  any  person,  corporation,  or  syndicate  in  making  this  entry,  nor  in  col- 
lusion with  any  person,  corporation,  or  syndicate  to  give  them  the  benefit  of 
the  land  entered,  or  any  part  thereof,  or  the  timber  thereon;  that  I  do  not  apply 
to  enter  the  same  for  the  purpose  of  speculation,  but  in  good  faith  to  obtain  a 
home  for  myself,  and  that  I  have  not  directly  or  indirectly  made,  and  will  not 
make,  any  agreement  or  contract,  in  any  way  or  manner,  with  any  person  or 
persons,  corporation,  or  syndicate  whatsoever,  by  which  the  title  which  I  may 
acquire  from  the  Government  of  the  United  States  will  inure  in  whole  or  in 
part  to  the  benefit  of  any  person  except  myself.  I  have  not  heretofore  made 
any  entry  under  the  homestead,  timber  and  stone,  desert  land,  or  pre-emption 

laws  except (here  describe  former  entry  or  entries  by  section,  township, 

range,  land  district,  and  number  of  entry,  how  perfected,  or  if  not  perfected 
state  that  fact);  that  I  am  well  acquainted  with  the  character  of  the  land 
herein  applied  for  and  with  each  and  every  legal  subdivision  thereof,  having 
personally  examined  same;  that  there  is  not  to  my  knowledge  within  the  limits 
thereof  any  vein  or  lode  of  quartz  or  other  rock  in  place  bearing  gold,  silver, 
cinnabar,  lead,  tin,  or  copper,  nor  any  deposit  of  coal,  placer,  cement,  gravel, 
salt  spring,  or  deposit  of  salt,  nor  other  valuable  mineral  deposit;  that  no  por- 
'tion  of  said  land  is  claimed  for  mining  purposes  under  local  customs  or  rules 
of  miners,  or  otherwise;  that  no  portion  of  said  land  is  worked  for  mineral 
during  any  part  of  the  year  by  any  person  or  persons;  that  said  land  is  essen- 
tially nonmineral  land,  and  that  my  application  therefor  is  not  made  for  the 
purpose  of  fraudulently  obtaining  title  to  mineral  land;  that  the  land  is  not 
occupied  and  improved  by  any  Indian;  that  the  lands  applied  for  do  not  con- 
tain merchantable  timber,  and  no  timber  except  (here  fully  describe 

amount  and  kind  of  timber,  if  any),  and  that  it  is  not  susceptible  of  successful 
irrigation  at  a  reasonable  cost  from  any  known  source  of  water  supply,  except 

the  following  areas: (give  the  subdivisions  and  areas  of  the  land, 

if  any,  susceptible  of  irrigation). 


(Sign  here,   with   full   Christian  name.) 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  pun- 
ished as  provided  by  law  for  such  offense.  (See  Sec.  5392,  R.  S.) 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant  in 
my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to  me  per- 
sonally known,  or  has  been  satisfactorily  identified  before  me  by 

(give  full  name  and  post-office  address) ;  that  I  verily  believe  affiant  to  be  a 
qualified  applicant  and  the  identical  person  hereinbefore  described;  and  that 
said  affidavit  was  duly  subscribed  and  sworn  to  before  me,  at  my  office,  in 
(town), (county  and  State),  within  the land  dis- 
trict, this  ....  day  of ,  19.. 


(Official  designation  of  officer.) 

We, ,  of   ,  and   ,  of   ,  do  solemnly  swear 

that  we  are  well  acquainted  with  the  above-named  affiant  and  the  lands 
described,  and  personally  know  that  the  statements  made  by  him  relative  to 
the  character  of  the  said  lands  are  true. 


I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiants  in 
my  presence  before"  affiants  affixed  signatures  thereto;  that  affiants  are  to  me 


202 

personally  known  (or  have  been  satisfactorily  identified  before  me  by 

);  and  that  said  affidavit  was  duly  subscribed  to  before  me  at 

this day  of ,  19.. 


(Official  designation  of  officer.) 

Note. — In  cases  where  the  witnesses  are  not  acquainted  with  the  applicant, 
the  following  affidavit  may  be  substituted  for  the  one  herein  contained. 

We, ,  of   ,  and   ,  of   ,  do  solemnly  swear 

that  we  are  well  acquainted  with  the  lands  described  in  the  above  application, 
and  personally  know  that  the  statements  made  by  the  applicant  relative  to  the 
character  of  the  said  lands  are  true. 
(37  L.  D.,  708.) 

United  States  Land  Office  at 

,19.... 

I  hereby  certify  that  the  foregoing  application  is  for  surveyed  land  of 
the  class  which  the  applicant  is  legally  entitled  to  enter  under  the  Act  of 
February  19,  1909,  and  that  there  is  no  prior  valid  adverse  right  to  the  same; 
and  has  this  day  been  allowed. 


Register. 
REVISED  STATUTES  OF  THE  UNITED  STATES— TITLE  LXX.— CHAP  4. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a  competent 
tribunal,  officer,  or  other  person,  in  any  case  in  which  a  law  of  the  United 
States  authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare, 
depose,  or  certify  truly,  or  that  any  written  testimony,  declaration,  deposition, 
or  certificate  by  him  subscribed  is  true,  willfully  and  contrary  to  such  oath 
states  or  subscribes  any  material  matter  which  he  does  not  believe  to  be  true, 
is  guilty  of  perjury,  and  shall  be  punished  by  fine  of  not  more  than  two 
thousand  dollars,  and  by  imprisonment,  a.t  hard  labor,  not  more  than  five 
years;  and  shall,  moreover,  thereafter  be  incapable  of  giving  testimony  in 
any  court  of  the  United  States  until  such  time  as  the  judgment  against  him 
is  reversed.  (See  Sec.  1750.) 

Note. — In  addition  to  the  above  penalty,  every  person  who  knowingly 
or  willfully  in  anywise  procures  the  making  or  presentation  of  any  false  or 
fraudulent  affidavit  pertaining  to  any  matter  within  the  jurisdiction  of  the 
Secretary  of  the  Interior  may  be  punished  by  fine  or  imprisonment. 

4-004. 
[Form  approved  by  the  Secretary  of  the  Interior,  March  25,  1909.] 

DEPARTMENT  OF  THE  INTERIOR. 

APPLICATION  AND  AFFIDAVIT. 

ADDITIONAL  HOMESTEAD. 

[Act  of  February  19,   1909.] 

Application   No Land   Office    at 

I,  ,  of ,  do  hereby  apply  to  enter  under 

section  3  of  the  Act  of  February  19,  1909  (35  Stat.,  639),  the of 

section  ,  township  ,  range  meridian. 

containing  acres,  as  additional  to  my  homestead  entry  No 

made at Land  Office  for  the  

section ,  township ,  range ,  

meridian. 

I  do  solemnly  swear  that  I  am  not  the  owner  of  more  than  one  hundred 
and  sixty  acres  in  any  State  or  Territory,  exclusive  of  the  land  included  in 
my  original  entry  above  described,  and  that  this  application  is  made  for  "my 
exclusive  benefit  as  an  addition  to  my  original  homestead  entry,  and  not  directly 
or  indirectly  for  the  use  or  benefit  of  any  other  person  or  persons  whomsoever; 
that  this  application  is  honestly  and  in  good  faith  made  for  the  purpose 
of  actual  settlement  and  cultivation;  that  I  will  faithfully  and  honestly 
endeavor  to  comply  with  all  the  requirements  of  law;  and  that  I  have  not 
heretofore  made  an  entry  under  the  homestead,  timber  and  stone,  desert  land, 

or  preemption  laws  other  than  that  abov^  described,  except 

(here  describe  former  entries,  if  any);  that  I  am  well  acquainted  with  the 
character  of  the  land  herein  applied  for  and  each  and  every  legal  subdivision 
thereof,  having  passed  over  the  same;  that  my  personal  knowledge  of  the 


203 

land  is  such  as  to  enable  me  to  testify  understandingly  with  regard  thereto; 
that  there  is  not  to  my  knowledge  within  the  limits  thereof  any  vein  or 
lode  of  quartz  or  other  rock  in  place  bearing  gold,  silver,  cinnabar,  lead,  tin, 
or  copper,  or  any  deposit  of  coal,  cement,  gravel,  or  other  valuable  mineral 
deposit;  that  the  land  contains  no  salt  springs  or  deposits  of  salt  in  any 
form  sufficient  to  render  it  valuable  therefor;  that  no  portion  of  said  land 
is  claimed  for  mining  purposes  under  the  local  customs  or  rules  of  miners  or 
otherwise;  that  no  portion  of  the  land  is  worked  for  minerals  during  any 
part  of  the  year  by  any  person  or  persons,  and  that  my  application  is  not 
made  for  the  purpose  of  fraudulently  obtaining  title  to  mineral  lands;  that 
the  laud  is  not  occupied  and  improved  by  any  Indian,  and  is  unoccupied  and 
unappropriated  by  any  person  claiming  the  same  under  the  public  land  laws 
other  than  myself;  that  the  land  embraced  in  the  original  entry  and  the 
land  now  applied  for  do  not  contain  merchantable  timber,  and  no  timber 

except (here  fully  describe   amount  and  kind  of  timber,  if  any), 

and   that   it   is  not  susceptible   of  successful  irrigation   at  a   reasonable  cost 

from  any  known  source  of  water  supply,  except  the  follwing  areas:    

(Give  the  subdivisions  and  areas  of  the  lands,  if  any,  susceptible 

of  irrigation. 


(Sign  here,  with  full  Christian  name.) 

Note. — Every    person    swearing    falsely    to    the    above    affidavit    will    be 

punished  as  provided  by  law  for  such  offense.     (See  sec.  5392,  R.  S.,  below.) 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant 

in  my  presence  before  affiant  affixed  his  signature  thereto;  that  affiant  is  to 

me   personally    known    (or    has   been    satisfactorily    identified    before    me    by 

[give   full   name   and   post-office   address]);    that  I   verily 

believe  affiant  to  be  a  qualified  applicant  and  the  identical  person  hereinbefore 
described;  and  that  said  affidavit  was  duly  subscribed  and  sworn  to  before 

me,  at  my  office,  in   (town),   (county  and 

State),  within  the  land  district,  this   day  of 

.  19.. 


(Official  designation  of  officer.) 

We,- ,  of    ....,  and    ....,  of    ....,   do  solemnly  swear  that  we 

are  well  acquainted  with  the  above-named  affiant  and  the  lands  described,  and 
personally  know  that  the  statements  made  by  him  relative  to  the  character 
of  the  said  lands  are  true. 


I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiants  in 
my  presence  before  affiants  affixed  signatures  thereto;  that  affiants  are  to 
me  personally  known  (or  have  been  satisfactorily  identified  before  me  by 

'. ) ;  and  that  said  affidavit  was  duly  subscribed  to  before 

me  at   ,  this   day  of  ,  19 


(Official  designation  of  officer.) 

United  States  Land  Office  at  

,  19.... 

I  hereby  certify  that  the  foregoing  application  is  for  surveyed  land  of  the 
class  which  the  applicant  is  legally  entitled  to  enter  under  the  Act  of  February 
19,  1909,  and  that  there  is  no  prior  valid  adverse  right  to  the  same;  and  has 
this  day  been  allowed. 


Register. 

REVISED  STATUTES  OF  THE  UNITED  STATES— TITLE  LXX,  CRIMES, 

CHAP.  4. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a  competent 
tribunal,  officer,  or  person,  in  any  ease  in  which  a  law  of  the  United  States 
authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare,  depose,  or 
certify  truly,  or  that  any  written  testimony,  declaration,  deposition  or  cer- 
tificate by  him  subscribed  is  true,  willfully,  and  contrary  to  such  oath  states 
or  subscribes  to  any  material  matter  which  he  does  not  believe  to  be  true,  is 
guilty  of  perjury,  and  shall  be  punished  by  fine  of  not  more  than  two 


204 

thousand  dollars,  and  by  imprisonment,  at  hard  labor,  not  more  than  five 
years;  and  shall,  moreover,  thereafter  be  incapable  of  giving  testimony  in  any 
court  of  the  United  States  until  such  time  as  the  judgment  against  him  is 
reversed.  (See  Sec.  1750.) 

Note. — In  addition  to  the  above  penalty,  every  person  who  knowingly 
or  willfully  in  anywise  procures  the  making  or  presentation  of  any  false  or 
fraudulent  affidavit  pertaining  to  any  matter  within  the  jurisdiction  of  the 
Secretary  of  the  Interior  may  be  punished  by  fine  or  imprisonment. 

[Circular  No.  99.] 

ENLARGED    HOMESTEADS— SETTLEMENT    RIGHTS— ADDI- 
TIONAL ENTRIES— INSTRUCTIONS. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  April  16,  1912. 

Registers  and  Receivers,  United  States  Land  Offices,  Arizona,  Colo- 
rado,   Idaho,    Montana,    Nevada,    New    Mexico,    Oregon,    Utah, 

Washington,  and  Wyoming. 

Gentlemen:  The  following  instructions  are  issued  for  your 
guidance  in  the  administration  of  the  Act  of  Congress  approved 
February  19,  1909,  "to  provide  for  an  enlarged  homestead"  (35 
Stat.,  639),  and  are  supplemental  to,  and  in  modification  of,  the 
instructions  contained  in  Circular  No.  10,  Suggestions  to  Home- 
steaders, approved  April  20,  1911,  pages  17  to  21,  inclusive. 

An  entryman  under  section  2289,  Revised  Statutes,  who  makes 
an  additional  entry  under  section  3  of  the  enlarged  Homestead 
Act,  may  continue  both  residence  and  cultivation  upon  the  original 
entry,  but  final  proof  may  not  be  made  for  the  land  embraced  in 
the  additional  entry  until  full  compliance  with  the  requirements  of 
said  Act  has  been  effected  beginning  with  the  date  of  such  addi- 
tional entry.  Final  proof  must  be  made  on  the  original  entry  within 
the  statutory  period  of  seven  years. 

The  cultivation  required  in  such  cases  is  an  amount  equal  to  one- 
eighth  and  one-fourth  of  the  area  embraced  in  the  additional  entry, 
commencing  with  the  second  and  third  years,  respectively,  of  such 
additional  entry.  If  such  proportionate  area,  or  any  part  thereof, 
is  of  land  embraced  in  the  original  unperfected  entry,  there  must 
be  such  additional  cultivation  of  the  original  entry  as  would  ordi- 
narily be  required  to  perfect  the  title  thereto  if  it  stood  alone. 

Prior  to  the  designation  of  land  as  subject  to  entry  under  the 
Enlarged  Homestead  Act,  a  settlement  right  may  be  acquired  to  not 
more  than  approximately  160  acres  of  unsurveyed  land,  and  should 
such  settlement  claim  be  extended,  after  all  the  land  involved  has 
been  designated  as  subject  to  entry  under  the  Act,  to  embrace 
additional  land  with  a  view  to  entry  under  the  said  Act,  title  may 
be  acquired  to  the  enlarged  area  only  by  continued  residence,  and 
cultivation  as  required  by  section  4  of  the  Act,  for  the  full  period 
after  the  date  of  designation  and  extension  of  settlement. 

All  former  instructions  not  in  harmony  with  the  foregoing  are 
vacated,  and  superseded  hereby,  and  you  will  mail  a  copy  of  this 
circular  to  every  person  having  an  unperfected  entry  under  the 
Enlarged  Homestead  Act  in  your  district.  You  will  also  inclose 
it  with  each  "Suggestions  to  Homesteaders"  which  you  may  here- 
after send  out  in  response  to  inquiries  under  the  homestead  laws. 

These  instructions  apply  also  to  the  Act  of  June  17,  1910  (36 


205 

Stat.,  531),  providing  for  an  enlarged  homestead  in  the  State  of 
Idaho. 

Very  respectfully,  Fred  Dennett, 

Approved :  Commissioner. 

Samuel  Adams, 

First  Assistant  Secretary. 

[Circular  No.  94.] 

ENLARGED    HOMESTEADS— ACT    OF    FEBRUARY    19,    1909    (35    STAT. 
639),  AND  JUNE   17,   1910    (36  STAT.,   531)— INSTRUCTIONS. 

Department   of  the   Interior, 

General  Land  Office, 
Washington,    D.    C.,    April    2,    1912. 
Eegisters  and  Receivers,  United  States  Land  Offices, 

Arizona,   Colorado,  Idaho,  Montana,  Nevada,   New 

Mexico,  Oregon,  Utah,  Washington,  and  Wyoming. 

Gentlemen:      Under   date   of  March   22,   1912,    the   following  instructions 
were  issued  by  the  Department  to  this  Office: 
The  Commissioner  of  the  General  Land  Office. 

Sir:  I  have  your  informal  memorandum  dated  March  2,  1912,  submitted 
in  connection  with  a  letter  prepared  in  your  office  for  my  signature  (P.  R.  S., 
1071),  addressed  to  Hon.  Charles  N.  Pray,  House  of  Representatives,  the 
memorandum  being  in  full  as  follows: 

"It  is  now  held  by  the  General  Land  Office  that  in  cases  such  as  are 
discussed  in  the  accompanying  letter  an  entry  under  the  enlarged  homestead 
Act  for  the  full  area  of  320  acres  may  be  allowed  when  the  deficit  in  area 
of  the  former  perfected  entry,  under  sectin  2289,  Revised  Statutes,  was  such 
as  would  entitle  the  entryman,  under  the  rule  of  approximation,  to  make 
an  additional  entry  under  section  6  of  the  Act  of  March  2,  1889  (25  Stat., 
854),  of  a  legal  subdivision  of  40  acres." 

Differently  stated,  reference  being  had  to  the  aforesaid  draft  of  letter, 
this  is  the  equivalent  of  saying  that  it  is  now  held  as  a  rule  of  administration 
in  the  General  Land  Office  that  in  cases  where  a  homestead  entry  has  been 
allowed  and  perfected,  under  section  2289  of  the  Revised  Statutes,  for  a 
quantity  of  land  less  than  160  acres,  the  entryman  of  the  perfected  homestead 
may  make  a  further  or  additional  entry  for  320  acres  of  land  under  the 
enlarged  homestead  Act  of  February  19,  1909  (35  Stat.,  639),  in  all  cases 
where  such  deficiency  would  entitle  him  to  make  an  additional  entry  under 
section  6  of  the  Act  of  March  2,  1889,  for  40  acres  of  land. 

That  this  is  an  erroneous  view  of  the  law  seems  clear.  The  enlarged 
homestead  Act  permits  the  entry  of  320  acres  or  less  of  land  by  any  person 
"who  is  a  qualified  entryman  under  the  homestead  laws  of  the  United 
States."  Section  6  of  said  Act  of  March  2,  1889,  qualified  a  person  who  has 
entered  "a  quantity  of  land  less  than  160  acres,"  and  who  is  otherwise 
within  its  provisions,  to  enter  under  the  homestead  laws  "so  much  additional 
land  as  added  to  the  quantity  previously  so  entered  by  him  shall  not  exceed 
160  acres."  This  does  not  restore  such  person  to  the  full  qualifications  of  a 
homestead  entryman,  but  confers  a  special  and  limited  privilege — limited  to 
the  right  to  make  an  additional  entry  for  lands  of  area  to  be  measured  by 
the  difference  in  acreage  between  160  acres,  the  full  homestead  right  given 
by  section  2289  of  the  Revised  Statutes,  and  the  number  of  acres  actually 
entered  thereunder.  In  other  words,  the  right  granted  by  the  Act  of  March 
2,  1889,  is  the  right  to  enter  additional  land  in  amount  limited  to  meet  the 
deficiency  existing  between  that  originally  entered  under  the  homestead 
laws  and  160  acres.  The  rule  of  approximation  for  administrative  convenience 
may  in  actual  practice  either  enlarge  or  reduce  this  right,  but  this  does  not 
affect  the  construction  of  the  statute. 

So  the  right  of  additional  entry  given  by  the  Act  of  March  2,  1889, 
is  necessarily  confined  by  its  terms  to  an  acreage  wholly  inconsistent  with 
the  theory  that  320  acres  may  be  entered  under  the  enlarged  homestead  Act. 
Nothing  in  the  enlarged  homestead  Act  precludes  the  exercise  of  such  right 
of  additional  entry  within  the  area  designated  for  entry  under  that  act,  but 
the  grant  of  additional  riant  is  not  thereby  enlarged  as  to  such  cases.  It 
is  such  right  only  as  might  be  exercised  elsewhere  upon  the  public  domain 
of  the  United  States  subject  to  homestead  entry. 


206 

This  question  was  presented  in  a  somewhat  different  form  in  the  case  of 
ex  parte  Saavi  Storaasli,  decided  by  this  Department  July  18,  1911  (40  L.  D., 
193).  That  case  involved  the  right  of  Storaasli  to  make  an  entry  of  320 
acres  or  to  retain  an  entry  of  160  acres  of  land  he  had  been  allowed  to 
make  under  the  enlarged  homestead  Act.  It  appeared  that  he  had  theretofore 
made  and  perfected  an  entry  under  section  2289  of  the  Revised  Statutes  for 
157.33  acres,  and  he  maintained  his  claim  of  right  to  make  the  enlarged 
homestead  upon  the  ground  that  he  was  in  that  behalf  a  qualified  entryman 
by  reason  of  the  deficiency  of  2.67  acres  of  his  original  homestead  and  con- 
sequent additional  entry  privilege  accorded  by  the  Act  of  March  2,  1889. 
That  claim  was  denied  upon  the  ground  that — 

"The  fact  that  the  land  thus  patented  lacked  a  little  more  than  2  acres 
of  making  160  acres  did  not  give  him  the  status  of  a  qualified  homestead 
entryman  or  the  right  to  enter  under  the  enlarged  homestead  Act  an  addi- 
tional 320  acres  of  land." 

It  was  not  intended  by  this  to  say,  even  inferentially,  that  the  case 
would  have  been  different  if  the  deficiency  in  the  original  entry  had  been 
large  enough  under  the  Act  of  March  2,  1889,  as  administered,  to  entitle  him 
to  an  additional  homestead  entry  for  40  acres  of  land.  That  case  was  decided 
upon  its  own  facts.  The  discussion  was  confined  to  such  facts,  and  nothing 
found  therein  justifies  the  rule  which  you  say  now  obtains  in  your  Office  with 
reference  to  this  question. 

I  have  to  direct  that  in  the  further  administration  of  the  enlarged 
homestead  Act  your  office  conform  to  the  views  herein  expressed. 

Very  Respectfully, 

Samuel  Adams, 
First    Assistant   Secretary. 

The  foregoing  instructions  supersede  any  former  practice  or  instructions, 
and  you  will  be  governed  accordingly. 

Very  Respectfully 

Fred  Dennett,  Commissioner. 
Approved,   April    2,    1912. 

Samuel  Adams, 

First  Assistant  Secretary. 

ENLABGED  HOMESTEAD  IN  IDAHO— ACT  OF  JUNE  17,  1910. 
Instructions. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  July  18,  1910. 
Registers  and  Receivers,  United  States  Land  Offices  in  Idaho. 

Gentlemen:  The  following  instructions  are  issued  for  your  guidance  in  the 
administration  of  the  Act  of  Congress,  approved  June  17,  1910  (Public  214), 
entitled  "An  Act  to  provide  for  an  enlarged  homestead,"  a  copy  of  which  may 
be  found  at  the  end  of  these  instructions. 

Homestead  Entries  for  320  Acres — Kind  of  Land  Subject  to  Such  Entry. 

1.  The  first  section  of  the  Act  provides  for  the  making  of  homestead  entry 
for  an  area  of  320  acres,  or  less,  of  arid,  nonmineral,  nontimbered,  nonirrigable 
public  land  in  the  State  of  Idaho. 

The  terms  "arid"  or  "nonirrigable  land,"  as  used  in  this  Act  are  con- 
strued to  mean  land  which,  as  a  rule,  lacks  sufficient  rainfall  to  produce  agricul- 
tural crops  without  the  necessity  of  resorting  to  unusual  methods  of  cultivation, 
such  as  the  system  commonly  known  as  "dry  farming,"  and  for  which  there 
is  no  known  source  of  water  supply  from  which  such  land  may  be  successfully 
irrigated  at  a  reasonable  cost. 

Therefore,  lands  containing  merchantable  timber,  mineral  lands,  and  lands 
within  a  reclamation  project,  or  lands  which  may  be  irrigated  at  a  reasonable 
cost  from  any  known  source  of  water  supply,  may  not  be  entered  under  this 
Act.  Minor  portions  of  a  legal  subdivision  susceptible  of  irrigation  from 
natural  sources,  as,  for  instance,  a  spring,  will  not  exclude  such  subdivision 
from  entry  under  this  Act,  provided,  however,  that  no  one  entry  shall  embrace 
in  the  aggregate  more  than  forty  acres  of  such  irrigable  lands. 

Designation  or  Classification  of  Lands — Applications  to  Enter. 

2.  From  time  to  time  lists  designating  the  lands  which  are  subject  to  entry 
under  this  Act  will  be  sent  you,  and  immediately  upon  receipt   of  such   lists 
you  will  note  upon  the  tract  books  opposite  the  tracts  so  designated,  "Desig- 


207 

nated,  Act  June  17,  1910."  Until  such  lists  have  been  received  in  your  office, 
no  applications  to  enter  should  be  received  and  no  entries  allowed  under  this 
Act,  but  after  the  receipt  of  such  lists  it  will  be  competent  for  you  to  dispose 
of  applications  for  lands  embraced  therein  under  the  provisions  of  this  Act,  in 
like  manner  as  other  applications  for  public  lands,  without  first  submitting 
them  to  the  General  Land  Office  for  consideration. 

The  fact  that  lands  have  been  designated  as  subject  to  entry  is  not  con- 
clusive as  to  the  character  of  such  lands,  and  should  it  afterwards  develop  that 
the  land  is  not  of  the  character  contemplated  by  the  above  Act,  the  designation 
may  b^  canceled,  but  where  an  entry  is  made  in  good  faith  under  the  pro- 
visions of  said  Act,  such  designation  will  not  thereafter  be  modified  to  the 
injury  of  any  one  who,  in  good  faith,  has  acted  upon  such  designation.  Each 
entryman  must  furnish  affidavit  as  required  by  Section  2  of  the  Act. 

Compactness — Fees. 

3.  Lands  entered  under  this  Act  must  be  in  a  reasonably  compact  form, 
and  in  no  event  exceed  one  and  one-half  miles  in  lenth. 

The  Act  provides  that  the  fees  shall  be  the  same  as  those  now  required 
to  be  paid  under  the  homestead  laws;  therefore,  while  the  i^es  may  not  in  any 
one  case  exceed  the  maximum  fee  of  $10,  required  under  the  general  home- 
stead law,  the  commissions  will  be  determined  by  the  area  of  land  embraced 
in  the  entry. 

Form  of  Application. 

4.  Applications  to  make  entry  under  this  Act  must  conform  to  the  forms 
prepared  for  use  under  the  Act  of  February  19,  1909,  35  Stat.,  639  (see  circular 
December   14,   1909,  38  L.  D.,   361),   except   that   such   form  must  be   properly 
modified  as  to  the  date  of  the  Act.     Applications  to  enter  must  be  submitted 
upon  affidavit  Form  No.  4-005,  properly  modified. 

The  affidavit  of  applicant  as  to  the  character  of  the  lands  must  be  cor- 
roborated by  two  witnesses.  It  is  not  necessary  that  such  witnesses  be 
acquainted  with  the  applicant,  and  if  they  are  not  so  acquainted  their  affidavit 
should  be  modified  accordingly. 

Additional  Entries. 

5.  Section  3  of  the  Act  provides  that  any  homestead  entryman  of  lands 
of  the  character  described  in  the  first  section  of  the  Act,  upon  which  entry 
final  proof  has  not  been  made,  may  enter  such  other  lands,  subject  to  the  pro- 
visions of  this  Act,  contiguous  to  the  former  entry,  which  shall  not,  together 
with  the  lands  embraced  in  the  original  entry,  exceed  320  acres,  and  that  resi- 
dence upon  and  cultivation  of  the  original  entry  shall  be  accepted  as  equivalent 
to  residence  upon  and  cultivation  of  the  additional  entry. 

This  section  contemplates  that  lands  may,  subsequent  to  entry,  be  classified 
or  designated  by  the  Secretary  of  the  Interior  as  falling  within  the  provisions 
of  this  Act,  and  in  such  cases  an  entryman  of  such  lands  who  had  not  at  the 
time  of  the  classification  or  designation  of  the  lands  made  final  proof,  .may 
make  such  additional  entry,  provided  he  is  otherwise  qualified.  Applicants 
for  such  additional  entries  must,  of  course,  tender  the  proper  fees  and  com- 
missions and  must  make  application  and  affidavit  on  the  Form  No.  4-004,  prop- 
erly modified  as  to  date  of  the  Act.  Entrymen  who  made  final  proof  on  the 
original  entries  prior  to  the  date  of  the  Act  or  prior  to  the  classification  or 
designation  of  the  lands  as  coming  within  the  provisions  of  the  Act  are  not 
entitled  to  make  additional  entries  under  this  Act. 

Validation  of  Entries. 

[Public— No.  328.] 

[H.  R.  21826.] 

An  Act  Validating  certain  homestead  entries. 
Be  it  enacted  by  the  Seliate  and  House  of  Representatives  of  UK 
United  States  of  America  in  Congress  assembled,  That  all  pending 
homestead  entries  made  in  good  faith  prior  to  September  first,  nine- 
teen hundred  and  eleven,  under  the  provisions  of  the  enlarged 
homestead  laws,  by  persons  who,  before  making  such  enlarged 
homestead  entry,  had  acquired  title  to  a  technical  quarter  section  of 


208 

land  under  the  homestead  law,  and  therefore,  were  not  qualified  to 
make  an  enlarged  homestead  entry,  be,  and  the  same  are  hereby, 
validated,  if  in  all  other  respects  regular,  in  all  cases  where  the 
original  homestead  entry  was  for  less  than  one  hundred  and  sixty 
acres  of  land. 

Approved  August  24,  1912. 

Final  Proofs  on  Original  and  Additional  Entries — Commutation  Not  Allowed. 

6.  Final   proofs   must   be  made   as  in   ordinary   homestead   cases,   and   in 
addition  to  the  showing  required  of  ordinary  homestead  entrymen  it  must  be 
shown  that  at  least  one-eighth  of  the  area  embraced  in  each  entry  has  been 
continuously  cultivated  to  agricultural  crops  other  than  native  grasses,  begin- 
ning with  the  second  year  of  the  entry,  and  that  at  least  one-fourth   of  the 
area  embraced  in  the  entry  has  been  continuously  cultivated  to  agricultural 
crops  other  than  native  grasses,  beginning  with  the  third  year  of  the  entry, 
and  continuing  to  date  of  final  proof. 

Final  proof  submitted  on  an  additional  entry  must  show  that  the  area  of 
such  entry  required*  by  the  Act  to  be  cultivated  has  been  cultivated  in  accord- 
ance with  such  requirement;  or  that  such  part  of  the  original  entry  as  will, 
with  the  area  cultivated  in  the  additional  entry,  aggregate  the  required  pro- 
portion of  the  combined  entries,  has  been  cultivated  in  the  manner  required 
by  the  Act. 

Proof  must  be  made  on  the  original  entry  within  the  statutory  period  of 
seven  years  from  the  date  of  the  entry;  and  if  it  cannot  be  shown  at  that  time 
that  the  .cultivation  has  been  such  as  to  satisfy  the  requirements  of  the  Act 
as  to  both  entries  it  will  be  necessary  to  submit  supplemental  proof  on  the 
additional  entry  at  the  proper  time.  But  proof  should  be  made  at  the  same 
time  to  cover  both  entries  in  all  cases  where  the  residence  and  cultivation  are 
such  as  to  meet  the  requirements  of  the  Act. 

Commutation  of  either  original  or  additional  entry,  made  under  this  Act, 
is  expressly  forbidden. 

Eight  of  Entry. 

7.  Homestead  entries  under  the  provisions  of  Section  2289  of  the  Revised 
Statutes,  for  160  acres  or  less,  may  be  made  by  qualified  persons  within  the 
State  named  upon  lands  subject  to  such  entry,  whether  such  lands  have  been 
designated  under  the  provisions  of  this  Act  or  not.    But  those  who  make  entry 
under  the  provisions  of  this  Act  cannot  afterwards  make  homestead  entry  under 
the  provisions  of  the  general  homestead  law,  nor  can  an  entryman  who  enters 
under  the  general  homestead  law  lands  designated  as  falling  within  the  pro- 
visions of  this  Act  afterwards  enter  any  lands  under  this  Act. 

A  person  who  has,  since  August  30,  1890,  entered  and  acquired  title  to  320 
acres  of  land  under  the  agricultural-land  laws  (which  is  construed  to  mean  the 
timber  and  stone,  desert  land,  and  homestead  laws),  is  not  entitled  to  make 
enfry  under  this  Act;  neither  is  a  person  who  has  acquired  title  to  160  acres 
under  the  general  homestead  law  entitled  to  make  another  homestead  entry 
under  this  Act,  unless  he  comes  within  the  provisions  of  Section  3  of  the  Act 
providing  for  additional  entries  of  contiguous  lands,  or  unless  entitled  to  the 
benefits  of  Section  2  of  the  Act  of  June  5,  1900  (31  Stat.,  267),  or  Section  2 
of  the  Act  of  May  22,  1902  (32  Stat.,  203). 

If,  however,  a  person  is  a  qualified  entryman  under  the  homestead  laws  of 
the  United  States,  he  may  be  allowed  to  enter  320  acres  under  this  Act,  or 
such  a  less  amount  as  when  added  to  the  lands  previously  entered  or  held  by 
him  under  the  agricultural-land  laws  shall  not  exceed  in  the  aggregate  480  acres. 

Constructive  Residence  Permitted  on  Certain  Lands. 

8.  The   sixth   section   of  the   Act   under   consideration   provides   that   not 
exceeding  320,000  acres  of  land  in  the  State  of  Idaho,  which  do  not  have  upon 
them  sufficient  water  suitable  for  domestic  purposes  as  will  render  continuous 
residence  upon  such  lands  possible,  may  be  designated  by  the  Secretary  of  the 
Interior  as  subject  to  entry  under  the  provisions  of  this  Act;  with  the  excep- 
tion, however,  that  entrymen  of  such  lands  will  not  be  required  to  prove  con- 
tinuous residence  thereon.    The  Act  provides  in  such  cases  that  after  six  months 
from  date  of  entry  and  until  final  proof,  all  entrymen  must  reside  not  more 
than  twenty  miles  from  the  land  entered  and  be  engaged  personally  in  preparing 
the  soil  for  seed,  seeding,  cultivating  and  harvesting  crops  upon  the  land  during 
the  usual  seasons  for  such  work,  unless  prevented  by  sickness  or  other  unavoid- 


209 

able  cause.  It  is  further  provided  by  said  Act  that  leave  of  absence  from  a 
residence  established  under  this  section  may  be  granted  upon  the  same  terms 
and  conditions  as  are  required  of  other  homestead  entrymen. 

Applications  to  enter  under  this  section  of  the  Act  will  not  be  received 
until  lists  designating  or  classifying  the  lands  subject  to  entry  thereunder  have 
been  filed  and  noted  in  the  local  land  offices.  Such  lists  will  be  from  time  to 
time  furnished  the  registers  and  receivers,  who  will  immediately  upon  the 
receipt  note  upon  the  tract  books  opposite  the  tract  so  listed,  the  words  "Desig- 
nated, Section  6,  Act  June  17,  1910."  Stamps  for  making  the  notations 
required  by  these  instructions  will  be  hereafter  furnished  the  local  offices. 
Applications  under  this  section  must  be  submitted  upon  Form  4-003,  properly 
modified  as  to  date  and  section  of  the  Act. 

Final  Proofs  on  Entries  Allowed  Under  Section  6 — Residence — Commutation 

Not  Allowed, 

9.  The  final  proof  under  this  section  must  be  made  as  in  ordinary  home- 
stead entries,  except  that  proof  of  residence  on  the  land  will  not  be  required, 
in  lieu  of  which  the  entryman  will  be  required  to  show  that,  from  the  expira- 
tion of  six  months  after   the   date   of  original   entry  and  until   the  time  of 
making  final   proof,   he   resided  not  more   than   twenty   miles   from   the   land 
entered  and  was  personally  engaged  in  farming  the  same  as  required  by  said 
Act.     Such  proof  must  also  show  that  not  less  than  one-eighth  of  the  entire 
area  of  the  land  entered  was  cultivated  during  the  second  year;  not  less  than 
one-fourth  during  the  third  year;  and  not  less  than  one-half  during  the  fourth 
and  fifth  years. 

Officers  Before  Whom  Application  and  Proofs  May  Be  Made. 

10.  The  Act  provides  that  any  person  applying  to  enter  the  land  under 
the  provisions  thereof  shall  make  and  subscribe  before  the  proper  officer  an 
affidavit,  etc.     The  term  ' '  proper  officer, ' '  as  used  herein,  is  held  to  mean  any 
officer  authorized  to  take  affidavits  or  proof  in  homestead  cases. 

Very  respectfully, 

Fred  Dennett, 

Approved :  Commissioner. 

Frank  Pierce, 

Acting  Secretary. 

[Public— No.  214.] 

An  Act  to  Provide  for  an  Enlarged  Homestead. 

Be  it  enacted  by  the  Senate  and  House  of  Kepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  any  person  who  is  a  qualified 
entryman  under  the  homestead  laws  of  the  United  States,  may  enter,  by  legal 
subdivision,  under  the  provisions  of  this  Act,  in  the  State  of  Idaho,  three 
hundred  and  twenty  acres  or  less  of  arid,  nonmineral,  nonirrigable,  unre- 
served, and  unappropriated  surveyed  public  lands  which  do  not  contain 
merchantable  timber,  located  in  a  reasonably  compact  body  and  not  over  one 
and  one-half  miles  in  extreme  length:  Provided,  That  no  lands  shall  be 
subject  to  entry  under  the  provisions  of  this  Act  until  the  lands  shall  have 
been  designated  by  the  Secretary  of  the  Interior  as  not  being,  in  his  opinion^ 
susceptible  of  successful  irrigation,  at  a  reasonable  cost,  from  any  known 
source  of  water  supply. 

Sec.  2.  That  any  person  applying  to  enter  land  under  the  provisions  of 
this  Act  shall  make  and  subscribe  before  the  proper  officer  an  affidavit  as 
required  by  section  twenty-two  hundred  and  ninety  of  the  Eevised  Statutes, 
and  in  addition  thereto  shall  make  affidavit  that  the  land  sought  to  be 
entered  is  of  the  character  described  in  section  one  of  this  Act,  and  shall 
pay  the  fees  now  required  to  be  paid  under  the  homestead  laws. 

Sec.  3.  That  any  homestead  entryman  of  lands  of  the  character  herein 
described,  upon  which  final  proof  has  not  been  made,  shall  have  the  right 
to  enter  public  lands,  subject  to  the  provisions  of  this  Act,  contiguous  to  his 
former  entry,  which  shall  not,  together  with  the  original  entry,  exceed 
three  hundred  and  twenty  acres,  and  residence  upon  and  cultivation  of  the 
original  entry  shall  be  deemed  as  residence  upon  and  cultivation  of  the  addi- 
tional entry. 

Sec.  4.  That  at  the  time  of  making  final  proofs  as  provided  in  section 
twenty-two  hundred  and  ninety-one  of  the  Eevised  Statutes,  the  entryman 
under  this  Act  shall,  in  addition  to  the  proofs  and  affidavits  required  under 


210 

said  section,  prove  by  two  credible  witnesses  that  at  least  one-eighth  of  the 
area  embraced  in  his  entry  was  continuously  cultivated  to  agricultural  crops 
other  than  native  grasses  beginning  with  the  second  year  of  the  entry,  and 
that  at  least  one-fourth  of  the  area  embraced  in  the  entry  was  so  continuously 
cultivated  beginning  with  the  third  year  of  the  entry. 

Sec.  5.  That  nothing  herein  contained  shall  be  held  to  affect  the  right 
of  a  qualified  entryman  to  make  homestead  entry  in  the  State  of  Idaho 
under  the  provisions  of  section  twenty-two  hundred  arid  eighty-nine  of  the 
Kevised  Statutes,  but  no  person  who  has  made  entry  under  this  Act  shall 
be  entitled  to  make  homestead  entry,  under  the  provisions  of  said  section, 
and  no  entry  made  under  this  Act  shall  be  commuted. 

Sec.  6.  That  whenever  the  Secretary  of  the  Interior  shall  find  that  any 
tracts  of  land  in  the  State  of  Idaho  subject  to  entry  under  this  Act  do  not 
have  upon  them  such  a  sufficient  supply  of  water  suitable  for  domestic 
purposes  as  would  make  continuous  residence  upon  the  lands  possible,  he 
may,  in  his  discretion,  designate  such  tracts  of  land,  not  to  exceed  in  the 
aggregate  three  hundred  and  twenty  thousand  acres,  and  thereafter  they 
shall  be  subject  to  entry  under  this  Act  without  the  necessity  of  residence 
upon  the  land  entered:  Provided,  That  the  entryman  shall  in  good  faith  culti- 
vate not  less  than  one-eighth  of  the  entire  of  the  area  during  the  second 
year,  one-fourth  during  the  third  year  and  one-half  during  the  fourth  and 
fifth  years  after  the  date  of  said  entry,  and  that  after  six  months  from 
date  of  entry  until  final  proof  the  entryman  shall  reside  not  more  than 
twenty  miles  from  said  land  and  be  engaged  personally  in  preparing  the 
soil  for  seed,  seeding,  cultivating,  and  harvesting  crops  upon  the  land  during 
the  usual  seasons  for  such  work  unless  prevented  by  sickness  or  other  un- 
avoidable cause.  Leave  of  absence  from  a  residence  established  under  this 
section  may,  however,  be  granted  upon  the  same  terms  and  conditions  as 
are  required  of  other  homestead  entrymen. 

Approved,  June  17,  1910. 

LAWS  RELATING  TO  TOWNSITES,  PARKS,  AND 
CEMETERIES. 

Subject  Index. 

1.  County-seat  townsites,  Sec.  2286';  see  Kegulations  (12). 

2.  Townsites   reserved   by   President,   Sees.    2380,   2381;    see   Kegulatious 
(13). 

3.  Townsites    platted    by    occupants,    Sees.    2382    to    238(5;    see    Kegula- 
tions (14). 

4.  Townsites    entered    by    corporate    authorities    or    judges    of    county 
courts  as  trustees,  Sees.  2387  to  2394;  see  Regulations  (15). 

5.  Additional  townsites,  etc.,  Sees.  1  to  4. 

6.  Townsites   on  mineral  lands,   Sec.   16;   see   Regulations   (16). 

7.  Townsites  on  ceded  Indian  reservations. 

(a)  In  Oklahoma;  see  Regulations  (17  a). 

1.  Reservations   for   parks,   schools,   etc.,    and    Oklahoma    homestead 
commutations  for  townsites. 

2.  Homesteads    commuted    for    townsite    purposes    in    Wichita,    Co- 
manche,  and  Apache  lands. 

3.  Townsites  vacated  in  commuted  homesteads. 

(b)  In  Minnesota;  see  Regulations  (17  b). 
1.     Townsites  in  ceded  Indian  lands. 

(c)  In  South  Dakota;  see  Regulations  (17  c). 

1.     Townsites  in  Rosebud   Indian  lands   in   Tripp  County. 

(d)  In  North  and  South  Dakota;   see  regulations    (17  d). 

1.     Townsites  in  Cheyenne  River  and  Standing  Rock  lands. 

(e)  In  Utah;  see  regulations  (17  e). 
1.     Townsites  in  Uintah  lands. 

"(f)  In  Nevada;  see  Regulations  (17  f). 

1.  Townsites  in  Walker   River  lands, 

(g)  In  Wyoming;   see  Regulations   (17  g). 

1.  Townsites  in  Shoshone  or  WTind  River  lands, 

(h)  In  Montana;  see  regulations  (17  h). 

1.  Townsites  in  Crow  lands. 

2.  Townsites  in  Flathead  lands. 


211 

3.     Townsites  in  Blackfeet  and  Fort  Peck  lands, 
(i)     In  Washington;  see  Regulations  (17  i). 

1.  Townsites  in  Colville  lands. 

2.  Townsites  in  Spokane  lands. 

(j)     In  Idaho;  see  Regulations  (17  j). 

1.     Townsites   in   Coeur   d  'Alene   lands, 
(k)     In  California  and  Arizona;   see  Regulations  (17  k). 

1.     Townsites  in  Yuma  and  Colorado  River  lands. 

8.  Townsites   in   Reclamation   projects;    see   Regulations    (18). 

9.  Aliens  may  acquire  town  lots  in  the  Territories. 

10.  Parks  and  cemeteries;  see  Regulations  (19). 

11.  Cemeteries;  see  Regulations  (20). 
See  index  to  subject. 

UNITED  STATES  LAWS  RELATING  TO  TOWNSITES,  PARKS, 
AND  CEMETERIES. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  August  7,  1909. 

(1)      County  Seat  Townsites. 

Sec.  2286.  There  shall  be  granted  to  the  several  counties  or 
parishes  of  each  State  and  Territory,  where  there  are  public  lands, 
at  the  minimum  price  for  which  public  lands  of  the  United  States 
are  sold,  the  right  of  preemption  to  one  quarter  section  of  land,  in 
each  of  the  counties  or  parishes,  in  trust  for  such  counties  or 
parishes,  respectively,  for  the  establishment  of  seats  of  justice 
therein ;  but  the  proceeds  of  the  sale  of  each  of  such  quarter  sections 
shall  be  appropriated  for  the  purpose  of  erecting  public  buildings 
in  the  county  or  parish  for  which  it  is  located,  after  deducting 
therefrom  the  amount  originally  paid  for  the  same.  And  the  seat 
of  justice  for  such  counties  or  parishes,  respectively,  shall  be  fixed 
previously  to  a  sale  of  the  adjoining  lands  within  the  county  or 
parish  for  which  the  same  is  located. 

Act  approved  May  26,  1824  (4  Stat,  50,  sec.  1.) 

(2)     Townsites  Reserved  by  President. 

Sec.  2380.  The  President  is  authorized  to  reserve  from  the 
public  lands,  whether  surveyed  or  unsurveyed,  townsites  on  the 
shores  of  harbors,  at  the  junction  of  rivers,  important  portages,  or 
any  natural  or  prospective  centers  of  population. 

Sec.  2381.  When,  in  the  opinion  of  the  President,  the  public 
interests  require  it,  it  shall  be  the  duty  of  the  Secretary  of  the 
Interior  to  cause  any  of  such  reservations,  or  part  thereof,  to  be 
surveyed  into  urban  or  suburban  lots  of  suitable  size,  and  to  fix 
by  appraisement  of  disinterested  persons  their  cash  value,  and  to 
offer  the  same  for  sale  at  public  outcry  to  the  highest  bidder,  and 
thence  afterward  to  be  held  subject  to  sale  at  private  entry  accord- 
ing to  such  regulations  as  the  Secretary  of  the  Interior  may  pre- 
scribe; but  no  lot  shall  be  disposed  of  at  public  sale  or  private 
entry  for  less  than  the  appraised  value  thereof.  And  all  such  sales 
shali  be  conducted  by  the  Register  and  Receiver  of  the  land  office 
in  the  district  in  which  the  reservations  may  be  situated,  in  accord- 
ance with  the  instructions  of  the  Commissioner  of  the  General  Land 
Office. 

Act  approved  March  3,  1863  (12  Stat.,  754.) 


212 

(3)      Townsites  Platted  by  Occupants. 

Sec.  2382.  In  any  case  in  which  parties  have  already  founded, 
or  may  hereafter  desire  to  found,  a  city  or  town  on  the  public  lands, 
it  may  be  lawful  for  them  to  cause  to  be  filed  with  the  recorder  for 
the  county  in  which  the  same  is  situated,  a  plat  thereof,  for  not 
exceeding  six  hundred  and  forty  acres,  describing  its  exterior 
boundaries  according  to  the  lines  of  the  public  surveys,  where  such 
surveys  have  been  executed;  also  giving  the  name  of  such  city  or 
town,  and  exhibiting  the  streets,  squares,  blocks,  lots,  and  alleys, 
the  size  of  the  same,  with  measurements  and  area  of  each  municipal 
subdivision,  the  lots  in  which  shall  each  not  exceed  four  thousand 
two  hundred  square  feet,  with  a  statement  of  the  extent  and  gen- 
eral character  of  the  improvements ;  such  map  and  statement  to  be 
verified  under  oath  by  the  party  acting  for  and  in  behalf  of  the 
persons  proposing  to  establish  such  city  or  town ;  and  within  one 
month  after  such  filing  there  shall  be  transmitted  to  the  General 
Land  Office  a  verified  transcript  of  such  map  and  statement,  accom- 
panied by  the  testimony  of  two  witnesses  that  such  city  or  town 
has  been  established  in  good  faith,  and  when  the  premises  are  within 
the  limits  of  an  organized  land  district,  a  similar  map  and  statement 
shall  be  filed  with  the  Register  and  Receiver,  and  at  any  time  after 
the  filing  of  such  map,  statement,  and  testimony  in  the  General 
Land  Office  it  may  be  lawful  for  the  President  to  cause  the  lots 
embraced  within  the  limits  of  such  city  or  town  to  be  offered  at 
public  sale  to  the  highest  bidder,  subject  to  a  minimum  of  ten  dollars 
for  each  lot ;  and  such  lots  as  may  not  be  disposed  of  at  public  sale 
shall  thereafter  be  liable  to  private  entry  at  such  minimum,  or  at 
such  reasonable  increase  or  diminution  thereafter  as  the  Secretary 
of  the  Interior  may  order  from  time  to  time,  after  at  least  three 
months'  notice,  in  view  of  the  increase  or  decrease  in  the  value  of 
the  municipal  property.  But  any  actual  settler  upon  any  one  lot, 
as  above  provided,  and  upon  any  additional  lot  in  which  he  may 
have  substantial  improvements  shall  be  entitled  to  prove  up  and 
purchase  the  same  as  a  preemption,  at  such  minimum,  at  any  time 
before  the  day  fixed  for  the  public  sale. 

Sec.  2383.  When  such  cities  or  towns  are  established  upon 
unsurveyed  lands,  it  may  be  lawful,  after  the  extension  thereto  of 
the  public  surveys,  to  adjust  the  extension  limits  of  the  premises 
according  to  those  lines,  where  it  can  be  done  without  interference 
with  rights  which  may  be  vested  by  sale;  and  patents  for  all  lots 
so  disposed  of  at  public  or  private  sale  shall  issue  as  in  ordinary 
cases. 

Sec.  2384.  If  within  twelve  months  from  the  establishment  of  a 
city  or  town  on  the  public  domain,  the  parties  interested  refuse  or 
fail  to  file  in  the  General  Land  Office  a  transcript  map,  with  the 
statement  and  testimony  called  for  by  the  provisions  of  section 
twenty-three  hundred  and  eighty-two,  it  may  be  lawful  for  the 
Secretary  of  the  Interior  to  cause  a  survey  and  plat  to  be  made  of 
such  city  or  town,  and  thereafter  the  lots  in  the  same  shall  be  dis- 
posed of  as  required  by  such  provisions,  with  this  exception,  that 
they  shall  each  be  at  an  increase  of  fifty  per  centum  on  the  minimum 
of  ten  dollars  per  lot. 

Act  approved  July  1,  1864  (13  Stat.,  343,  sees.  2,  3.  and  4). 


213 

Sec.  2385.  In  the  case  of  any  city  or  town,  in  which  the  lots 
may  be  variant  as  to  size  from  the  limitation  fixed  in  section  twenty- 
three  hundred  and  eighty-two,  and  in  which  the  lots  and  buildings, 
as  municipal  improvements,  cover  an  area  greater  than  six  hundred 
and  forty  acres,  such  variance  as  to  size  of  lots  or  excess  in  area 
shall  prove  no  bar  to  such  city  or  town  claim  under  the  provisions 
of  that  section;  but  the  minimum  price  of  each  lot  in  such  city  or 
town,  which  may  contain  a  greater  number  of  square  feet  than  the 
maximum  named  in  that  section,  shall  be  increased  to  such  reason- 
able amount  as  the  Secretary  of  the  Interior  may  by  rule  establish. 

Sec.  2386.  Where  mineral  veins  are  possessed,  which  possession 
is  recognized  by  local  authority,  and  to  the  extent  so  possessed  and 
recognized,  the  title  to  town  lots  to  be  acquired  shall  be  subject  to 
such  recognized  possession  and  the  necessary  use  thereof;  but  noth- 
ing contained  in  this  section  shall  be  so  construed  as  to  recognize 
any  color  of  title  in  possessors  for  mining  purposes  as  against  the 
United  States. 

Act  approved  March  3,  1865  (13  Stat,  530,  sec.  2).  (See  sec. 
2392,  Rev.  Stats.,  and  sec.  16,  Act  of  March  3,  1891,  26  Stat.,  1101, 
infra.) 

(4)     Townsites  Entered  by  Corporate  Authorities  or  Judges  of 
County  Courts  as  Trustees. 

Sec.  2387.  "Whenever  any  portion  of  the  public  lands  have  been 
or  may  be  settled  upon  and  occupied  as  a  townsite,  not  subject  to 
entry  under  the  agricultural  preemption  laws,  it  is  lawful,  in  case 
such  town  be  incorporated,  for  the  corporate  authorities  thereof, 
and,  if  not  incorporated,  for  the  judge  of  the  county  court  for  the 
county  in  which  such  town  is  situated,  to  enter  at  the  proper  land 
office,  and  at  the  minimum  price,  the  land  so  settled  and  occupied  in 
trust  for  the  several  use  and  benefit  of  the  occupants  thereof,  accord- 
ing to  their  respective  interests ;  the  execution  of  which  trust,  as  to 
the  disposal  of  lots  in  such  town,  and  the  proceeds  of  the  sales 
thereof,  to  be  conducted  under  such  regulations  as  may  be  prescribed 
by  the  legislative  authority  of  the  State  or  Territory  in  which  the 
same  may  be  situated.  (35  L.  D.,  320;  36  L.  D.,  85.) 

Sec.  2388.  The  entry  of  the  land  provided  for  in  the  preceding 
section  shall  be  made,  or  a  declaratory  statement  of  the  purpose  of 
the  inhabitants  to  enter  it  as  a  townsite  shall  be  filed  with  the  Reg- 
ister of  the  proper  land  office,  prior  to  the  commencement  of  the 
public  sale  of  the  body  of  land  in  which  it  is  included,  and  the 
entry  or  declaratory  statement  shall  include  only  such  land  as  is 
actually  occupied  by  the  town,  and  the  title  to  which  is  in  the 
United  States ;  but  in  any  Territory  in  which  a  land  office  may  not 
have  been  established,  such  declaratory  statements  may  be  filed 
with  the  Surveyor-General  of  the  surveying  district  in  which  the 
lands  are  situated,  who  shall  transmit  the  same  to  the  General  Land 
Office. 

Sec.  2389.  If  upon  surveyed  lands,  the  entry  shall  in  its  exterior 
limit  be  made  in  conformity  to  the  legal  subdivisions  of  the  public 
lands  authorized  by  law;  and  where  the  inhabitants  are  in  number 
one  hundred,  and  less  than  two  hundred,  shall  embrace  not  exceed- 
ing three  hundred  and  twenty  acres ;  and  in  cases  where  the  inhab- 
itants of  such  town  are  more  than  two  hundred,  and  less  than  one 


214 

thousand,  shall  embrace  not  exceeding  six  hundred  and  forty  acres ; 
and  where  the  number  of  inhabitants  is  one  thousand  and  over  one 
thousand,  shall  embrace  not  exceeding  twelve  hundred  and  eighty 
acres;  but  for  each  additional  one  thousand  inhabitants,  not  exceed- 
ing five  thousand  in  all,  a  further  grant  of  three  hundred  and  twenty 

acres  shall  be  allowed.     (35  L.  D.,  559.) 

****** 

Sec.  2391.  Any  act  of  the  trustees  not  made  in  conformity  to  the 
regulations  alluded  to  in  section  twenty-three  hundred  and  eighty- 
seven  shall  be  void. 

Act  approved  March  2,  1867  (14  Stat.,  541).  (See  similar  Act 
approved  May  23,  1844,  5  Stat.,  657,  repealed  by  Act  approved  July 
1,  1864,  13  Stat.,  344,  sec.  5.) 

Acts  approved  June  23,  1874  (18  Stat.,  254,  sec.  3),  and  March  3, 
1877  (19  Stat.,  392). 

Sec.  2392.  No  title  shall  be  acquired,  under  the  foregoing  pro- 
visions of  this  chapter,  to  any  mine  of  gold,  silver,  cinnabar,  or  cop- 
per ;  or  to  any  valid  mining-claim  or  possession  held  under  existing 
laws. 

Act  approved  March  2,  1867  (14  Stat.,  542),  and  Act  approved 
June  8,  1868  (15  Stat.,  67).  (See  sec.  2386,  Rev.  Stats.,  supra,  and 
sec.  16,  Act  of  March  3,  1891,  26  Stat.,  1101,  infra.) 

Sec.  2393.  The  provisions  of  this  chapter  shall  not  apply  to 
military  or  other  reservations  heretofore  made  by  the  United  States; 
nor  to  reservations  for  light-houses,  custom-houses,  mints,  or  such 
other  public  purposes  as  the  interests  of  the  United  States  may 
require,  whether  held  under  reservations  through  the  Land  Office 
by  title  derived  from  the  Crown  of  Spain,  or  otherwise. 

Act  approved  March  2,  1867  (14  Stat.,  542). 

Sec.  2394.  The  inhabitants  of  any  town  located  on  the  public 
lands  may  avail  themselves,  if  the  town  authorities  choose  to  do  so, 
of  the  provisions  of  sections  twenty-three  hundred  and  eighty-seven, 
twenty-three  hundred  and  eighty-eight,  and  twenty-three  hundred 
and  eighty-nine ;  and,  in  addition  to  the  minimum  price  of  the  lands 
embracing  any  townsite  so  entered,  there  shall  be  paid  by  the  par- 
ties availing  themselves  of  such  provisions  all  costs  of  surveying 
and  platting  any  such  townsite,  and  expenses  incident  thereto 
incurred  by  the  United  States,  before  any  patent  issues  therefor ; 
but  nothing  contained  in  the  sections  herein  cited  shall  prevent  the 
issuance  of  patents  to  persons  who  have  made  or  may  hereafter 
make  entries,  and  elect  to  proceed  under  other  laws  relative  to 
townsites  in  this  chapter  set  forth. 

Act  approved  June  8,  1868  (15  Stat.,  67). 

(5)     Additional  Townsites,  Etc. 

****** 

That  the  existence  or  incorporation  of  any  town  upon  the  public 
lands  of  the  United  States  shall  not  be  held  to  exclude  from  pre- 
emption or  homestead  entry  a  greater  quantity  than  twenty-five 
hundred  and  sixty  acres  of  land,  or  the  maximum  area  which  may 
be  entered  as  a  townsite  under  existing  laws,  unless  the  entire  tract 
claimed  or  incorporated  as  such  townsite  shall,  including  and  in 
excess  of  the  area  above  specified,  be  actually  settled  upon,  inhab- 
ited, improved,  and  used  for  business  and  municipal  purposes. 


215 

Sec.  2.  That  where  entries  have  been  heretofore  allowed  upon 
lands  afterwards  ascertained  to  have  been  embraced  in  the  cor- 
porate limits  of  any  town,  but  which  entries  are  or  shall  be  shown, 
to  the  satisfaction  of  the  Commissioner  of  the  General  Land  Office, 
to  include  only  vacant  unoccupied  lands  of  the  United  States,  not 
settled  upon  or  used  for  municipal  purposes,  nor  devoted  to  any 
public  use  of  such  town,  said  entries,  if  regular  in  all  respects,  are 
hereby  confirmed  and  may  be  carried  into  patent :  Provided,  That 
this  confirmation  shall  not  operate  to  restrict  the  entry  of  any  town- 
site  to  a  smaller  area  than  the  maximum  quantity  of  land  which,  by 
reason  of  present  population,  it  may  be  entitled  to  enter  under  said 
section  twenty-three  hundred  and  eighty-nine  of  the  Revised 
Statutes. 

Sec.  3.  That  whenever  the  corporate  limits  of  any  town  upon 
the  public  domain  are  shown  or  alleged  to  include  lands  in  excess 
of  the  maximum  area  specified  in  section  one  of  this  Act,  the  Com- 
missioner of  the  General  Land  Office  may  require  the  authorities  of 
such  town,  and  it  shall  be  lawful  for  them,  to  elect  what  portion  of 
said  lands,  in  compact  form  and  embracing  the  actual  site  of  the 
municipal  occupation  and  improvement,  shall  be  withheld  from  pre- 
emption and  homestead  entry;  and  thereafter  the  residue  of  such 
lands  shall  be  open  to  disposal  under  the  homestead  and  pre- 
emption laws.  And  upon  default  of  said  town  authorities  to  make 
such  election  within  sixty  days  after  notification  by  the  Commis- 
sioner, he  may  direct  testimony  respecting  the  actual  location  and 
extent  of  said  improvements,  to  be  taken  by  the  Register  and  Re- 
ceiver of  the  district  in  which  such  town  may  be  situated;  and, 
upon  receipt  of  the  same,  he  may  determine  and  set  off  the  proper 
site  according  to  section  one  of  this  Act,  and  declare  the  remaining 
lands  open  to  settlement  and  entry  under  the  homestead  and  pre- 
emption laws;  and  it  shall  be  the  duty  of  the  secretary  of  each  of 
the  Territories  of  the  United  States  to  furnish  the  surveyor-general 
of  the  Territory  for  the  use  of  the  United  States  a  copy  duly  certi- 
fied of  every  Act  of  the  legislature  of  the  Territory  incorporating 
any  city  or  town,  the  same  to  be  forwarded  by  such  secretary  to 
the  surveyor-general  within  one  month  from  date  of  its  approval. 

Sec.  4.  It  shall  be  lawful  for  any  town  which  has  made,  or  may 
hereafter  make  entry  of  less  than  the  maximum  quantity  of  land 
named  in  section  twenty-three  hundred  and  eighty-nine  of  the  Re- 
vised Statutes  to  make  such  additional  entry,  or  entries,  of  con- 
tiguous tracts,  wrhich  may  be  occupied  for  town  purposes  as  when 
added  to  the  entry  or  entries  theretofore  made  will  not  exceed 
twenty-five  hundred  and  sixty  acres.  Provided,  That  such  addi- 
tional entry  shall  not  together  with  all  prior  entries  be  in  excess 
of  the  area  to  which  the  towrn  may  be  entitled  at  date  of  the  addi- 
tional entry  by  virtue  of  its  population  as  prescribed  in  said  section 
twenty-three  hundred  and  eighty-nine. 

Act  approved  March  3,  1877  (19  Stat.,  392). 

(6)      Townsites  on  Mineral  Lands. 

*  *  ::=  #  *  * 

Sec.  16.  That  townsite  entries  may  be  made  by  incorporated 
towns  and  cities  on  the  mineral  lands  of  the  United  States,  but  no 
title  shall  be  acquired  by  such  towns  or  cities  to  any  vein  of  gold, 


216 

silver,  cinnabar,  copper,  or  lead,  or  to  any  valid  mining  claim  or 
possession  held  under  existing  law.  When  mineral  veins  are  pos- 
sessed within  the  limits  of  an  incorporated  town  or  city,  and  such 
possession  is  recognized  by  local  authority  or  by  the  laws  of  the 
United  States,  the  title  to  town  lots  shall  be  subject  to  such  recog- 
nized possession  and  the  necessary  use  thereof,  and  when  entry  has 
been  made  or  patent  issued  for  such  townsites  to  such  incorporated 
town  or  city,  the  possessor  of  such  mineral  vein  may  enter  and 
receive  patent  for  such  mineral  vein,  and  the  surface  ground  apper- 
taining thereto:  Provided,  That  no  entry  shall  be  made  by  such 
mineral-vein  claimant  for  surface  ground  where  the  owner  or  occu- 
pier of  the  surface  ground  shall  have  had  possession  of  the  same 

before  the  inception  of  the  title  of  the  mineral-vein  applicant. 

****** 

Act  approved  March  3,  1891  (26  Stat.,  1101).     (See  sees.  2386 
and  2392,  Kev.  Stats.,  supra.) 

(7)      Townsites  on  Ceded  Indian  Reservations. 


(a)     IN  OKLAHOMA. 

RESERVATIONS    FOR    PARKS,    SCHOOLS,    ETC.,    AND    OKLAHOMA 
HOMESTEAD  COMMUTATIONS  FOR  TOWNSITES. 

****** 

Sec.  22.  That  the  provisions  of  Title  thirty-two,  chapter  eight 
of  the  Revised  Statutes  of  the  United  States  relating  to  "reserva- 
tion and  sale  of  townsites  on  the  public  lands"  shall  apply  to  the 
lands  open,  or  to  be  opened  to  settlement  in  the  Territory  of  Okla- 
homa, except  those  opened  to  settlement  by  the  proclamation  of 
the  President  on  the  twenty-second  day  of  April,  eighteen  hundred 
and  eighty-nine :  Provided,  That  hereafter  all  surveys  for  town- 
sites  in  said  Territory  shall  contain  reservations  for  parks  (of  sub- 
stantially equal  area  if  more  than  one  park)  and  for  schools  and 
other  public  purposes,  embracing  in  the  aggregate  not  less  than  ten 
nor  more  than  twenty  acres ;  and  patents  for  such  reservations,  to 
be  maintained  for  such  purposes,  shall  be  issued  to  the  towns 
respectively  when  organized  as  municipalities:  Provided  further, 
That  in  case  any  lands  in  said-  Territory  of  Oklahoma,  which  may 
be  occupied  and  filed  upon  as  a  homestead,  under  the  provisions  of 
law  applicable  to  said  Territory,  by  a  person  who  is  entitled  to 
perfect  his  title  thereto  under  such  laws,  are  required  for  townsite 
purposes,  it  shall  be  lawful  for  such  person  to  apply  to  the  Secre- 
tary of  the  Interior  to  purchase  the  lands  embraced  in  said  home- 
stead or  any  part  thereof  for  townsite  purposes.  He  shall  file  with 
the  application  a  plat  of  such  proposed  townsite,  and  if  such  plat 
shall  be  approved  by  the  Secretary  of  the  Interior,  he  shall  issue  a 
patent  to  such  person  for  land  embraced  in  said  townsite,  upon  the 
payment  of  the  sum  of  ten  dollars  per  acre  for  all  the  lands  em- 
braced in  such  townsite,  except  the  lands  to  be  donated  and  main- 
tained for  public  purposes  as  provided  in  this  section.  And  the 
sums  so  received  by  the  Secretary  of  the  Interior  shall  be  paid  over 
to  the  proper  authorities  of  the  municipalities  when  organized,  to 

be  used  by  them  for  school  purposes  only. 

****** 

Act  approved  May  2,  1890  (26  Stat.,  91,  sec.  22). 


217 

HOMESTEADS  COMMUTED  FOR  TOWXSITE  PURPOSES  IX  WICHITA, 

COMAXCIIE,   KIOWA,   AND   APACHE   LANDS. 
****** 

That  that  portion  of  section  twenty-two  of  the  Act  approved 
May  second,  eighteen  hundred  and  ninety,  entitled  "An  Act  to  pro- 
vide a  temporary  government  for  the  Territory  of  Oklahoma,  to 
enlarge  the  jurisdiction  of  the  United  States  court  in  the  Indian 
Territory,  and  for  other  purposes,"  providing  for  the  commutation 
for  townsite  purposes  of  homestead  entries  in  certain  instances,  be. 
and  the  same  is  hereby,  made  applicable  to  the  lands  in  the  Terri- 
tory of  Oklahoma  ceded  to  the  United  States  by  the  Wichita  and 
affiliated  bands  of  Indians  and  the  Comanche,  Kiowa,  and  Apache 
tribes  of  Indians,  under  agreements,  respectively,  ratified  by  the 
Acts  of  Congress  of  March  second,  eighteen  hundred  and  ninety- 
five,  and  June  sixth,  nineteen  hundred. 

Act  approved  March  11,  1902  (32  Stat.,  63). 

TOWXSITES   VACATED   IX    COMMUTED   HOMESTEADS. 

*  *  *  That  in  all  cases  where  a  townsite,  or  an  addition  to  a 
townsite,  entered  under  the  provisions  of  section  twenty-two  of  an 
Act  entitled  "An  Act  to  provide  a  temporary  government  for  the 
Territory  of  Oklahoma,  to  enlarge  the  jurisdiction  of  the  United 
States  court  in  the  Indian  Territory,  and  for  other  purposes," 
approved  May  second,  eighteen  hundred  and  ninety,  shall  be  vacated 
in  accordance  with  the  lawrs  of  the  Territory  of  Oklahoma,  and 
patents  for  the  public  reservations  in  such  vacated  townsite,  or  addi- 
tion thereto,  have  not  been  issued,  it  shall  be  lawful  for  the  Com- 
missioner of  the  General  Land  Office,  upon  an  official  showing  that 
such  townsite,  or  addition  thereto,  has  been  vacated,  and  upon  pay- 
ment of  the  homestead  price  for  such  reservations,  to  issue  a  patent 
for  such  reservations  to  the  original  entryman. 

If  the  original  entryman  shall  fail  or  neglect  to  make  applica- 
tion for  the  reservations  within  six  months  from  the  vacation  of 
such  townsite,  or  from  the  passage  of  this  Act,  the  reservations  shall 
be  subject  to  disposal  under  the  provisions  of  section  twenty-four 
hundred  and  fifty-five  of  the  Revised  Statutes  of  the  United  States, 
as  amended  by  the  Act  approved  February  twenty-sixth,  eighteen 
hundred  and  ninety-five. 

Sec.  2.  That  if  a  patent  has  already  issued,  or  shall  hereafter 
issue,  for  any  such  reservation,  to  any  town  or  municipality,  such 
town  or  municipality,  upon  the  vacation  of  the  townsite  or  addition 
thereto,  as  aforesaid,  may  sell  the  same  at  public  or  private  sale  to 
the  highest  bidder  after  thirty  days'  public  notice  of  such  sale,  and 
convey  said  lands  to  the  purchaser  by  proper  deed  of  conveyance, 
and  cover  the  proceeds  of  such  sale  into  the  school  fund  of  such 
town  or  municipality:  Provided,  That  where,  by  reason  of  the 
vacation  of  an  entire  townsite  and  all  its  additions,  the  municipal 
organization  has  ceased  to  exist,  the  reservations  in  such  vacated 
townsite  which  may  have  been  patented  to  the  town  may  be  dis- 
posed of  as  isolated  tracts  under  the  provisions  of  section  twenty- 
four  hundred  and  fifty-five  of  the  Revised  Statutes  of  the  United 
States,  as  amended  by  the  Act  approved  February  twenty-sixth, 
eighteen  hundred  and  ninety-five. 


218 

Sec.  3.     That  all  laws  and  parts  of  laws,  in  so  far  as  they  con- 
flict with  this  Act,  are  hereby  repealed. 

Act  approved  May  11,  1896  (29  Stat.,  116). 


(b)     IN  MINNESOTA. 

TOWNSITES    IX    CEDED    1XDIAX    LAXDS. 

#  *  *  *  *       ,  * 

That  chapter  eight,  title  thirty-two,  of  the  Revised  Statutes  of 
the  United  States,  entitled  "Reservation  and  sale  of  townsites  on 
the  public  lands,"  bo,  and  is  hereby,  extended  to  and  declared  to 
be  applicable  to  ceded  Indian  lands  within  the  State  of  Minnesota. 
This  Act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Act  approved  February  9,  1903  (32  Stat.,  820). 


(c)     IN  SOUTH  DAKOTA. 

TOWNSITES  IX  ROSEBUD  INDIAN  LAXDS  IN  TRIPP  COUNTY. 

•  ••'*'*.* 

Sec.  2.  That  the  land  shall  be  disposed  of  by  proclamation, 
under  the  general  provisions  of  the  homestead  and  townsite  laws  of 
the  United  States,  and  shall  be  opened  to  settlement  and  entry  by 
proclamation  of  the  President,  which  proclamation  shall  prescribe 
the  manner  in  which  these  lauds  may  be  settled  upon,  occupied, 
and  entered  by  persons  entitled  to  make  entry  thereof,  and  no 
person  shall  be  permitted  to  settle  upon,  occupy,  or  enter  any  of 

said  lands  except  as  prescribed  in  such  proclamation. 

****** 

Sec.  4.  That  the  Secretary  of  the  Interior  is  authorized  to 
reserve  from  said  lands  such  tracts  for  townsite  purposes  as  in  his 
opinion  may  be  required  for  the  future  public  interests,  and  he  may 
cause  the  same  to  be  surveyed  into  blocks  and  lots  and  disposed  of 
under  such  regulations  as  he  may  prescribe,  in  accordance  with 
section  twenty-three  hundred  and  eighty-one  of  the  United  States 
Revised  Statutes.  The  net  proceeds  derived  from  the  sale  of  such 
lands  shall  be  credited  to  the  Indians  as  hereinafter  provided.  *  *  * 

Approved  March  2,  1907  (34  Stat.,  1230  and  1231).  See  para- 
graph 9,  proclamation  of  August  24,  1908  (37  L.  D.,  122). 

(d)  IN  NORTH  AND  SOUTH  DAKOTA. 

TOWNSITES  IN   CHEYENNE  RIVER   AND   STANDING  ROCK   LAXDS. 

*  *  =::=*** 

Sec.  2.  That  the  lands  shall  be  disposed  of  by  proclamation 
under  the  general  provisions  of  the  homestead  and  townsite  laws  of 
the  United  States,  and  shall  be  opened  to  settlement  and  entry  by 
proclamation  of  the  President,  which  proclamation  shall  prescribe 
the  manner  in  which  the  lands  may  be  settled  upon,  occupied,  and 
entered  by  persons  entitled  to  make  entry  thereof,  and  no  person 
shall  be  permitted  to  settle  upon,  occupy,  or  enter  any  of  said  lands 

except  as  prescribed  in  such  proclamation: 

****** 

Sec.  5.  That  the  Secretary  of  the  Interior  is  authorized  to 
reserve  from  said  lands  such  tracts  for  townsite  purposes  as  in  his 
opinion  may  be  required  for  the  future  public  interests,  and  he 
may  cause  the  same  to  be  surveyed  into  blocks  and  lots  and  dis- 
posed of  under  such  regulations  as  he  may  prescribe,  in  accordance 


219 

with  section  twenty-three  hundred  and  eighty-one  of  the  United 
States  Revised  Statutes.     The  net  proceeds  derived  from  the  sale 

of  such  lands  shall  be  credited  to  the  Indians  as  hereinafter  provided 

****** 

Approved  May  29,  1908  (35  Stat.,  461  and  463). 


(e)     IN  UTAH. 

TOWN  SITES  IN  UINTAH  LANDS. 

****** 

That  the  said  unallotted  lands,  excepting  such  tracts  as  may 
have  been  set  aside  as  national  forest  reserve,  and  such  mineral 
lands  as  were  disposed  of  by  the  Act  of  Congress  of  May  twenty- 
seventh,  nineteen  hundred  and  two,  shall  be  disposed  of  under  the 
general  provisions  of  the  homestead  and  townsite  laws  of  the  United 
States,  and  shall  be  opened  to  settlement  and  entry  by  proclama- 
tion of  the  President,  which  proclamation  shall  prescribe  the  manner 
in  which  these  lands  may  be  settled  upon,  occupied,  and  entered  by 
persons  entitled  to  make  entry  thereof;  and  no  person  shall  be  per- 
mitted to  settle  upon,  occupy,  or  enter  any  of  said  lands,  except  as 
prescribed  in  said  proclamation,  until  after  the  expiration  of  sixty 
days  from  the  time  when  the  same  are  thereby  opened  to  settlement 
and  entry.  *  *  * 

Act  approved  March  3,  1905  (33  Stat.,  1069).  See  Acts  approved 
May  27,  1902  (32  Stat.,  263),  March  3,  1903  (32  Stat.,  998),  and 
April  21,  1904  (33  Stat.,  207).  Also  see  proclamations  of  July  14, 
31,  and  August  14,  1905  (34  Stat.,  3122,  3139,  and  3143). 


(f)     IN  NEVADA. 

TOWNSITES    IN   WALKER   RIVER    LANDS. 

****** 

And  when  such  allotments  shall  have  been  made,  and  the  consent 
of  the  Indians  obtained  as  aforesaid,  the  President  shall,  by  procla- 
mation, open  the  land  so  relinquished  to  settlement,  to  be  disposed 

of  under  existing  laws. 

****** 

Act  approved  May  27,  1902  (32  Stat.,  261).  See  proclamation  of 
September  26,  1906  (34  Stat.,  3237). 


(g)     IN  WYOMING. 

TOWNSITES  IN  SIIOSIIONE  OR  AVIND  RIVER  LANDS. 

****** 

Sec.  2.  That  the  lands  ceded  to  the  United  States  under  the 
said  agreement  shall  be  disposed  of  under  the  provisions  of  the 
homestead,  townsite,  coal  and  mineral  land  laws  of  the  United 
States  and  shall  be  opened  to  settlement  and  entry  by  proclamation 
of  the  President  of  the  United  States  on  June  fifteenth,  nineteen 
hundred  and  six,  which  proclamation  shall  prescribe  the  manner  in 
which  these  lands  may  be  settled  upon,  occupied,  and  entered  by 
persons  entitled  to  make  entry  thereof,  and  no  person  shall  be 
permitted  to  settle  upon,  occupy,  and  enter  said  lands  except  as 
prescribed  in  said  proclamation  until  after  the  expiration  of  sixty 
days  from  the  time  when  the  same  are  opened  to  settlement  and 
entry,  *  *  *. 


220 

Lands  entered  under  the  townsite,  coal  and  mineral-land  laws 
shall  be  paid  for  in  amount  and  manner  as  provided  by  said  laws. 

f  *  --:*  *  *    ,  * 

Act  approved  March  3,  1905  (33  Stat.,  1021).  See  proclamation 
of  June  2,  1906  (34  Stat.,  3212). 

(h)     IN  MONTANA. 

TOWXSITES  IX  CROW  LAXDS. 

****** 

Sec.  5.  *  *  *  That  the  lands  not  withdrawn  for  irrigation 
under  said  Reservation  Act,  which  lands  shall  be  determined  under 
the  direction  of  the  Secretary  of  the  Interior  at  the  earliest  prac- 
tical date,  shall  be  disposed  of  under  the  homestead,  townsite,  and 
mineral-land  laws  of  the  United  States,  and  shall  be  opened  to 
settlement  and  entry  by  proclamation  of  the  President,  which 
proclamation  shall  prescribe  the  manner  in  which  these  lands  may 
be  settled  upon,  occupied,  and  entered  by  persons  entitled  to  make 
entry  thereof;  and  no  person  shall  be  permitted  to  settle  upon, 
occ-upy,  or  enter  any  of  said  lands,  except  as  prescribed  in  such 
proclamation,  until  after  the  expiration  of  sixty  days  from  the  time 
when  the  same  are  opened  to  settlement  and  entry ;  *  *  * 

That  "the  price  of  said  lands  shall  be  four  dollars  per  acre,  when 
entered  under  the  homestead  laws,  * 

Lands  entered  under  the  townsite  and  mineral-land  laws  shall 
br  paid  for  in  amount  and  manner  as  provided  by  said  laws,  but 
in  no  event  at  a  less  price  than  that  fixed  herein  for  such  lands,  if- 
entered  under  the  homestead  laws,  *  *  *. 

Act  approved  April  27,  1904  (33  Stat.,  360  and  361).  See  proc- 
lamation of  May  24,  1906  (34  Stat.,  3204). 

****** 
TOWNSITES   IN    FLATHEAD    LAXDS. 

Sec.  17.  That  the  Secretary  of  the  Interior  is  hereby  authorized 
and  directed  to  reserve  and  set  aside  for  townsite  purposes,  and  to 
survey,  lay  out,  and  plat  into  town  lots,  streets,  alleys,  and  parks 
not  less  than  forty  acres  of  said  land  at  or  near  each  of  the  present 
settlements  of  Arlee,  Dayton,  Ravalli,  Dixon,  and  Ronan,  and  not 
less  than  eighty  acres  at  the  present  settlements  of  Saint  Ignatius 
and  Poison,  and  at  such  other  places  as  the  Secretary  of  the  Interior 
may  deem  necessary  or  convenient  for  townsites,  in  such  mannei 
as  will  best  subserve  the  present  needs  and  the  reasonable  pros- 
pective growth  of  said  settlements. 

Such  townsites  shall  be  surveyed,  appraised,  and  disposed  of  as 
provided  in  section  twenty-three  hundred  and  eighty-one  of  the 
United  States  Revised  Statutes :  Provided,  That  any  person  who,  at 
the  date  when  the  appraisers  commence  their  work  upon  the  land, 
shall  be  an  actual  resident  upon  any  one  such  lot  and  the  owner  of 
substantial  and  permanent  improvements  thereon,  and  who  shall 
maintain  his  or  her  residence  and  improvements  on  such  lot  to  the 
date  of  his  or  her  application  to  enter,  shall  be  entitled  to  enter,  at 
any  time  prior  to  the  day  fixed  for  the  public  sale  and  at  the 
appraised  value  thereof,  such  lot  and  any  one  additional  lot  of 
which  he  or  she  may  also  be  in  possession  and  upon  which  he  or  she 
may  have  substantial  and  permanent  improvements :  Provided  fur- 
ther, That  before  making  entry  of  any  such  lot  or  lots  the  applicant 


221 

shall  make  proof,  to  the  satisfaction  of  the  register  and  receiver  of 
the  land  district  in  which  the  land  lies,  of  such  residence,  possession, 
and  ownership  of  improvements,  under  such  regulations  as  to  time, 
notice,  manner,  and  character  of  proof  as  may  be  described  by  the 
C'omissioner  of  the  General  Land  Office,  with  the  approval  of  the 
Secretary  of  the  Interior:  Provided  further,  That  in  making, their 
appraisal  of  the  lots  so  surveyed,  it  shall  be  the  duty  of  the  appraisers 
to  ascertain  the  names  of  the  residents  upon  and  occupants  of  any 
such  lots,  the  character  and  extent  of  the  improvements  thereon, 
and  the  name  of  the  reputed  owner  thereof,  and  to  report  their  find- 
ings in  connection  with  their  report  of  appraisal,  which  report  of 
findings  shall  be  taken  as  prima  facie  evidence  of  the  fafcts  therein 
set  out.  All  such  lots  not  so  entered  prior  to  the  date  fixed  for  the 
public  sale  shall  be  offered  at  public  outcry  in  their  regular  order, 
with  the  other  unimproved  and  unoccupied  lots.  That  no  lot  shall 
be  sold  for  less  than  ten  dollars:  And  provided  further,  That  said 
lots  when  surveyed,  shall  approximate  fifty  by  one  hundred  and 
fifty  feet  in  size. 

Act  of  June  21,  1906  (34  Stat.,  354,  amending  Acts  April  23, 1904, 
33  Stat.,  302,  and  March  3,  1905,  33  Stat.,  1048). 

TOWNSITES  IX  BLACKFEET  AND  FORT  PECK  LANDS. 

The  paragraph  relating  to  "Townsites"  in  the  Act  approved 
March  1,  1907  (34  Stat.,  1039),  relative  to  the  townsites  of  Browning 
and  Babb  and  such  other  townsites  as  may  be  reserved  in  the  Black- 
feet  Indian  Reservation,  and  section  14  of  the  Act  approved  May  30, 
1908  (35  Stat.,  563),  relative  to  the  townsite  of  Poplar  and  such 
other  townsites  as  may  be  reserved  in  the  "Fork  Peck  Indian  Reser- 
vation," are  in  substance  the  same  as  section  17  in  the  Flathead  Act 
above  quoted,  except  that  the  Act  concerning  townsites  in  the  Fort 
Peck  Reservation  grants  a  preference  right  of  entry  to  five  instead 
of  two  lots. 


(i)    IN  WASHINGTON. 

TOWNSITES  IN  COLVILLE  LANDS. 
»****» 

Sec.  11.  That  nothing  contained  in  this  Act  shall  prohibit  the 
Secretary  of  the  Interior  from  reserving  from  said  lands,  whether 
surveyed  or  unsurveyed,  such  tracts  for  townsite  purposes,  as  in 
his  opinion  may  be  required  for  the  future  public  interests,  and  he 
may  cause  any  such  reservation,  or  parts  thereof,  to  be  surveyed 
into  blocks  and  lots  of  suitable  size,  and  to  be  appraised  and  dis- 
posed of  under  such  regulations  as  he  may  prescribe,  and  the  net 
proceeds  derived  from  the  sale  of  such  lands  shall  be  paid  to  said 

Indians,  as  provided  in  section  six  of  this  Act: 

##***# 

Approved  March  22,  1906  (34  Stat.,  82). 

TOWNSITES  IN  SPOKANE  LANDS. 
****** 

Sec.  4.  That  the  Secretary  of  the  Interior  *  *  *  is  further 
authorized  and  directed  to  reserve  and  set  aside  such  tracts  as  he 
may  deem  necessary  or  convenient  for  townsite  purposes,  and  he 
may  cause  any  such  reservations  to  be  surveyed  into  lots  and  blocks 
of  suitable  size  and  to  be  appraised  and  disposed  of  under  such  regu- 
lations as  he  may  prescribe,  and  the  net  proceeds  derived  from  the 


222 

sale  of  such  lands  shall  be  deposited  in  the  Treasury  of  the  United 
States  to  the  credit  of  the  Indians  of  the  Spokane  Reservation. 

****** 

Act  approved  May  29,  1908  (35  Stat,  459). 


(j)  IN  IDAHO. 

TOWNSITES  IN   COEUR   D^ALENE   LANDS. 

****** 

That  the  Secretary  of  the  Interior  shall  reserve  from  said  lands, 
whether  surveyed  or  unsurveyed,  such  tracts  for  townsite  purposes 
as  in  his  opinion  may  be  required  for  the  future  public  interests,  and 
he  may  cause  any  such  reservations,  or  parts  thereof,  to  be  surveyed 
into  blocks  and  lots  of  suitable  size,  and  to  be  appraised  and  dis- 
posed of  under  such  regulations  as  he  may  prescribe,  and  the  net 
proceeds  derived  from  the  sale  of  such  lands  shall  be  paid  to  said 

Indians  as  provided  in  section  seven  of  this  Act: 

****** 

Act  Approved  June  21,  1906  (34  Stat.,  337). 


(k)     IN  CALIFORNIA  AND  ARIZONA 

TOWNSITES  IN  YUMA  AND  COLORADO  RIVER  LANDS. 

*  ***** 

There  is  also  appropriated  out  of  any  money  in  the  Treasury  not 
otherwise  appropriated,  the  further  sum  of  five  thousand  dollars,  or 
so  much  thereof  as  may  be  necessary,  to  enable  the  Secretary  of  the 
Interior  to  reserve  and  set  apart  lands  for  townsite  purposes  in  the 
Yuma  Indian  Reservation,  California,  and  the  Colorado  River  Indian 
Reservation  in  California  and  Arizona,  and  to  survey,  plat,  and  sell 
the  tracts  so  set  apart  in  such  manner  as  he  may  prescribe,  the  net 
proceeds  to  be  deposited  in  the  Treasury  of  the  United  States  to  the 
credit  of  the  Indians  of  the  reservations,  respectively,  to  be  reim- 
bursed out  of  the  funds  arising  from  the  sale  of  the  lands. 

*  ***** 

Act  approved  April  30,  1908  (35  Stat.,  77). 

(8)     Townsites  in  Reclamation  Projects. 

*  *  *  That  the  Secretary  of  the  Interior  may  withdraw  from 
public  entry  any  lands  needed  for  townsite  purposes  in  connection 
with  irrigation  projects  under  the  reclamation  Act  of  June  seven- 
teenth, nineteen  hundred  and  two,  not  exceeding  one  hundred  and 
sixty  acres  in  each  case,  and  survey  and  subdivide  the  same  into 
town  lots,  with  appropriate  reservations  for  public  purposes. 

Sec.  2.  That  the  lots  so  surveyed  shall  be  appraised  under  tho 
direction  of  the  Secretary  of  the  Interior  and  sold  under  his  direction 
at  not  less  than  their  appraised  value  at  public  auction  to  the  highest 
bidders,  from  time  to  time,  for  cash,  and  the  lots  offered  for  salu 
and  not  disposed  of  may  afterwards  be  sold  at  not  less  than  th<; 
appraised  value  under  such  regulations  as  the  Secretary  of  the 
Interior  may  prescribe.  Reclamation  funds  may  be  used  to  defray 
the  necessary  expenses  of  appraisement  and  sale,  and  the  proceeds 
of  such  sales  shall  be  covered  into  the  reclamation  fund. 

Sec.  3.  That  the  public  reservations  in  such  townsites  shall  be 
improved  and  maintained  by  the  town  authorities  at  the  expense  of 
the  town;  and  upon  the  organization  thereof  as  municipal  corpora- 


223 

tions  the  said  reservations  shall  be  conveyed  to  such  corporations  by 
the  Secretary  of  the  Interior,  subject  to  the  condition  that  they 
shall  be  used  forever  for  public  purposes. 

Sec.  4.  That  the  Secretary  of  the  Interior  shall,  in  accordance 
with  the  provisions  of  the  reclamation  Act,  provide  for  water  rights 
in  amount  he  may  deem  necessary  for  the  towns  established  as  herein 
provided,  and  may  enter  into  contract  with  the  proper  authorities 
of  such  towns,  and  other  towns  or  cities  on  or  in  the  immediate 
vicinity  of  irrigation  projects,  which  shall  have  a  water  right  from 
the  same  source  as  that  of  said  project  for  the  delivery  of  such 
water  supply  to  some  convenient  point,  and  for  the  payment  into 
the  reclamation  fund  of  charges  for  the  same  to  be  paid  by  such 
towns  or  cities,  which  charges  shall  not  be  less  nor  upon  terms  more 
favorable  than  those  fixed  by  the  Secretary  of  the  Interior  for  the 
irrigation  project  from  which  the  water  is  taken. 

Sec.  5.  That  whenever  a  development  of  power  is  necessary  for 
the  irrigation  of  lands  under  any  project  undertaken  under  the  said 
reclamation  Act,  or  an  opportunity  is  afforded  for  the  development 
of  power  under  any  such  project,  the  Secretary  of  the  Interior  is 
authorized  to  lease  for  a  period  not  exceeding  ten  years,  giving 
preference  to  the  municipal  purposes,  any  surplus  power  or  power 
privilege,  and  the  moneys  derived  from  such  leases  shall  be  covered 
into  the  reclamation  fund  and  be  placed  to  the  credit  of  the  project 
from  which  such  power  is  derived :  Provided,  That  no  lease  shall  be 
made  of  such  surplus  power  or  power  privilege  as  will  impair  effi- 
ciency of  the  irrigation  project. 

Act  approved  April  16,  1906  (34  Stat.,  116). 

AMENDMENT  TO  ABOVE  ACT. 

*  ***** 

Sec.  4.  *  *  *  Whenever,  in  the  opinion  of  the  Secretary  of  the 
Interior,  it  shall  be  advisable  for  the  public  interest,  he  may  with- 
draw and  dispose  of  townsites  in  excess  of  one  hundred  and  sixty 
acres  under  the  provisions  of  the  aforesaid  Act,  approved  April  six- 
teenth, nineteen  hundred  and  six,  and  reclamation  funds  shall  be 
available  for  the  payment  of  all  expenses  incurred  in  executing  the 
provisions  of  this  Act,  and  the  aforesaid  Act  of  April  sixteenth,  nine- 
teen hundred  and  six,  and  the  proceeds  of  all  sales  of  townsites  shall 

be  covered  into  the  reclamation  fund. 

*  *  *  *  *  # 

Act  approved  June  27,  1906  (34  Stat.,  520). 

(9)     Aliens  May  Acquire  Town  Lots  in  the  Territories. 

*  ***** 

Sec.  2.  *  *  *  This  Act  shall  not  be  construed  to  prevent  any 
persons  not  citizens  of  the  United  States  from  acquiring  or  holding 
lots  or  parcels  of  lands  in  any  incorporated  or  platted  city,  town,  or 

village,  *  *  *  in  any  of  the  Territories  of  the  United  States. 

*  *    •  *  *  *  # 

Act  approved  March  2,  1897  (29  Stat.,  618). 
(10)     Parks  and  Cemeteries. 

That  incorporated  cities  and  towns  shall  have  the  right,  under 
rules  and  regulations  prescribed  by  the  Secretary  of  the  Interior,  to 
purchase  for  cemetery  and  park  purposes  not  exceeding  one-quarter 
section  of  public  lands  not  reserved  for  public  use,  such  lands  to  be 


within  three  miles  of  such  cities  or  towns :  Provided,  That  when  such 
city  or  town  is  situated  within  a  mining  district,  the  land  proposed 
to  be  taken  under  this  Act  shall  be  considered  as  mineral  lands,  and 
patent  to  such  land  shall  not  authorize  such  city  or  town  to  extract 
mineral  therefrom,  but  all  such  mineral  shall  be  reserved  to  the 
United  States,  and  such  reservation  shall  be  entered  in  such  patent. 
Act  approved  September  30,  1890  (26  Stat.,  502). 

(11)     Cemeteries. 

That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  authorized 
to  sell  and  convey  to  any  religious  or  fraternal  association,  or  pri- 
vate corporation,  empowered  by  the  laws  under  which  such  corpora- 
tion or  association  is  organized  or  incorporated  to  hold  real  estate  for 
cemetery  purposes,  not  to  exceed  eighty  acres  of  any  unappropriated 
non-mineral  public  lands  of  the  United  States  for  cemetery  purposes, 
upon  the  payment  therefor  by  such  corporation  or  association  of 
the  sum  of  not  less  than  one  dollar  and  twenty-five  cents  per  acre : 
Provided,  That  title  to  any  land  disposed  of  under  the  provisions 
of  this  Act  shall  revert  to  the  United  States,  should  the  land  or 
any  part  thereof  be  sold  or  cease  to  be  used  for  the  purpose  herein 
provided. 

Act  approved  March  1,  1907  (34  Stat.,  1052). 

TOWNSITE  REGULATIONS. 
(12)    County-Seat  Townsites. 

Under  Section  2286,  U.  S.  Rev.  Stats.,  160  acres  of  public  land 
may  be  entered,  at  the  minimum  price  therefor,  by  a  county  or 
parish,  for  the  establishment  therein  of  a  seat  of  justice,  the  pro- 
ceeds of  the  sale  of  a  tract  so  entered  to  be  devoted  to  the  erection 
of  public  buildings  in  the  county  or  parish  making  the  entry. 

The  application  should  cite  said  section  of  the  statute  and 
describe  the  land  applied  for  by  legal  subdivisions,  and  be  signed 
by  an  officer  of  the  county  or  parish  authorized  to  do  so  by  an  order 
of  the  county  or  parish  board,  and  such  application  should  be  filed 
in  the  proper  local  land  office,  together  with  the  notice  of  intention 
to  make  proof  in  the  form  prescribed  by  Act  approved  March  3, 
1879  (20  Stat.,  472). 

Proof  and  Payment. — The  land  must  be  paid  for  at  the  govern- 
ment price  per  acre  after  proof  has  been  furnished  satisfactorily 
showing — 

First.  Six  weeks'  publication  and  posting  of  notice  of  making 
proof  as  in  homestead  and  other  cases. 

Second.  The  official  character  of  the  officer  filing  the  applica- 
tion and  the  properly  certified  record  proof  of  his  authority  therefor. 

Third.  The  due  establishment,  under  the  laws  of  the  State  or 
Territory,  of  the  seat  of  justice  for  the  county  upon  the  land  applied 
for,  and  also  a  reference  to  the  law  creating  suth  county. 

Fourth.  That  the  land  applied  for  is  unappropriated  public 
land. 

The  corporate  name  of  the  county  must  be  inserted  in  the  grant- 
ing clause  of  the  certificate  of  entry. 

(13)     Townsite  Reserved  by  President. 

Under  Section  2380,  U.  S.  Rev.  Stats.,  public  land  may  be  reserved 
by  the  President  for  townsite  purposes  on  his  own  motion,  or  peti- 


225 

tions  may  be  addressed  to  him  therefor,  setting  forth  facts  warrant- 
ing his  action  under  said  section,  duly  verified  by  the  affidavit  of  one 
or  more  persons,  such  petitions  to  be  filed  with  the  President,  the 
Department,  or  this  office,  or  with  the  local  officers  for  transmission 
to  this  office. 

Survey  and  Appraisal. — Townsites  reserved  under  section  2380, 
or  under  any  other  law  directing  their  disposition  under  section 
2381,  will  be  surveyed,  when  ordered  by  the  Department,  under  the 
supervision  of  this  Office,  into  urban,  or  urban  and  suburban,  lots 
and  blocks,  and  thereafter  the  lots  and  blocks  will  be  appraised  by 
such  disinterested  person  or  persons  as  may  be  appointed  by  the 
Secretary  of  the  Interior.  Each  appraiser  must  take  his  oath  of 
office  and  transmit  the  same  to  this  Office  before  proceeding  with 
his  work.  This  Office  must  be  notified  by  wire  of  the  time  when  such 
appraiser  or  appraisers  enter  on  duty.  They  will  examine  each  lot 
to  be  appraised  and  determine  the  fair  and  just  cash  value  thereof. 
Improvements  on  such  lots,  if  any,  must  not  be  considered  in  fixing 
such  value.  Lots  or  blocks  reserved  for  public  purposes  will  not 
be  appraised. 

The  schedule  of  appraisement  must  be  prepared  in  duplicate  on 
forms  furnished  by  this  Office,  and  the  certificates  at  the  end  thereof 
must  be  signed  by  each  appraiser,  and  on  being  so  completed  they 
must  be  immediately  transmitted  to  this  Office,  and  when  approved 
by  the  Secretary  of  the  Interior  one  copy  will  be  sent  to  the  local 
officers. 

Notices  of  sale  will  be  published  for  thirty  days  (unless  a  shorter 
time  be  fixed  in  a  special  case)  by  advertisement  in  such  newspapers 
as  the  Department  may  select  and  by  posting  a  copy  of  the  notice 
in  a  conspicuous  place  in  the  Register's  office. 

How  Sold. — Beginning  on  the  day  fixed  in  the  notice  and  con- 
tinuing thereafter  from  day  to  day  (Sundays  and  legal  holidays 
excepted)  as  long  as  may  be  necessary,  each  appraised  lot  will  be 
offered  for  sale  at  public  outcry  to  the  highest  bidder  for  cash,  at 
not  less  than  its  appraised  value. 

Qualifications  and  Restrictions. — No  restriction  is  made  as  to  the 
number  of  lots  one  person  may  purchase.  Bids  and  payments  may 
be  made  through  agents,  but  not  by  mail  or  at  any  time  or  place 
other  than  that  fixed  in  the  notice  of  sale. 

Combinations  in  restraint  of  the  sale  or  forbidden  by  section 
2373  of  the  Revised  Statutes  of  the  United  States,  which  reads  as 
follows : 

Every  person  who,  before  or  at  the  time  of  the  public  sale  of  any  of  the 
lands  of  the  United  States,  bargains,  contracts,  or  agrees,  or  attempts  to  bar- 
gain, contract,  or  agree  with  any  other  person,  that  the  last-named  person  shall 
not  bid  upon  or  purchase  the  land  so  offered  for  sale,  or  any  parcel  thereof, 
or  who  by  intimidation,  combination,  or  unfair  management,  hinders  or  pre- 
vents, or  attempts  to  hinder  or  prevent  any  person  from  bidding  upon  or  pur- 
chasing any  tract  of  land  so  offered  for  sale,  shall  be  fined  not  more  than  one 
thousand  dollars,  or  imprisoned  not  more  than  two  years,  or  both. 

Suspension  or  postponement  of  the  sale  may  be  made  for  the 
time  being,  to  a  further  day,  or  indefinitely,  in  case  of  any  combi- 
nation which  effectually  suppresses  competition  or  prevents  the  sale 
of  any  lot  at  its  reasonable  value,  or  in  case  of  any  disturbance 
which  interrupts  the  orderly  progress  of  the  sale. 

Payments  and  Forfeitures. — If  any  bidder  to  whom  a  lot  has 


226 

been  awarded  fails  to  make  the  required  payment  therefor  to  the 
Receiver,  before  the  close  of  the  office  on  the  day  the  bid  was 
accepted,  the  right  thereafter  to  make  such  payment  will  be  deemed 
forfeited,  and  the  lot  will  be  again  offered  for  sale  on  the  following 
day,  or  if  the  sale  has  been  closed,  then  such  lot  will  be  considered  as 
offered  and  unsold,  and  all  bids  thereafter  by  the  defaulting  bidder 
may,  in  the  discretion  of  the  local  officers,  be  rejected. 

Lots  Offered  and  Unsold. — Each  lot  offered  and  remaining  unsold 
at  the  close  of  the  sale  will  thereafter  be  and  remain  subject  to 
private  sale  and  entry,  for  cash,  at  the  appraised  value  of  such  lot. 

Certificates. — All  lots  purchased  at  the  same  time,  in  the  same 
manner,  in  the  same  townsite,  and  by  the  same  person  should  be 
included  in  one  certificate,  in  order  to  prevent  unnecessary  multi- 
plicity of  patents.  Lots  sold  at  private  sale  should  be  accompanied 
by  an  application  therefor,  signed  by  the  applicant.  Certificates 
will  be  issued  upon  payment  of  the  purchase  price,  as  in  other  cases. 

(14)     Townsites  Platted  by  Occupants. 

Title  to  lots  and  blocks  in  an  established  town  on  public  land 
may  be  acquired  under  sections  2382  to  2386,  inclusive,  U.  S.  Rev. 
Stats. 

Survey  and  Plat. — The  occupants,  at  their  own  expense,  must 
cause  a  survey  of  the  land  into  lots,  blocks,  streets  and  alleys  to  be 
made,  and  the  plat  and  field  notes  thereof  to  be  filed  with  the 
Recorder  of  the  county  in  which  the  land  is  situated.  The  plat  must 
show  (1)  that  the  land  does  not  include  an  area  in  excess  of  640 
acres,  unless  the  lots,  buildings,  and  improvements  cover  a  greater 
area,  and  then  only  to  the  extent  so  occupied  and  improved ;  (2)  that 
the  boundaries  of  the  land  are  correctly  shown  and  described  thereon 
according  to  the  lines  of  the  public  surveys,  or  if  not  so  surveyed, 
then  that  the  exterior  lines  of  the  townsite  survey  are  tied  to  a 
designated,  permanent,  and  thoroughly  identified  monument;  (3) 
that  the  streets,  squares,  blocks,  lots,  and  alleys,  the  dimensions  of 
the  same,  with  measurements,  courses,  and  area  of  each  municipal 
subdivision,  and  the  name  of  the  town  are  correctly  delineated 
thereon ;  and  (4)  the  exterior  lines  of  all  existing  railroad  rights  of 
way  and  station  grounds.  The  lots  should  not  exceed  4,200  square 
feet,  except  in  cases  where  the  configuration  necessitates  a  different 
area.  The  above  required  facts  should  be  verified  by  the  oath  of  the 
surveyor  entered  upon  the  margin  of  the  plat. 

A  statement  of  the  extent  and  general  character  of  the  improve- 
ments on  the  land  must  be  filed  with  the  plat  and  field  notes,  and 
such  plat  and  statements  must  be  verified  by  the  oath  of  the  party 
acting  for  and  in  behalf  of  the  occupants  of  the  land. 

Transcript  of  Plat  and  Statement. — Within  one  month  after  fil- 
ing such  plat,  field  notes,  and  statement,  a  transcript  thereof  in 
duplicate,  each  duly  verified  by  the  certificate  of  the  County 
Recorder,  and  accompanied  by  the  testimony  of  two  witnesses  that 
such  town  has  been  established  in  good  faith,  and  showing  the  num- 
ber of  inhabitants  thereof,  and  when  it  was  so  established,  shall  be 
filed  with  the  Register  and  receiver  of  the  land  office  in  which  the 
townsite  is  located,  who  will  immediately  transmit  the  same  to  this 
Office  for  consideration,  and  upon  the  approval  thereof  one  of  said 


227 

duplicate  plats  and  statements  will  be  returned  to  the  local  officers 
for  their  files. 

Notice  of  Filing  Plat. — On  filing  such  plat  and  statement  the 
Register  and  Receiver  will  prepare  and  conspicuously  post  in  their 
office  a  notice  to  the  effect  that  the  official  plat  of  such  townsite  has 
been  filed  in  their  office,  and  that  they  are  ready  to  receive  appli- 
cations by  lot  occupants  to  make  proof  for  and  purchase  the  lots 
occupied  by  them,  respectively.  The  newspapers  in  the  vicinity 
should  be  given  copies  of  the  notice  as  an  item  of  news,  and  such 
other  publicity  should  be  given  it  as  can  be  done  without  expense. 

Adjustment  to  Lines  of  Public  Survey. — When  the  townsite  is 
upon  land  over  which  the  township  surveys  have  not  been  extended, 
the  Surveyor-General  will  be  notified  of  the  townsite  survey  and 
be  furnished  by  this  Office  with  an  outline  plat  showing  the  exterior 
lines  thereof,  with  courses  and  distances,  the  date  of  the  survey  and 
the  approval  thereof,  and  thereafter  when  the  township  surveys 
have  been  extended  over  the  land  the  exterior  lines  of  the  townsite 
may  be  adjusted  thereto  where  it  can  be  done  without  impairing 
vested  rights. 

Department  May  Make  Townsite  Survey. — Refusal  or  failure  to 
file  such  transcript,  plat,  field  notes,  and  statement,  with  the  testi- 
mony, as  above  required,  within  twelve  months  from  the  establish- 
ment of  a  town  on  the  public  domain,  will  authorize  the  Secretary 
of  the  Interior  to  cause  a  survey  and  plat  to  be  made  thereof,  the 
lots  in  which  shall  be  disposed  of  at  an  increase  of  fifty  per  centum 
on  the  minimum  price. 

The  minimum  price  for  all  lots  of  4,200  square  feet  or  less  is 
$10  per  lot,  except  in  cases  where  the  Secretary  of  the  Interior  causes 
the  survey  into  lots  and  blocks  to  be  made  by  the  Government,  in 
which  case  the  minimum  price  is  $15  per  lot  for  such  lots.  The 
minimum  price  for  all  lots  in  excess  of  4,200  square  feet  will  be 
computed  by  adding  to  said  minimum  price  of  $10  or  $15,  as  the 
case  may  be,  the  sum  of  $4  for  each  additional  1,000  square  feet  or 
fractional  part  thereof  in  excess  of  4,200  square  feet. 

A  preemption  right  of  purchase  at  the  minimum  price,  at  any 
time  before,  the  day  fixed  for  the  public  sale,  of  not  exceeding  two 
lots,  is  accorded  an  actual  resident,  to  secure  which  he  must  file  in 
the  local  Office  his  application  therefor,  and  therein  state  the  date  of 
settlement,  the  value  and  character  of  his  improvements  thereon, 
that  he  is  21  years  of  age  or  over  or  the  head  of  a  family,  and  that 
he  is  a  citizen  of  the  United  States  or  has  declared  his  intention  to 
become  such.  The  notice  of  intention  to  make  proof  must  be  filed 
and  the  notice  for  publication  must  be  issued,  published,  and  posted 
at  the  applicant's  expense  as  in  ordinary  cases  and  in  manner  and 
form  and  for  the  time  as  provided  in  the  Act  of  March  3,  1879  (20 
Stat.,  472). 

Preemption  proof  may  be  made  before  the  Register  and  Receiver, 
or  any  officer  duly  authorized  by  law,  and  must  show  by  record  or 
documentary  evidence  where  such  evidence  is  usually  required, 
and  where  not  so  required  by  the  testimony  of  witnesses,  (1)  due 
publication  of  the  Register's  notice;  (2)  the  claimant's  age;  (3) 
his  citizenship;  and  (4)  his  actual  residence  upon  one  lot  and  sub- 
stantial improvements  on  the  second  lot,  if  two  lots  be  included  in 


228 

the  application.  The  proof  must  embrace  the  testimony  of  the  appli- 
cant and  of  at  least  two  of  his  advertised  witnesses.  The  pur- 
chase price  for  the  lot  or  lots  must  be  paid  to  the  Receiver  when  the 
proof  is  made.  Entry  of  public  lands  under  other  laws,  or  in  other 
townsites,  or  ownership  of  more  than  320  acres,  will  not  disqualify 
an  applicant  from  making  such  entry.  No  entry  can  be  made  of  an 
improved  lot  on  which  the  claimant  does  not  reside  unless  his  resi- 
dence lot  is  included  in  the  same  or  a  previous  entry. 

Hearings  will  be  ordered  and  conducted  in  accordance  with  the 
Rules  of  Practice  where  two  or  more  adverse  applications  are  filed 
for  the  same  lot,  or  where  a  sufficient  contest  affidavit  is  filed  against 
an  application,  on  or  before  the  day  fixed  for  making  proof,  but  no 
purchase  money  will  be  collected  from  the  applicants  until  the  final 
determination  of  the  case,  whereupon  the  successful  applicant  will 
be  required  to  pay  the  purchase  price  within  thirty  days  from  notice 
thereof. 

Mineral  surveys,  locations,  applications,  and  entries  covering  lots 
in  such  townsites  will  not  prevent  the  entry  of  such  lots  hereunder 
and  the  issuance  of  patent  thereon,  but  such  mineral  claims,  if  held 
under  prior  and  valid  mineral  rights,  are  amply  protected  by  the 
law  from  prejudice  by  the  allowance  of  such  town-lot  entries  and 
patents,  and  paramount  patents  may  be  issued  thereafter  to  such 
mineral  claimants. 

Mineral  Patents. — Lots  wholly  covered  by  outstanding  mineral 
patents  are  not  subject  to  entry  under  the  townsite  law,  and  appli- 
cations therefor  will  be  rejected.  Lots  partly  covered  by  mineral 
patents  may  be  entered  at  the  price  fixed  for  the  whole  lot,  but  the 
certificate  and  receipt  must  contain  at  the  end  of  the  description  an 
exception  clause  as  follows:  ''Excepting  and  excluding  the  por- 
tion of  said  lot  (or  lots)  embraced  in  mineral  patent  (or  patents) 
heretofore  issued." 

Millsites. — The  continued  use  and  occupation  within  a  townsite 
of  a  duly  located  millsite  claim  under  section  2337,  U.  S.  Rev.  Stats., 
from  a  time  prior  to  a  settlement  and  occupation  thereon  for  town- 
site  purposes,  will  defeat  the  rights  of  the  claimant  under  the  town- 
site  laws  to  any  part  of  the  land  within  such  millsite. 

Railroad  rights  of  way  and  station  grounds,  when  approved  by 
the  Department,  are  subject  to  all  valid  rights  existing  at  the  date 
of  filing  the  application  for  such  rights  of  way  or  station  grounds. 

Forfeiture  of  Preemption  Right. — All  right  to  preempt  and  pur- 
chase occupied  and  improved  lots  for  which  no  entry  has  been 
allowed  prior  to  or  on  the  date  fixed  for  the  public  sale  will  be 
forfeited  unless  a  contest  be  pending  thereon  as  hereinbefore  pro- 
vided, and  such  lots  will  be  offered  for  sale  together  with  the  unoc- 
cupied lots.  "When  notified  of  the  date  fixed  for  the  public  sale, 
the  Register  and  Receiver  will  refuse  to  receive  or  consider  any 
such  application  for  entry  where  due  publication  could  not  be  had 
and  proof  made  thereon  prior  to  the  date  so  fixed  for  the  public 
sale. 

Public  Sale. — The  notice  of  public  sale  will  be  prepared  and  pub- 
lished in  the  form  and  manner  herein  provided  for  the  sale  of  town 
lots  under  section  2381,  U.  S.  Rev.  Stats.,  and  the  sale  will  be  con- 
ducted in  the  same  manner  and  subject  to  the  same  restrictions, 
except  that  no  lot  shall  be  sold  for  less  than  the  minimum  price 


herein  fixed  therefor,  and  such  lots  as  may  not  be  so  disposed  of  shall 
thereafter  be  liable  to  private  entry  at  such  minimum,  or  at  such 
reasonable  increase  or  diminution  as  the  Secretary  of  the  Interior 
may  order  from  time  to  time  after  at  least  three  months'  notice. 
Certificates  and  applications  for  private  entry  must  be  issued  and 
filed  in  manner  and  form  as  provided  in  the  regulations  under  said 
section  2381. 

(15)     Townsites  Entered  by  Corporate  Authorities  or  Judges  of 
County  Courts  as  Trustees. 

Segregation  by  Townsite  Settlement. — Public  lands  settled  upon 
and  occupied  as  a  townsite  are  thereby  segregated  from  entry  under 
the  agricultural  land  laws,  and  may  be  entered  under  sections  2387 
to  2389,  subject  to  the  restrictions  contained  in  sections  2386  and 
2391  to  2393,  inclusive,  U.  S.  Rev.  Stats. 

Entries,  by  Whom  Made. — If  the  town  is  incorporated  the  entry 
must  be  made  by  the  corporate  authorities  or  by  the  Mayor  or  other 
principal  officer  authorized  so  to  do  by  resolution  or  ordinance  of  the 
Towrn  Board  or  City  Council.  If  the  town  is  not  incorporated,  the 
entry  must  be  made  by  the  Judge  of  the  County  Court  upon  petition 
addressed  to  him  therefor,  signed  by  such  number  of  actual  occu- 
pants of  lots  therein  as  may  be  required  by  the  laws  of  the  State  or 
Territory  in  which  the  town  is  situated.  Private  individuals,  organ- 
izations, or  corporations  are  not  authorized  to  make  such  entries. 

A  Double  Trust. — The  entry  must  be  made  in  trust  (1),  as  to  the 
occupied  lots,  for  the  several  use  ard  benefit  of  the  occupants  thereof 
according  to  their  respective  interests,  and  (2)  as  to  the  unoccupied 
lots,  for  the  use  and  benefit  of  the  municipality,  the  public,  or  the 
occupants  collectively  as  a  community.  Such  entries  can  not  be 
made  for  the  benefit  of  one  individual,  or  organization,  or  corpora- 
tion, but  only  for  the  benefit  of  the  actual  inhabitants  and  occupants 
of  an  established  town.  Prospective  townsites  can  not  be  so  entered. 

The  execution  of  the  trust  as  to  the  disposal  of  the  lots  and  the 
proceeds  of  sales  is  to  be  conducted  under  regulations  prescribed  by 
the  State  or  Territorial  laws.  Acts  of  trustees  not  in  accordance 
with  such  regulations  are  void. 

The  amount  of  land  that  may  be  entered  under  this  Act  is  pro- 
portionate to  the  number  of  inhabitants.  One  hundred  and  less  than 
two  hundred  inhabitants  may  enter  not  to  exceed  320  acres;  two 
hundred  and  less  than  one  thousand  inhabitants  may  enter  not  to 
exceed  640  acres;  and  where  the  inhabitants  number  one  thousand 
and  over  an  amount  not  to  exceed  1,280  acres  may  be  entered;  and 
for  each  additional  one  thousand  inhabitants,  not  to  exceed  five 
thousand  in  all,  a  further  amount  of  320  acres  may  be  allowed. 
When  the  number  of  inhabitants  of  a  town  is  less  than  one  hundred 
the  townsite  shall  be  restricted  to  the  land  actually  occupied  for 
town  purposes,  by  legal  subdivisions. 

Unsurveyed  public  land  upon  which  a  town  has  been  established 
may  be  entered  hereundcr.  In  such  case  a  special  survey  should  be 
procured  by  application  to  the  Surveyor-General  therefor,  the  cost 
of  which  survey  will  be  paid  out  of  the  general  appropriations  for 
public  surveys.  When  the  plat  of  such  survey  is  filed  in  the  local 
Office,  application  may  be  made  to  enter  the  land  described  therein. 

Declaratory  statements  may  be  filed  as  the  initiatory  step  for  the 


230 

entry  of  the  laud  in  all  cases  where  the  occupants  are  not  ready  to 
apply  for  entry,  and  should  be  so  filed  in  order  to  protect  their 
rights.  The  statement  should  be  signed  and  filed  by  the  officer 
entitled  to  make  entry  under  the  law,  and  should  show  the  number 
of  inhabitants,  that  the  land  is  occupied  for  trade,  business,  and 
other  townsite  purposes,  and  the  date  when  first  so  occupied,  and 
declare  the  purpose  of  the  occupants  to  enter  it  under  the  townsite 
laws.  It  should  include  only  such  lands  as  the  town  is  entitled  to 
enter  by  Government  subdivisions  where  surveyed,  and  if  not  sur- 
veyed the  land  should  be  described  so  it  may  be  easily  identified. 

Proof. — The  notice  of  intention  to  make  proof  must  be  filed  and 
the  notice  for  publication  must  be  issued,  published,  and  posted  at 
the  applicant's  expense  as  in  ordinary  cases,  and  in  manner  and 
form  and  for  the  time  provided  in  the  Act  of  March  3,  1879  (20 
Stat.,  472).  The  proof  may  be  made  before  the  Register  and 
Receiver  or  any  officer  duly  authorized  by  law,  and  must  show,  by 
record  or  documentary  evidence,  where  such  evidence  is  usually 
required,  and  where  not  so  required  by  the  testimony  of  at  least 
two  of  the  advertised  witnesses,  (1)  due  publication  of  the  Regis- 
ter's notice;  (2)  if  an  incorporated  town,  proof  of  incorporation, 
which  should  be  a  certified  copy  of  the  order  of  incorporation,  or  if 
by  legislative  enactment,  a  citation  to  such  act;  (3)  certified  record 
evidence  of  the  election,  qualification,  and  the  authority  of  the  offi- 
cer making  entry;  (4)  the  number  of  townsite  occupants  and  claim- 
ants on  each  occupied  Government  subdivision;  (5)  the  number  of 
inhabitants  in  the  townsite;  (6)  the  character,  extent,  and  value  of 
townsite  improvements  located  on  each  Government  subdivision ; 
and  (7)  the  date  when  the  land  was  first  used  for  townsite  purposes. 

Restrictions. — First.  Area. — Entry  can  not  be  made  hereunder 
of  a  greater  quantity  of  land  than  2,560  acres,  unless  the  excess  in 
area  is  actually  settled  upon,  inhabited,  improved,  and  used  for 
business  and  municipal  purposes. 

Second.  Unpatented  Mineral  Claims. — Under  said  sections  2386, 
2392,  and  section  16  of  the  Act  of  March  3,  1891  (26  Stat.,  1101), 
the  title  to  lands  acquired  hereunder  will  be  subject  to  all  valid 
prior  rights  to  unpatented  mining  claims  or  possessions  held  under 
existing  law,  and  paramount  patents  may  be  issued  thereafter  to 
such  mineral  claimants,  notwithstanding  the  prior  townsite  patent. 

Third.  Patented  Mineral  Claims. — All  lands  covered  by  pat- 
ented mineral  claims  must  be  omitted  from  the  townsite  entries  here- 
under. Government  subdivisions  of  land,  made  fractional  by  the 
omission  of  such  patented  claims,  will  be  designated  by  lot  num- 
bers on  a  segregation  diagram  prepared  by  the  Surveyor-General. 

Fourth.  Reservations  for  the  use  of  the  United  States  Govern- 
ment are  not  subject  to  entry  hereunder. 

Fifth.  Millsites. — The  continued  use  and  occupation  within  a 
townsite  of  a  duly  located  millsite  claim  under  section  2337,  II.  S. 
Rev.  Stats.,  from  a  time  prior  to  a  settlement  and  occupation  thereof 
for  townsite  purposes,  will  defeat  the  rights  of  the  claimant  under 
the  townsite  laws  to  any  part  of  the  land  within  such  millsite. 

Sixth.  Railroad  rights  of  way  and  station  grounds,  when 
approved  by  the  Department,  are  subject  to  all  valid  rights  existing 
at  the  date  of  filing  the  application  for  such  rights  of  way  or  station 
grounds, 


231 

Change  of  Method  of  Entry. — Where  proceedings  have  been  had 
for  the  entry  of  lots  under  sections  2382  to  2386,  inclusive,  U.  S. 
Rev.  Stats.,  but  no  patent  has  issued  thereunder,  the  occupants  may 
avail  themselves,  if  the  town  authorities  choose  to  do  so,  of  the 
provisions  of  said  sections  2387  to  2389  and  make  proof  and  entry 
thereunder:  Provided,  however,  that  in  addition  to  the  minimum 
price  for  the  land  applied  for  there  shall  be  paid,  before  patent 
issues  therefor,  by  the  parties  applying  for  such  change  of  entry,  all 
costs  of  surveying  and  platting  such  townsite  and  expenses  incident 
thereto  incurred  by  the  Government  under  the  provisions  of  said 
sections  2382  to  2386.  On  application  to  this  Office  the  applicants 
will  be  informed  of  the  amount  of  said  expense  to  be  paid  in  excess 
of  the  purchase  price  of  the  land  in  order  to  effectuate  such  change 
of  entry. 

Additional  Entries. — Where  townsite  entry  has  been  or  may  here- 
after be  made,  under  the  provisions  of  said  sections  2387  to  2393, 
additional  entries  may  be  made,  under  the  provisions  of  section  4 
of  the  Act  approved  March  3,  1877  (19  Stat.,  392),  of  such  con- 
tiguous tracts  as  may  be  occupied  for  townsite  purposes,  but  such 
additional  entry  shall  not,  together  with  all  prior  entries  made  for 
such  townsite,  be  in  excess  of  the  area  to  which  the  town  may  be 
entitled  at  date  of  the  additional  entry  by  virtue  of  its  population 
as  prescribed  in  said  section  2389 :  Provided,  however,  that  such 
area  shall  not  exceed  2,560  acres.  Such  additional  entries  will  be 
made  in  the  same  manner  and  under  the  same  regulations  as  are 
herein  provided  for  entries  under  said  sections  2387  to  2393, 
inclusive. 

Entry  and  Payment. — When  townsite  proof  has  been  submitted 
hereunder  the  Register  and  Receiver  will,  if  they  approve  the  same, 
forward  it  to  this  office  with  their  recommendation  thereon,  without 
collecting  the  purchase  money  and  without  issuing  the  final  papers. 
If  the  proof  submitted  to  this  office  is  found  satisfactory  the  local 
officers  will  be  notified  thereof,  and  if  no  objections  exist  in  their 
office  they  will  notify  the  applicant  thereof,  and  on  payment  of  the 
minimum  price  fixed  by  the  law  for  the  purchase  of  the  land  they 
will  issue  the  final  papers.  (See  Circular  of  January  6,  1904,  32 
L.  D.}  481.) 

(16)    Townsites  on  Mineral  Lands. 

In  view  of  the  numerous  inquiries  touching  the  rights  of  claim- 
ants for  mineral  lands  situated  within  townsites,  as  opposed  to  rights 
which  may  be  acquired  to  such  lands  under  the  townsite  laws,  it  is 
deemed  appropriate  to  herein  recite  the  principal  rules  applicable 
to  the  subject,  so  far  as  they  seem  clear  from  the  law  itself  or  are 
indicated  by  the  trend  of  adjudicated  cases. 

The  general  townsite  laws,  comprised  in  sees.  2380  to  2394,  U.  S. 
Rev.  Stats.,  authorize  the  entry  of  townsites,  or  the  sale  of  lots 
therein,  upon  public  lands  which  may  include  unpatented  mineral 
claims,  but  the  rights  of  mineral  claimants  upon  any  land  entered  or 
sold  under  said  townsite  laws  are  expressly  protected  by  sees,  2386 
and  2392.  These  two  sections  recognize  the  superior  rights,  as 
against  any  townsite  claimant — whether  corporate,  community,  or 
individual — of  all  claimants  for  mineral  veins  possessed  agreeably 
to  local  custom,  or  for  any  valid  mining  claim  or  possession  held 


232 

under  existing  law.  The  precedence  and  superiority  so  accorded  to 
mineral  claims,  however,  depend  in  final  analysis  upon  the  question 
of  fact  whether,  at  date  of  townsite  entry  or  lot  sale,  the  lands 
claimed  under  ttie  mining  laws  were  "known  to  contain  minerals  of 
such  extent  and  value  as  to  justify  expenditures  for  the  purpose  of 
extracting  them"  (31  L.  D.,  87).  Where  an  affirmative  showing  in 
such  behalf  is  made  in  due  course  by  the  mineral  claimant,  his  right 
to  a  patent  for  the  land  (subject  to  the  distinction  hereinafter  noted 
as  to  incorporated  towns)  will  not  be  prejudiced  by  any  previous 
townsite  entry,  deed,  or  patent  covering  the  same  land  (26  L.  D. 
144;  29  L.  D.,  426;  32  L.  D.,  211;  34  L.  D.,  276  and  596). 

Under  said  general  townsite  laws,  as  construed  by  the  Depart- 
ment and  the  courts,  an  entry  including  unpatented  mineral  lands 
may  be  made  for  an  incorporated  town  as  well  as  for  an  unincor- 
porated town,  the  law  requiring  that  in  the  former  case  the  entry 
shall  be  made  by  the  corporate  authorities,  and  in  the  latter  by  the 
County  Judge  (34  L.  D.,  24).  "While  such  general  right  of  entry  by 
or  for  incorporated  towns  and  cities  is  therefore  independent  of  any- 
thing contained  in  sec.  16  of  the  Act  of  March  3,  1891  (26  Stats., 
1095),  it  will  be  seen  that  that  section  in  terms  announces  the  right 
to  enter  mineral  lands.  The  protection  afforded  to  mineral  claims 
by  the  body  of  sec.  16  is  similar  to  that  given  generally  in  said  sees. 
2386  and  2392,  Rev.  Stats.,  but  the  proviso  to  sec.  16  is  as  follows: 
Provided,  That  no  entry  shall  be  made  by  such  mineral-vein  claimant  for 
surface  ground  where  the  owner  or  occupier  of  the  surface  ground  shall  have 
had  possession  of  the  same  before  the  inception  of  the  title  of  the  mineral-vein 
applicant. 

This  Department  has  never  viewed  said  proviso  as  warranting, 
under  any  circumstances,  the  allowance  of  entry  for  a  mineral  vein 
independently  of  "the  surface  ground  appertaining  thereto,"  nor  is 
such  an  entry  provided  for  in  the  general  mining  laws.  But  said 
proviso  creates  one  distinction  between  unincorporated  and  incor- 
porated towns  as  regards  the  relative  rights  of  townsite  occupants 
and  mineral  claimants,  which  is,  that  whereas  the  townsite  patent 
will,  in  either  case,  carry  absolute  title  to  any  mineral  not  known  to 
exist  at  the  date  of  townsite  entry,  the  adverse  rights  of  mineral  and 
town-lot  claimants  within  incorporated  towns  are  hinged,  upon  pri- 
ority of  initiation.  That  is  to  say,  that  after  entry  is  made  for  such 
town,  no  entry  by  a  mineral-vein  applicant  will  be  allowed  for  any 
land  owned  and  occupied  under  the  townsite  law  by  a  party  whose 
possession  antedated  the  inception  of  the  mineral  applicant's  claim, 
even  though  such  land  was  known,  at  date  of  the  townsite  entry,  to 
contain  valuable  minerals. 

Subject  to  the  distinction  above  noted,  the  foregoing  principles 
apply  to  all  mineral  claims  within  townsites  entered  or  disposed  of 
under  any  of  the  laws  above  mentioned,  and  also  to  mineral  claims 
within  townsites  disposable  under  special  Acts  containing  no  ref- 
erence to  the  rights  of  mining  claimants. 

The  law  does  not  require  that  townsite  entries  shall  exclude  any 
mineral  claim  or  possession  except  such  as  may  have  been  patented 
(29  L.  D.,  21).  Mineral  claims  which  have  not  been  patented  may 
be  excluded  from  a  townsite  entry  at  the  option  of  the  townsite 
applicant,  who  must,  in  that  event,  furnish  satisfactory  proof  that 
the  exclusion  covers  a  "valid  mining  claim  or  possession  held  under 
existing  law"  (33  L.  D.,  542).  The  exclusion  of  a  millsite  claim 


233 

% 

from  a  townsite  entry  is  necessary  only  in  cases  where  the  millsite 
claimant  shall  have  been  in  occupation  of  the  ground,  under  regular 
location,  from  a  time  antedating  its  occupation  for  townsite  pur- 
poses. The  issue  of  priority  in  such  cases  may  be  raised  by  the 
townsite  applicant,  the  millsite  claimant,  or  the  Government. 

(17)     Townsites  on  Ceded  Indian  Reservations. 

(a)     IN  OKLAHOMA. 

How  Entered. — Under  section  22  of  the  Act  approved  May  2, 
1890  (26  Stat.,  91),  townsite  entries  may  be  made  in  the  same  man- 
ner, under  the  same  regulations,  and  for  the  same  purchase  price 
herein  provided  for  entries  under  sections  2380  and  2381,  2382  to 
2386,  or  2387  to  2394,  U.  S.  Rev.  Stats.,  except  that  the  following 
additional  proof  is  required: 

Public  Reserves. — Triplicate  plats  of  the  survey  of  the  townsite 
into  lots  and  blocks  must  be  made  and  filed  with  the  local  officers  at 
the  time  of  submitting  proof,  showing  the  reservation  of  not  less 
than  ten  nor  more  than  twenty  acres  for  park,  school,  and  other  pub- 
lie  purposes.  Such  plats  shall  be  made  on  tracing  linen  and  on  a 
scale wof  100  feet  to  1  inch,  and  be  provided  with  a  margin  suffi- 
cient to  contain  the  verifications  of  the  surveyor  and  the  applicant 
acting  for  the  town  and  the  approval  thereof  by  the  proper  officer 
of  the  Land  Department.  The  name  of  the  townsite  must  be  stated 
on  the  plats,  and  they  must  contain  a  description  of  the  land  and  the 
exterior  boundaries  thereof,  according  to  the  lines  of  the  public 
surveys,  and  must  exhibit  the  streets,  squares,  blocks,  lots,  and 
alleys,  the  courses  and  distances  of  the  exterior  lines  of  the  squares, 
the  width  and  courses  of  the  streets  and  alleys,  the  size  of  the  regu- 
lar lots  and  blocks,  and  if  a  lot  or  block  is  irregular  in  shape  the 
dimensions  and  courses  of  the  lines  of  each  should  be  indicated,  so 
the  area  thereof  may  be  readily  computed,  and  the  area  of  each 
reserve  and  the  particular  public  purpose  for  which  the  reserve  is 
made  must  be  designated  thereon.  The  exterior  lines  of  all  existing 
railroad  rights  of  way  and  station  grounds  should  also  be  delineated 
on  the  plat.  Whenever  an  entry  is  made  adjacent  to  a  town  already 
in  existence,  the  streets  must  conform  to  the  streets  already  estab- 
lished, and  this  must  be  stated  in  the  affidavit  of  the  surveyor  upon 
the  margin  of  each  plat,  which  affidavit  must  also  contain  a  state- 
ment showing  the  correctness  of  the  survey  and  plats  of  the  land, 
describing  it,  and  giving  the  aggregate  area  of  the  tracts  reserved 
for  public  purposes.  The  affidavit  of  the  applicant  upon  the  margin 
of  each  plat  shall  contain  the  statement  that  the  application  for  the 

described  tract  of  land  as  the  townsite  of is  made  under  the 

provisions  of  section  22  of  the  Act  of  May  2,  1890  (26  Stat.,  91) ; 
that  all  streets,  alleys,  parks,  and  reservations  are  dedicated  to  pub- 
lic use  and  benefit;  and  that  the  plat  is  correct  according  to  the 
survey  made  by  the  proper  surveyor.  Upon  the  receipt  of  such 
proof  and  plat  by  this  office,  if  found  to  be  satisfactory,  the  plats 
will  be  approved  by  the  Commissioner,  and  two  of  them  will  be 
returned  to  the  local  officers,  one  to  be  retained  in  their  files  and 
one  to  be  given  to  the  applicant  for  filing  with  the  Recorder  of  the 
proper  county,  and  the  local  officers  will  be  directed  to  take  such 


234 

further  action  as  may  be  prescribed  by  the  law  and  regulations  under 
which  the  application  is  made. 

Homestead  Commutations  for  Townsites. — Applications  to  com- 
mute homestead  entries,  or  portions  thereof,  for  townsite  purposes 
under  the  provisions  of  the  second  proviso  of  section  22  of  the  Act 
approved  May  2,  1890  (26  Stat.,  91) ;  will  be  addressed  to  the  Secre- 
tary of  the  Interior  and  be  filed  in  the  District  Land  Office.  The 
application  may  be  on  Form  4-001,  and  may  be  made  for  the  com- 
mutation of  the  whole  or  a  part  of  the  homestead  entry,  but  must 
be  by  full  legal  subdivisions,  and  any  application  for  less  than  a  full 
legal  subdivision  or  for  land  involved  in  any  contest  will  not  be 
recognized. 

Proof. — Notice  of  intention  to  make  proof  and  the  notice  for 
publication  shall  be  the  same  in  all  respects  as  that  required  of  a 
claimant  in  making  final  homestead  proof,  with  the  addition  that  it 
shall  state  that  said  proof  will  be  made  under  section  22  of  the  Act 
of  May  2,  1890.  Proof  by  the  claimant  and  two  of  his  advertised 
witnesses  must  be  furnished  showing — 

First.    Due  publication  of  notice  as  in  ordinary  cases. 

Second.     That  the  land  is  required  for  townsite  purposes. 

Third.  Due  compliance  by  the  entryman  with  the  provisions  of 
the  law  and  of  the  President's  proclamation  under  which  settlement 
of  the  land  became  permissible. 

Fourth.  The  claimant's  citizenship  and  qualifications  in  all  other 
respects  as  a  homesteader,  the  same  as  in  making  final  homestead 
or  commutation  proof. 

Fifth.  Due  compliance  by  the  claimant  with  all  the  require- 
ments of  the  homestead  law  up  to  the  date  of  submitting  proof. 

Plats. — At  the  time  of  submitting  proof  the  entryman  shall  file 
therewith  triplicate  plats  of  the  survey  of  the  land  into  lots,  blocks, 
streets,  and  alleys,  in  the  same  form  and  manner,  and  containing 
reservations  of  not  less  than  ten  nor  more  than  twenty  acres,  as 
required  by  the  regulations  herein  for  the  entry  of  townsites  under 
said  section  22,  the  same  to  be  duly  verified  by  himself  and  the  sur- 
veyor as  in  said  regulations  required,  except  that  his  oath  shall  show 
that  his  application  is  made  under  the  provisions  of  the  second  pro- 
viso of  said  section  22. 

Purchase  Price. — At  the  time  of  submitting  the  proof  and  plats, 
except  as  hereinafter  provided,  the  claimant  shall  tender  to  the 
Receiver  a  draft  on  New  York,  made  payable  to  the  order  of  the 
Secretary  of  the  Interior,  for  the  purchase  price  of  the  land,  exclu- 
sive of  the  portions  reserved  for  public  purposes,  at  the  rate  of  ten 
dollars  per  acre.  The  Register  and  Receiver  will  thereupon  transmit 
the  application,  proof,  and  plats  to  this  office  with  their  joint  report 
as  to  the  status  of  the  land,  and  at  the  same  time  they  will  trans- 
mit the  draft  to  the  Secretary  of  the  Interior,  making  reference  in 
each  letter  to  the  other. 

Approval. — If  the  proof  and  plats  are  found  by  this  office  to  be  in 
accordance  with  these  regulations  and  sufficient  in  form  and  sub- 
stance, they  will  be  forwarded  to  the  Secretary  of  the  Interior  with 
recommendation  that  they  be  approved.  Should  they  be  so  approved 
and  the  receipt  of  the  purchase  price  of  the  land  be  acknowledged 
by  the  Secretary,  one  of  the  plats  will  be  retained  in  this  office  and 
the  other  two  will  be  returned  to  the  District  Land  officers  ,  one  to 


235 

be  retained  by  them  and  the  other  delivered  to  the  applicant  to 
be  by  him  filed  in  the  office  of  the  Recorder  of  Deeds  of  the  proper 
county,  and  the  Register  will  be  directed  to  issue  his  certificate  for 
the  land  embraced  in  said  plats,  excepting  and  excluding  therefrom 
the  tracts  reserved  for  public  purposes  as  designated  on  said  plats. 
Receipts  of  the  purchase  money  having  been  acknowledged  by  the 
Secretary  of  the  Interior,  no  receipt  will  be  issued  by  the  Receiver. 

Notation  on  Records. — On  the  issuance  of  the  certificate  of  entry 
the  Register  and  Receiver  will  note  on  their  records  the  commuta- 
tion of  the  applicant's  homestead  entry,  in  whole  or  in  part,  as  the 
case  may  be.  When  patent  is  ready  for  delivery  the  entryman 
will  be  required,  before  the  patent  shall  be  delivered,  to  surrender 
his  duplicate  homestead  receipt  for  transmittal  to  this  office,  if  the 
entire  homestead  entry  is  commuted,  or  to  have  the  commuted 
entry  noted  thereon  and  the  same  then  returned  to  him,  if  com- 
muted only  in  part. 

Contests  and  Protests. — Where  an  affidavit  of  contest  or  protest 
against  the  allowance  of  an  application  hereunder  is  filed  at  the 
time  of  submitting  proof,  or  prior  thereto,  containing  sufficient 
allegations,  made  and  corroborated  under  oath  to  warrant  a  hear- 
ing, and  the  further  allegation  that  the  same  is  not  initiated  for 
the  purpose  of  harassing  the  claimant  and  extorting  money  from 
him  under  a  compromise,  but  in  good  faith  to  prosecute  the  same 
to  a  final  determination,  the  Register  and  Receiver  will  take  appro- 
priate action  thereon  in  accordance  with  the  Rules  of  Practice.  The 
local  officers  will  not  require  tender  of  the  purchase  price  of  the 
land  until  the  final  determination  of  the  case  favorable  to  the  appli- 
cation to  purchase,  and  when  so  advised  they  must  require  the 
applicant  to  immediately  tender  a  New  York  draft  for  such  pur- 
chase price,  made  payable  to  the  Secretary  of  the  Interior,  and  on 
receipt  thereof  they  will  transmit  it  to  the  Secretary  and  advise  this 
office  thereof.  Contest  or  protest  affidavits  filed  after  transmittal 
of  proof  will  not  be  considered  by  the  Register  and  Receiver,  but 
will  be  immediately  transmitted  to  this  office.  Appeals  lie  from 
the  decisions  of  the  Register  and  Receiver  to  this  office,  and  from 
the  decision  of  this  office  to  the  Secretary  of  the  Interior,  as  in  other 
cases,  and  all  procedure  thereon  will  be  governed  by  the  Rules  of 
Practice. 

Disposition  of  Proceeds. — The  moneys  derived  from  the  com- 
mutation of  homestead  entries  for  townsite  purposes  will  be  paid 
over  to  the  proper  authorities  of  the  municipalities  when  organized, 
upon  the  receipt  of  the  following  required  proof: 

First.  A  duly  certified  copy,  under  seal  of  the  order  of  the 
board  of  County  Commissioners,  declaring  that  the  specified  terri- 
tory shall,  with  the  assent  of  the  qualified  voters,  be  an  incor- 
porated town;  also  the  notice  for  a  meeting  of  the  electors,  as 
required  by  paragraph  5  of  article  1,  chapter  16,  of  the  statutes  of 
Oklahoma. 

Second.  A  like  certified  copy  of  the  statement  of  the  inspectors 
filed  with  the  Board  of  County  Commissioners,  also  a  like  certified 
copy  of  the  order  of  said  board,  declaring  that  the  town  has  been 
incorporated,  as  provided  by  paragraph  9  of  said  article  1. 

Third.  A  like  certified  copy  of  the  statement  of  the  inspectors, 
filed  with  the  County  Clerk,  declaring  who  were  elected  to  the 


236 

office  of  trustees,  clerk,  marshal,  assessor,  treasurer,  and  justice  of 
the  peace,  as  provided  by  paragraph  16  of  said  article  1. 

Fourth.  A  like  certified  copy,  by  the  town  clerk,  of  the  pro- 
ceedings of  the  board  of  trustees  electing  one  of  their  number 
president;  also  a  copy  of  the  qualifications  to  act,  by  each  of  the 
officers  mentioned,  as  provided  by  paragraph  19  of  said  article  1. 

Fifth.  A  certified  copy  by  the  town  clerk,  of  the  proceedings 
of  the  board  of  trustees,  designating  some  officer  of  the  municipality 
to  make  application  for  and  to  receive  the  money  to  be  paid  by  the 
Secretary  of  the  Interior. 

Sixth.  A  proper  application  for  the  money  by  said  designated 
officer. 

Said  application  shall  be  addressed  to  the  Secretary  of  the 
Interior  and  may  either  be  filed  in  the  District  Land  Office  for 
transmittal  to  this  office  or  forwarded  by  the  municipal  authorities 
direct  to  this  office.  When  the  same  is  receiAred  by  this  office,  if  the 
application  and  accompanying  evidence  are  in  accordance  with  the 
requirements  herein  mentioned,  it  will  be  transmitted  to  the  Sec- 
retary of  the  Interior  and  when  approved  by  him  the  money  will 
be  paid  over  to  the  designated  officer  to  be  used  by  the  municipality 
for  school  purposes  only  as  required. 

Public  Reserves,  How  Entered. — Applications  for  patents  to  the 
tracts  reserved  for  public  purposes,  in  all  towns  in  Oklahoma 
created  under  said  section  £2  or  under  any  other  Act  where  tracts 
have  been  reserved  for  such  purposes  under  said  section  22,  may  be 
filed  on  behalf  of  the  municipalities  whose  corporate  limits  cover 
the  land  in  which  such  reservations  are  situated.  The  application 
should  be  made  by  the  Mayor  or  other  proper  municipal  officer, 
and  describe  the  reservations  to  be  patented  according  to  the  ap- 
proved plats  of  said  townsite,  and  the  same  should  be  accompanied 
with  the  proof  of  the  municipal  organization  of  the  town  similar  to 
that  above  provided  for  the  disposition  of  the  proceeds  derived 
from  the  commutation  of  homestead  entries  for  townsite  purposes 
under  said  section  22.  and  proof  must  also  be  filed  therewith  of  the 
authority  of  the  officer  filing  the  application  to  make  the  same 
with  the  proper  record  evidence  of  his  election  and  qualification  as 
such  officer.  The  application  and  proof  must  be  filed  in  the  District 
Land  Office,  and  if  the  officers  thereof  find  the  same  sufficient  under 
these  regulations  the  Register  will  issue  the  certificate  of  entry  in 
the  form  provided  therefor. 

Reservations  in  Vacated  Townsites. — Under  the  Act  approved 
May  11,  1896  (29  Stat,  116),  where  a  townsite  or  an  addition  to  a 
townsite,  in  a  homestead  commuted  to  a  townsite  entry  under  the 
second  proviso  of  section  22  of  the  Act  Approved  May  2,  1890  (26 
Stat.,  91),  has  been  vacated  under  the  laws  of  Oklahoma,  and 
patents  for  the  public  reservations  therein  have  not  been  issued, 
such  reservations  will  be  disposed  of  in  the  following  manner : 

First.  Application  and  Proof  by  the  Original  Entryman. — 
Application  for  a  patent  to  such  reservations  may  be  filed  by  the 
original  entryman  within  six  months  from  the  vacation  of  the  town- 
site,  and  proof  must  be  filed  by  him,  with  the  Register  and  Receiver, 
of  the  due  vacation  of  such  townsite  in  accordance  with  the  require- 
ments of  the  laws  of  Oklahoma,  which  proof  must  consist  of  a  copy 
of  the  record  evidence  of  such  vacation  duly  certified  Such  proof 


237 

must  also  be  accompanied  with  evidence  that  the  corporate  authori- 
ties of  the  municipality,  if  one  be  organized,  in  which  the  reserva- 
tions were  situated  prior  to  such  vacation,  have  been  personally 
served  thirty  days  prior  to  making  such  proof  with  notice  of  the 
application  and  of  the  date  the  proof  will  be  made.  If  the  proof  be 
found  sufficient  the  entry  will  be  allowed  for  the  reservations  as 
described  in  the  townsite  plat  upon  receipt  of  the  payment  of  the 
homestead  price.  If  the  municipality  is  represented  at  the  time  of 
making  proof,  it  may  be  heard  in  opposition  to  the  application  and 
decision  be  rendered  thereon  subject  to  appeal  as  in  other  cases. 

Second.  Reservations  Disposed  of  as  Isolated  Tracts. — In  case 
of  the  failure  of  the  original  entryman  to  apply  for  patent  to  such 
reservations  within  six  months  from  the  vacation  of  such  townsite, 
or  in  case  such  reserves  have  been  patented  to  the  municipality  and 
it  has  ceased  to  exist  by  reason  of  such  vacation,  the  reservations 
will  be  disposed  of  as  isolated  tracts  under  the  provisions  of  section 
2455,  U.  S.  Rev.  Stats.,  and  the  acts  amendatory  thereof,  and  the 
regulations  issued  thereunder. 

Third.  Reservations  may  be  sold  by  an  existing  municipal 
corporation,  upon  the  vacation  of  the  townsite,  where  patent  has 
been  issued  to  such  municipality  therefor,  the  proceeds  of  such  sale 
to  be  covered  into  the  school  fund  of  such  corporation.  See  case 
of  City  of  Enid  (30  L.  D.,  352). 


(b)   .IN  MINNESOTA. 

Townsites  in  ceded  Indian  lands  under  the  Act  approved  Feb- 
ruary 9,  1903  (32  Stat.,  820),  will  be  disposed  of  in  accordance  with 
the  regulations  herein  provided  for  townsites  created  under  sections 
2380  and  2381,  2382  to  2386,  or  2387  to  2393,  U.  S.  Rev.  Stats. 


(c)     IN  SOUTH  DAKOTA. 

Townsites  in  Rosebud  ceded  Indian  lands  in  Tripp  County,  under 
the  Act  approved  March  2,  1907  (34  Stat.,  1230  and  1231),  will  be 
disposed  of  in  accordance  with  the  regulations  herein  provided  for 
the  disposal  of  townsites  under  section  2381,  U.  S.  Rev.  Stats. 


(d)     IN  NORTH  AND  SOUTH  DAKOTA. 
Townsites  in  Cheyenne  River  and  Standing  Rock  Indian  lands, 
under  the  Act  approved  May  29,  1908  (35  Stat.,  461  and  463),  will 
be  disposed  of  in  accordance  with  the  regulations  herein  provided 
for  the  disposal  of  townsites  under  section  2381,  U.  S.  Rev.  Stats. 


(e)     IN  UTAH. 

Townsites  in  the  Uintah  Indian  lands,  under  Act  approved  March 
3,  1905  (33  Stat.,  1069),  will  be  disposed  of  in  accordance  with  the 
regulations  herein  provided  for  townsites  created  under  sections 
2380  and  2381,  2382  to  2386,  or  2387  to  2393,  U.  S.  Rev.  Stats. 


(f)     IN  NEVADA. 

Townsites  in  the  Walker  River  Indian  lands,  under  Act  approved 
May  27,  1902  (32  Stat.,  261),  will  be  disposed  of  in  accordance  with 
the  regulations  herein  provided  for  townsites  created  under  sections 
2380  and  2381,  2382  to  2386,  or  2387  to  2393,  U.  S.  Rev.  Stats. 


238 

(g)     IN  WYOMING. 

Townsites  in  Shoshone  or  Wind  River  Indian  lands,  under  Act 
approved  March  3,  1905  (33  Stat.,  1021),  will  be  disposed  of  in 
accordance  with  the  regulations  herein  provided  for  townsites 
created  under  sections  2380  and  2381,  2382  to  2386,  or  2387  to  2393, 
U.  S.  Rev.  Stats. 


(h)     IN  MONTANA. 

Townsites  in  Crow  Indian  lands,  under  Act  approved  April  27, 
1904  (33  Stat.,  360  and  361),  will  be  disposed  of  in  accordance 
with  the  regulations  herein  provided  for  townsites  created  under 
sections  2380  and  2381,  2382  to  2386,  or  2387  to  2393,  U.  S. 
Rev.  Stats. 

Townsites  in  Flathead  Indian  Lands — Survey  and  Appraisal. — 
Under  the  Act  approved  June  21,  1906  (34  Stat.,  354),  townsites 
may  be  selected  and  reserved  by  the  Secretary  of  the  Interior,  and 
thereafter  they  will  be  surveyed  and  platted  into  lots,  blocks, 
streets,  and  alleys,  and  the  lots  appraised  in  accordance  with  the 
regulations  in  this  circular  provided  for  townsites  surveyed,  platted, 
and  appraised  under  section  2381,  U.  S.  Rev.  Stats.,  but  the  ap- 
praisers shall,  in  addition  to  the  work  in  such  regulations  required, 
also  ascertain  the  names  of  the  residents  upon,  and  occupants  of. 
any  lots  in  such  townsite,  the  character  and  extent  of  the  improve- 
ments on  such  lots,  and  the  name  of  the  reputed  owner  thereof,  and 
they  shall  report  their  findings  thereon  in  connection  with  their 
report  of  appraisals,  which  report  of  findings  shall  be  taken  as 
prima  facie  evidence  of  the  facts  therein  set  out. 

Filing  of  Plat  and  Appraisement. — When  the  plat  and  appraise- 
ment lists  are  approved,  the  same  will  be  sent  to  the  Register  and 
Receiver  for  filing,  and  immediately  on  receipt  thereof  they  will 
prepare  a  notice  to  the  effect  that  such  plat  and  list  have  been  filed 
with  them,  stating  the  date  thereof,  and  that  they  are  ready  to 
receive  applications  to  make  proof  and  entry  for  improved  lots  by 
persons  claiming  a  preference  right  to  enter  the  same  at  the 
appraised  price,  which  applications  and  the  proof  thereon  must  be 
filed  and  made  in  time  to  secure  entry  prior  to  the  date  fixed  for 
the  public  sale.  Such  notice  will  be  given  publicity  by  posting  a 
copy  thereof  in  a  conspicuous  place  in  the  Register's  office,  by  giv- 
ing copies  thereof  to  the  local  newspapers  as  an  item  of  news,  by 
transmitting  copies  thereof  to  the  postmaster  in  each  townsite  in 
which  there  is  a  post-office,  and  where  there  is  none,  then  to  the 
postmaster  nearest  the  land,  with  a  request  that  he  post  the  same 
in  a  conspicuous  place  in  his  office,  and  by  giving  such  further  pub- 
licity thereto  as  may  be  done  without  incurring  expense. 

Preference  Right,  Application,  and  Proof. — A  preference  right 
of  entry,  at  the  appraised  price,  of  not  exceeding  two  lots,  is 
accorded  an  actual  resident,  to  secure  which  entry  the  claimant 
must  file  in  the  District  Land  Office,  in  time  to  make  proof  and 
secure  entry  thereof  prior  to  the  date  of  public  sale,  an  application 
therefor,  showing  that  at  the  date  the  appraisers  commenced  their 
worb  upon  the  land  the  claimant  was  an  actual  resident  upon  one 
of  the  lots  applied  for,  and  the  owner  of  substantial  and  permanent 
improvements  thereon,  and  also  the  owner  at  said  date  of  sub- 


239 

stantial  and  permanent  improvements  upon  the  other  lot,  if  two  are 
applied  for,  and  that  such  residence  and  improvements  have  been 
maintained  thereon  to  date  of  filing  application.  A  notice  of  inten- 
tion to  make  proof  must  be  filed  and  the  notice  for  publication 
must  be  issued,  published,  and  posted  at  the  applicant's  expense, 
as  in  ordinary  cases,  and  in  manner  and  form  and  for  the  time  pro- 
vided in  the  Act  approved  March  3,  1879  (20  Stat.,  472). 

The  proof  may  be  made  before  the  Register  and  Receiver  or  any 
officer  duly  authorized  by  law,  and  must  show,  by  record  or  docu- 
mentary evidence  where  such  evidence  is  usually  required,  and 
where  not  so  required,  by  the  testimony  of  witnesses,  (1)  due  pub- 
lication of  the  Register's  notice;  (2)  the  applicant's  possession  of 
and  actual  residence  upon  one  of  the  lots  applied  for  and  his  or  her 
ownership  of  substantial  and  permanent  improvements  thereon  at 
the  date  the  appraisers  commenced  their  work  upon  the  land;  (3) 
his  or  her  possession  and  ownership  of  substantial  and  permanent 
improvements  upon  the  other  lot  at  the  date  the  appraisers  com- 
mence their  work  upon  the  land,  if  two  lots  are  applied  for;  (4)  the 
maintenance  of  such  residence,  possession,  and  improvements  to 
date  of  filing  the  application;  and  (5)  applicant's  age,  and  if  a 
minor  or  a  married  woman,  whether  he  or  she  lives  separate  and 
apart  from  his  or  her  parents  and  husband.  The  proof  must  em- 
brace the  testimony  of  the  applicant  and  of  at  least  two  of  his  adver- 
tised witnesses.  The  appraised  purchase  price  of  each  lot  must  be 
paid  to  the  Receiver  at  the  time  of  submitting  proof,  except  as 
hereinafter  provided,  and  if  the  proof  is  found  sufficient  entry  will 
be  issued  thereon. 

Forfeiture,  Qualification,  and  Restrictions. — All  preference  right 
of  entry  of  improved  or  occupied  lots,  unentered  on  the  day  fixed 
for  the  public  sale,  will  be  forfeited,  unless  a  contest  be  pending 
thereon  as  hereinafter  provided,  and  such  lots  will  be  offered  at 
public  outcry  in  their  regular  order  with  the  other  unimproved  and 
unoccupied  lots.  When  notified  of  the  date  fixed  for  the  public 
sale,  the  Register  and  Receiver  will  refuse  to  receive  or  consider 
any  such  application  for  entry  where  due  publication  could  not  be 
had  and  proof  made  thereon  prior  to  the  date  so  fixed  for  the  public 
sale.  Entry  of  public  land  under  other  laws,  or  in  other  townsites, 
or  ownership  of  more  than  320  acres  will  not  disqualify  an  appli- 
cant. No  entry  can  be  made  of  an  improved  lot  on  which  the 
claimant  does  not  reside,  unless  his  or  her  residence  lot  is  included 
in  the  same  or  a  previous  entry. 

Contests. — Hearings  will  be  allowed  and  conducted  in  accord- 
ance with  the  Rules  of  Practice  where  two  or  more  adverse  appli- 
cations are  filed  for  the  same  lot,  or  where  a  sufficient  contest  or 
protest  affidavit  is  filed  against  an  application  on  or  before  the  day 
fixed  for  making  proof,  but  no  purchase  money  will  be  collected 
from  the  applicants  until  the  final  determination  of  the  case,  where- 
upon the  successful  applicant  will  be  required  to  pay  the  purchase 
price  within  thirty  days  from  notice  thereof. 

Public  Sale. — The  notice  of  public  sale  will  be  prepared  and 
published  in  the  form  and  manner  herein  provided  for  the  sale  of 
town  lots  under  section  2381,  U.  S.  Rev.  Stats.,  and  the  sale  will  be 
conducted  in  the  same  manner  and  be  subject  to  the  same  restric- 


240 

tions,  and  the  certificates  and  applications  for  private  entry  must 
also  be  issued  and  filed  in  manner  and  form  as  provided  in  the 
regulations  under  said  section  2381. 

Townsites  in  Blackfeet  and  Fort  Peck  Indian  Lands. — That  por- 
tion of  the  Act  approved  March  1,  1907  (34  Stat.,  1039),  relating  to 
towusites  in  the  Blackfeet  Indian  lands,  and  section  14  of  the  Act 
approved  May  30,  1908  (35  Stat.,  563),  relating  to  townsites  in  the 
Fort  Peck  Indian  lands,  will  be  administered  in  accordance  with  the 
regulations  in  this  circular  provided  for  townsites  in  the  Flathead 
Indian  lands,  except  that  in  townsites  in  the  Fort  Peck  Indian 
lands  five  lots  instead  of  two  may  be  awarded  preference-right 
claimants,  under  the  conditions  and  restrictions  provided  in  said 
regulations  for  the  entry  of  two  lots. 


(i)     IN  WASHINGTON. 

Townsites  in  Colville  and  in  Spokane  Indian  lands  under  the 
Acts  approved  March  22,  1906  (34  Stat.,  82,  sec.  11),  and  May  29. 
1908  (35  Stat.,  459,  sec.  4),  respectively,  will  be  selected  and 
reserved  by  the  Secretary  of  the  Interior,  and  will  thereafter  be 
surveyed,  appraised,  and  disposed  of  in  accordance  with  the  regu- 
lations in  this  circular  provided  under  section  2381,  U.  S.  Rev. 
Stats. 


(j)     IN  IDAHO. 

Townsites  in  Coeur  d'Alene  Indian  lands,  under  Act  approved 
June  21,  1906  (34  Stat.,  337),  will  be  selected  and  reserved  by  the 
Secretary  of  the  Interior  and  thereafter  surveyed,  appraised,  and 
disposed  of  in  accordance  with  the  regulations  in  this  circular  pro- 
vided under  section  2381,  U.  S.  Rev.  Stats. 


(k)     IN  CALIFORNIA  AND  ARIZONA. 

Townsites  in  Yuma  and  Colorado  River  Indian  lands,  under  that 
portion  of  the  Act  approved  April  30,  1908  (35  Stat.,  77),  relating 
to  townsites  in  said  lands,  will  be  selected  and  reserved  by  the 
Secretary  of  the  Interior  and  will  be  thereafter  surveyed,  appraised. 
and  disposed  of  in  accordance  with  the  regulations  in  this  circular 
provided  under  section  2381,  U.  S.  Rev.  Stats. 


(18)     Townsites  in  Reclamation  Projects. 

"Withdrawal,  Survey,  Appraisement,  and  Sale. — Townsites  in 
connection  with  irrigation  projects  may  be  withdrawn  and  reserved 
by  the  Secretary  of  the  Interior  under  the  Acts  approved  April  16 
and  June  27,  1906  (34  Stat.,  116,  sees.  1,  2,  and  3,  and  519,  sec.  4), 
respectively,  and  thereafter  will  be  surveyed  into  town  lots  with 
appropriate  reservations  for  public  purposes,  and  will  be  appraised 
and  sold  from  time  to  time  in  accordance  with  the  regulations  in 
this  circular  provided  under  section  2381,  U.  S.  Rev.  Stats.  See 
Amendment,  page  391V>. 

The  public  reservations  in  each  town  shall  be  improved  and 
maintained  by  the  town  authorities  at  the  expense  of  the  town ;  and 
upon  the  organization  thereof  as  a  municipal  corporation,  said 
reservations  shall  be  conveyed  to  such  corporation  in  its  corporate 
name,  subject  to  the  condition  that  they  shall  be  used  forever  for 
public  purposes.  To  secure  such  conveyances  the  municipality  shall 


241 

apply  through  its  proper  officer  for  a  patent  to  such  reservations, 
and  furnish  proof  in  manner,  form,  and  substance  as  required  under 
the  regulations  in  this  circular  for  patents  to  public  reserves  in 
Oklahoma  townsites  under  section  22  of  the  Act  approved  May  2, 
1890  (26  Stat.,  91). 

(19)    Parks  and  Cemeteries. 

The  right  of  entry  under  the  Act  approved  September  30,  1890 
(26  Stat.,  502),  is  restricted  to  incorporated  cities  and  towns,  and 
each  of  such  cities  and  towns  shall  be  allowed  to  make  entries  of 
tracts  of  unreserved  and  unappropriated  public  land,  by  Govern- 
ment subdivisions,  not  exceeding,  in  all  entries  hereunder  by  such 
city  or  town,  a  quarter  section  in  area,  all  of  which  must  lie  within 
three  miles  of  the  corporate  limits  of  the  city  or  town  for  which 
the  entries  are  made. 

"Where  on  Unsurveyed  Land. — If  the  public  surveys  have  not 
been  extended  over  the  land  sought  by  any  city  or  town  under  the 
provisions  of  said  Act,  it  shall  first  be  necessary  for  the  proper 
corporate  authority  to  apply  to  the  surveyor-general  of  the  district 
in  which  the  tract  in  question  is  located  for  a  special  survey  of  the 
outboundaries  of  such  tract.  The  application  should  describe  the 
character  of  the  land  sought  to  be  surveyed  and,  as  accurately  as 
possible,  its  area  and  geographical  location.  Tracts  covered  by  such 
special  surveys  must  be  as  nearly  as  practicable  in  square  form,  and 
entries  of  the  same  will  not  be  allowed  until  after  the  surveys  shall 
have  been  approved  by  the  surveyor-general  and  accepted  by  the 
Commissioner  of  the  General  Land  Office.  The  current  appropri- 
ation for  "surveying  the  public  lands"  being  applicable  to  the 
survey  of  "lines  of  reservations,"  as  well  as  to  the  extension  of  the 
ordinary  lines  of  the  system  of  public-land  surveys,  the  cost  of  the 
surveys  of  all  unsurveyed  lands  selected  under  the  provisions  of 
said  Act  of  September  30,  1890,  will  be  paid  for  out  of  said  appro- 
priation, the  same  as  the  special  surveys  of  the  outboundaries  of 
townsites  and  for  like  reasons  (see  case  of  Fort  Pierre,  18  C.  L.  0., 
117),  and  the  deputies  employed  by  the  surveyor-general  to  execute 
such  special  surveys  will  report  whether  the  land  is  either  mineral 
in  character  or  within  an  organized  mining  district. 

Application  and  Proof. — An  application  for  the  purposes  indi- 
cated herein  can  only  be  made  by  the  municipal  authorities  of'  an 
incorporated  city  or  town ;  and  in  all  cases  the  entries  will  be  made 
and  patents  issued  to  the  municipality  in  its  corporate  name,  for 
the  specific  purpose  or  purposes  mentioned  in  said  Act. 

The  land  must  be  paid  for  at  the  Government  price  per  acre, 
after  proof  has  been  furnished  satisfactorily  showing — 

First — Six  weeks'  publication  of  notice  of  intention  to  make 
entry,  in  the  same  manner  as  in  homestead  and  other  cases. 

Second.  The  official  character  and  authority  of  the  officer  or 
officers  making  the  entry. 

Third.  A  certificate  of  the  officer  having  custody  of  the  record 
of  incorporation,  setting  forth  the  fact  and  date  of  incorporation  of 
the  city  or  town  by  which  entry  is  to  be  made,  and  the  extent  and 
location  of  its  corporate  limits. 

Fourth.  The  testimony  of  the  applicant  and  two  published  wit- 
nesses to  the  effect  that  the  land  applied  for  is  vacant  and  unap- 


242 

propriated  by  any  other  party,  and  as  to  whether  the  same  is  either 
mineral  in  character  or  located  within  an  organized  mining  dis- 
trict or  within  a  mining  region. 

Fifth.  In  case  the  land  applied  for  is  described  by  metes  and 
bounds,  as  established  by  a  special  survey  of  the  same,  that  the 
applicant  and  two  of  the  published  witnesses  have  testified  from 
personal  knowledge  obtained  by  observation  and  measurements  that 
the  land  to  be  entered  is  wholly  within  3  miles  of  the  corporate 
limits  of  the  city  or  town  for  which  entry  is  to  be  made. 

Certificates. — Where  the  proof  shows  that  the  land  is  mineral  in 
character,  located  in  a  mining  district,  or  is  within  a  region  known 
as  mineral  lands,  the  certificate  of  entry  shall  contain  the  following 
proviso : 

Provided,  That  no  title  shall  be  hereby  acquired  to  any  mineral 
deposits  within  the  limits  of  the  above-described  tract  of  land,  all 
such  deposits  therein  being  reserved  as  the  property  of  the  United 
States. 

(20)     Cemeteries. 

Who  May  Enter. — Under  the  Act  approved  March  1,  1907  (34 
Stat.,  1052),  the  right  to  purchase  public  land  for  cemetery  pur- 
poses is  limited  to  religious,  fraternal,  and  private  corporations  or 
associations,  empowered  to  hold  real  estate  for  cemetery  purposes 
by  the  laws  under  which  they  are  organized.  Such  corporation  or 
association  shall  be  allowed  to  make  but  one  entry  of  not  more 
than  eighty  acres  of  contiguous  tracts  by  Government  subdivisions 
of  nonniineral,  unreserved,  and  unappropriated  public  land. 

Where  on  Unsurveyed  Land. — If  the  public  surveys  have  not 
been  extended  over  the  land  so  sought  to  be  entered,  the  corpora- 
tion or  association  should  first  apply  to  the  proper  surveyor-general 
for  a  special  survey  of  the  exterior  lines  of  the  tract  desired, 
describing  the  topographical  character  of  the  land  and  its  area 
and  geographical  location  as  accurately  as  possible.  Such  tracts 
must  be  as  nearly  as  practicable  in  a  rectangular  form,  and  after 
the  survey  and  plat  thereof  has  been  made,  approved  by  the  sur- 
veyor-general, accepted  by  this  office,  and  filed  in  the  local  office, 
application  may  them  be  made  for  the  entry  of  the  land  under  said 
Act.  The  cost  of  such  surveys  will  be  paid  out  of  the  current 
appropriation  for  "surveying  the  public  lands,"  and  the  deputies 
employed  will  report  whether  the  land  is  mineral  in  character. 

The  proof  must  satisfactorily  show — 

First.  The  filing  of  a  notice  of  intention  to  make  proof,  the 
issuance,  in  manner  and  form  so  far  as  possible  as  in  other  cases 
provided,  of  the  publication  notice,  to  be  published  and  posted  for 
the  time  and  in  the  manner  provided  by  the  Act  of  March  3,  1879 
(20  Stat.,  472),  and  the  regulations  thereunder. 

Second.  The  official  character  of  the  officer  or  officers  applying 
on  behalf  of  the  association  or  corporation  to  make  the  entry,  and 
his  or  their  express  authority  to  do  so  conferred  by  action  of  the 
association. 

Third.  A  copy  of  the  record,  certified  by  the  officer  having 
charge  thereof,  showing  the  due  incorporation  and  organization  and 
date  thereof  of  the  association  or  corporation  and  its  location  and 
address.  The  law  under  which  it  is  organized  and  by  which  it 


243 

derives  its  authority  to  hold  real  estate  for  cemetery  purposes  must 
also  be  cited. 

Fourth.  That  the  land  applied  for  is  nonmineral,  vacant,  and 
unappropriated  public  land,  and  the  extent  to  which  it  is  used  for 
cemetery  purposes,  and  when  first  so  used,  if  it  is  so  used,  which 
must  be  shown  by  the  testimony  of  the  applicant  and  two  of  the 
advertised  witnesses. 

Price. — The  land  must  be  paid  for  at  such  price  per  acre  as 
shall  be  determined  by  the  Commissioner  of  the  General  Land 
Office,  provided  that  in  no  case  shall  the  price  be  less  than  $1.25 
per  acre. 

Entries  under  this  Act  must  issue  to  the  association  or  corpora- 
tion in  its  corporate  name,  and  the  granting  clause  in  the  certificate 
should  state  that  the  patent  to  be  issued  for  the  tract  described  is 
"for  cemetery  purposes,  subject  to  reversion  'to  the  United  States 
should  the  land  or  any  part  thereof  be  sold  or  cease  to  be  used  for 
the  purpose'  in  said  Act  provided."  Inasmuch,  however,  as  the 
Commissioner  of  this  office  determines  the  amount  of  the  purchase 
price  under  the  existing  conditions  in  each  particular  case,  the 
Register  and  Receiver  will,  when  proof  is  made  to  their  satisfac- 
tion, immediately  forward  such  proof  to  this  office  with  their  rec- 
ommendation thereon  without  collecting  any  money  as  the  purchase 
price  and  without  issuing  the  final  papers.  If  this  office  finds  the 
proof  satisfactory,  the  Commissioner  will  fix  the  purchase  price, 
and  the  local  officers  will,  on  being  notified  thereof  and  no  objection 
appearing  thereto  in  their  office,  notify  the  applicant  of  the  amount 
required  and  allow  him  thirty  days  from  service  of  such  notice  to 
pay  such  purchase  price,  and  on  receipt  thereof  the  entry  will  be 
issued. 

Special  order  to  Commissioner  of  June  11,  1896,  is  reissued  as 
follows : 

In  addition  to  cases  specified  in  departmental  order  of  January 
29,  1896  (22  L.  D.,  120),  you  are  directed  to  transmit  for  disposition 
as  "current  work"  all  cases  involving  townsite  entries. 

In  all  cases  classified  as  current  work,  when  sending  out  notice 
of  your  decisions,  you  will  inform  the  parties  interested  of  that 
fact,  and  that  the  rules  relating  to  filing  arguments  will  be  strictly 
enforced.  22  L.  D.,  675. 

Fred  Dennett, 
Commissioner. 

This  circular  approved,  August  7,  1909. 
Jesse  E.  Wilson, 

Acting  Secretary. 

APPENDIX. 

FORMS. 

SCHEDULE  OF  APPRAISEMENT. 

Valuation  of  lots  and  blocks  in  the  townsite  of  -  ,  State  of  , 

appraised  under — 

Valuation. 

Block.  Lot.       Area.    -  —     Character  of  land.        Remarks. 

Dollars.     Cents. 


— ,  19—. 


We,  the  undersigned,  constituting  the  Board  of  Appraisers  appointed  under 
,  to  examine  and  appraise  the  surveyed  and  platted  lots 


244 

described  in  the  foregoing  list  and  designated  on  the  approved  plat  of  the 

townsite  of ,  do  hereby  certify  that  on  the  day  (or  days) 

of  ,  19 — ,  we  visited  and  examined  each  of  said  town  lots;  and  that  the 

valuation  placed  upon  each  lot  as  designated  in  the  foregoing  list  is  the  fair, 
just,  and  full  cash  value  thereof  according  to  the  best  of  our  judgment. 


Board  of  Appraisers. 

No.  - 

APPLICATION  UNDER  SECTION  2387,  U.  S.  REV.  STATS. 

Department  of  the  Interior, 

Land  Office  at , , 

.  19—. 


—  ,  ---  ,  as  --  ,  of  --  County,  State  of  -  ,  do 
hereby  applv  to  purchase,  under  sections  2387  to  2393,  inclusive,  U.  S.  Rev. 
Stats.',  -     —  --  ,  Sec.  -  ,  T.  --  ,  R.  --  of  -        -  Principal  Meridian, 
containing  -  acres,  at  the  sum  of  $  -  for  the  townsite  of  -  . 
My  post-office  address  is  -  ,  -  . 

I  hereby  certify  that  the  land  above  described  contains  -  acres,  and 
that  the  purchase  price  therefor  is  $  -  . 

--  ,  Register. 

No.  -  . 
APPLICATION  TO  PURCHASE  TOWN  LOTS. 

Department  of  the  Interior, 
Land  Office  at  -  ,  -  , 


—  ,  --  ,  of  -  County,  State  of  -  ,  do  hereby  apply  to 
purchase,  under  -  ,  Lot  -  ,  Block  No.  -  ,  in  the  townsite  of  -  , 
-  ,  as  delineated  and  designated  in  the  approved  plat  thereof,  containing 
at  the  sum  of  $  -  . 


My  post-office  address  is 


I  hereby  certify  that  the  land  above  described  contains ,  and 

that  the  purchase  price  therefor  is  $ . 

,  Register. 

No. . 

APPLICATION  TO  PREEMPT  TOWN  LOTS. 

Department  of  the  Interior, 

Land  Office  at , , 

,  19-. 

I, ,  of  County,  State  of  ,  do  hereby  apply  to 

purchase,  under  ,  lot  No.  ,  in  Block  No.  ,  in  the  townsite  of 

, ,  as  delineated  and  designated  in  the  approved  plat  thereof,  con- 
taining   ,  at  the  sum  of  $ ,  basing  said  application  on  the  following 

facts:  That  I  am  —  years  of  age  (and,  if  under  21  years  of  age,  add,  and  the 
head  of  a  family) ;  that  I  am  a  native-born  citizen  of  the  United  States  (or 
have  declared  my  intention  to  become  a  citizen  of  the  United  States) ;  that  my 

post-office  address  is , ;  and  that  my  settlement,  the  date  thereof, 

and  the  value  and  character  of  my  improvements  on  said  lot  are  as  fol- 
lows:   . 


I  hereby  certify  that  the  lot  above  described  contain  --  ,  and  that  the 
purchase  price  thereof  is  $  -  . 

--  ,  Register. 

No.  -  . 

APPLICATION   FOR   PREFERENCE   RIGHT    OF   ENTRY   IN   FLATHEAD 
INDIAN  LANDS,  MONTANA. 

Department  of  the  Interior, 
Land  Office  at  -  ,  - 


I,  -  -  ,  of  -         -  County,  State  of  --  ,  do  hereby  apply  to 
purchase,  under  the  Act  approved  June  21,  1906  (34  Stat.,  354),  Lot  No.  —  —  , 


243 

in  Block  No.  ,  in  the  townsite  of  ,  ,  as  delineated  and  desig- 
nated  on   the   plat   thereof   approved   by   the    Department   of   the    Interior   on 

— ,  19 — ,  containing ,  at  the  appraised  price  of  $ ,  basing 

said  application  on  actual  residence  and  ownership  of  substantial  and  permanent 
improvements  on  said  lot  as  follows:  —  — . 

I  hereby  certify  that  the  lot  above  described  contain ,  and  that  the 

appraised  purchase  price  thereof  is  $ . 

,  Register. 

NOTICE  OF  INTENTION  TO  MAKE  PEOOF. 

Department  of  the  Interior, 

Land  Office  at , , 

,  19—. 


-,  having  applied  to  purchase,  under 


,  the ,  hereby  give  notice  of intention  to  make  proof, 

to  establish  -        -  right  under  said  law  to  enter  the  land  above  described, 

before  the  — ,  at  ,  ,  on ,  19 — ,  by  two  of  the 

following  witnesses: 

,  of               ,  -  . 
of . 


Notice  of  the  above  application  will  be  published  in  the 


printed  at , ,  which  I  hereby  designate  as  the  newspaper  published 

nearest  the  land  described. 

,  Register. 


NOTICE  FOR  PUBLICATION  OF  MAKING  PROOF. 
Department  of  the  Interior, 


Land  Office  at 


-,  19-. 


Notice  is  hereby  given  that  --  ,  as  --  ,  has  filed  notice 
of  his  intention  to  make  proof  of  his  right  to  enter,  under  -  -  , 
the  --  ,  and  that  said  proof  will  be  made  before  -  —  at 

-  ,  -  ,  on  --  ,  19  —  ,  and  he  names  as  his  witnesses  in  making 
such  proof  — 

--  ,  of  -  ,  -  . 


nf  _    _  • 

,    OI  , 

nf  _    _ 
,  01  —  , 

--  ,  Register. 


NOTICE  OF  PUBLIC  SALE. 

Department  of  the  Interior, 

Land  Office  at , , 

,  19—. 


Notice  is  hereby  given  that  on  the  day  of ,  19 — ,  at 


-,  beginning  at  10  a.  m.  of  that  day  and  continuing  thereafter  from  day 
to  day  as  long  as  may  be  necessary,  we  will  offer  at  public  outcry  to  the  high- 
est bidder  for  cash  at  not  less  than  the  appraised  value  thereof — , 

in  the  townsite  of , ,  as  delineated  and  designated  on  the  plat  of 

said  townsite,  approved , ,  now  on  file  in  our  office. 

The  purchase  price  must  be  paid  in  cash  to  the  receiver  before  the  close 
of  his  office  on  the  day  the  bid  is  accepted. 

All  parties  are  warned  under  the  penalty  named  in  section  2373,  U.  S.  Rev. 
Stats.,  against  any  combination  or  action  tending  to  hinder  or  embarrass  the 
sale  of  said  lots  or  to  prevent  free  competition  between  bidders. 

,  Register. 

,  Receiver. 

No.  . 

CERTIFICATE   OF   ENTRY   UXDKR    SECTION   2387. 
Department  of  the  Interior, 

Land  Office  at  , , 

,  19-. 

I  hereby  certify  that,  in  pursuance  of  sections  2387  to  2393,  U.  S.  Rev. 


246 

Stats., ,  of County,  State  of ,  ha —  this  day 

purchased  for  the  sum  of  $ ,  the of  section  No. , 

in  township  No.  ,  of  range  No.  ,  of  the  Principal  Meridian^ 

containing acres,  at  the  rate  of  $ — per  acre  for  the  townsite 

of . 

Now,  therefore,  be  it  known  that  on  the  presentation  of  this  certificate 

to  the  Commissioner  of  the  General  Land  Office,  the  said  

shall  be  entitled  to  receive  a  patent  for  the  land  above  described,  in  trust  for 
the  several  use  and  benefit  of  the  occupants  thereof,  according  to  their 
respective  interests. 

,  Kegister. 

No.  . 

CERTIFICATE  OF  ENTEY  FOR  TOWN  LOTS. 

Department    of   the   Interior, 

Land  Office  at  ,  -    , 

,  19—. 

I  hereby  certify  that  in  pursuance  of 


of  County,  has  this  day  purchased  for  .the  sum  of  $ ,  Lot 


in  Block  No. ,  in  the  townsite  of ,  ,  containing 

as  the   same  delineated   and   designated   on  the 


plat  of  said  townsite,  approved  by  the  Secretary  of  the  Interior  on 


Now,  therefore,  be  it  known,  that  on  the  presentation  of  this  certificate 
to  the  Commissioner  of  the  General  Land  Office  the  said  purchaser  shall  be 

entitled  to  receive  patent  to  said  lot  . 

,  Register. 

No.  . 

OKLAHOMA  TOWNSITE  RESERVATION  CERTIFICATE. 

Department    of   the   Interior, 

Land  Office  at  , 

,  19—. 

I  hereby  certify  that,  pursuant  to  the  provisions  of  section  22  of  the  Act 
of  May  2,  1890  (26  Stal.,  81),  and  the  regulations  thereunder,  

(mayor  or  trustee)  of  the  town  (or  city)   of  ,  in  

County,  Oklahoma,  has  made  application  for  patent  to  said  town   (or  city) 

for in  the  townsite  of  ,  located  on  ,  Sec. 

,  T.  ,  R.  ,  I.  M.,  Oklahoma,  reserved  for  said  public  purposes 

and   delineated  and   designated   on  the  plats   of  said  townsite,   approved  by 

on  ,  ,  said   application  being   accom- 
panied by  satisfactory  proof  of  the  organization  of  said  municipality,  and  of 

said  authority   to   make    application   for   patent   for   said 

reservations. 

Now,  therefore,  be  it  known  that  on  presentation  of  this  certificate  to  the 

Commissioner  of  the  General  Land  Office,  the  said  town  (or  city)  of 

shall  be  entitled  to  a  patent  for  the  tract  (or  tracts)  of  land  above  described, 
to  be  maintained  for  said  public  purposes  as  provided  in  the  Act  herein 
mentioned. 

,  Register. 

[Public— No.  417.] 
[S.   10574.] 

An  Act  to  amend  an  act  entitled  "An  Act  providing  for  the  withdrawal 
from  public  entry  of  lands  needed  for  town-site  purposes  in  connection  with 
irrigation  projects  under  the  reclamation  Act  of  June  seventeenth,  nineteen 
hundred  and  two,  and  for  other  purposes,"  approved  April  sixteenth,  nineteen 
hundred  and  six. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  section  five  of  an  Act  entitled 
"An  Act  providing  for  the  withdrawal  from  public  entry  of  lands  needed  for 
town-site  purposes  in  connection  with  irrigation  projects  under  the  reclama- 
tion Act  of  June  seventeenth,  nineteen  hundred  and  two,  and  for  other  pur- 
poses," approved  April  sixteenth,  nineteen  hundred  and  six,  be  amended  so  as 
to  read  as  follows: 

"Sec.  5.  That  whenever  a  development  of  power  is  necessary  for  the 
irrigation  of  lands,  under  any  project  undertaken  under  the  said  reclamation 


247 

Act,  or  an  opportunity  is  afforded  for  the  development  of  power  under  any 
such  project,  the  Secretary  of  the  Interior  is  authorized  to  lease  for  a 
period  not  exceeding  ten  years,  giving^preference  to  municipal  purposes,  any 
surplus  power  or  power  privilege,  and  the  money  derived  from  such  leases 
shall  be  covered  into  the  reclamation  fund  and  be  placed  to  the  credit  of 
the  project  from  which  such  power  is  derived:  Provided,  That  no  lease 
shall  be  made  of  such  surplus  power  or  power  privileges  as  will  impair  the 
efficiency  of  the  irrigation  project:  Provided  further,  That  the  Secretary 
of  the  Interior  js  authorized,  in  his  discretion,  to  make  such  a  lease  in  con- 
nection with  Rio  Grande  project  in  Texas  and  New  Mexico  for  a  longer 
period  not  exceeding  fifty  years,  with  the  approval  of  the  water  users' 
association  or  associations  under  any  such  project,  organized  in  conformity 
with  the  rules  and  regulations  prescribed  by  the  Secretary  of  the  Interior 
in  pursuance  of  section  six  of  the  reclamation  Act  approved  June  seventeenth, 
nineteen  hundred  and  two." 

Approved,  February  24,  1911. 

REAPPRAISEMENT  AND  SALE  OF  UNSOLD  LOTS  IN  RECLAMATION 

TOWN  SITES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  of  the  Interior 
is  hereby  authorized,  whenever  he  may  deem  it  necessary,  to  reappraise  all 
unsold  lots  within  town  sites  on  projects  under  the  reclamation  Act  heretofore 
or  hereafter  appraised  under  the  provisions  of  the  Act  approved  April 
sixteenth,  nineteen  hundred  and  six,  entitled  "An  Act  providing  for  the 
withdrawal  from  public  entry  of  lands  needed  for  town-site  purposes  in 
connection  with  irrigation  projects  under  the  reclamation  Act  of  June  seven- 
teenth, nineteen  hundred  and  two,  and  for  other  purposes,"  and  the  Act 
approved  June  twenty-seventh,  nineteen  hundred  and  six,  entitled,  "An  Act 
providing  for  the  subdivision  of  lands  entered  under  the  reclamation  Act, 
and  for  other  purposes;"  and  thereafter  to  proceed  with  the  sale  of  such 
town  lots  in  accordance  with  said  Acts. 

Sec.  2.  That  in  the  sale  of  town  lots  under  the  provision  of  the  said 
Acts  of  April  sixteenth  and  June  twenty-seventh,  nineteen  hundred  and  six, 
the  Secretary  of  the  Interior  may,  in  his  discretion,  require  payment  for 
such  town  lots  in  full  at  time  of  sale  or  in  annual  installments,  not  exceeding 
five,  with  interest  at  the  rate  of  six  per  centum  per  annum  on  deferred  pay- 
ments. 

(Public  No.  206,  Approved  June  11,  1910.) 


248 


INDEX. 

LAWS. 

Page 
Act  February  24,  1911— 

Aliens  may  acquire  town  lots  in  Territories 223 

Cemeteries"   224,  242 

Mineral  claims  within  townsites 231 

Park  and  cemetery  entries  by  cities  and  towns 241 

Town  sites: 

Additional    214 

Ceded  Indian  land — 

Minnesota    218 

Apache,   Oklahoma    216 

Blackfeet,  Montana  221,  240 

Cheyenne  Eiver,  South  Dakota 218 

Coeur  d'Alene,  Idaho 222,  240 

Colorado  River,  Arizona 222,  240 

Colville,    Washington    ; 221,  240 

Comanche,  Oklahoma 216 

Crow,    Montana    220,  238 

Flathead,  Montana    220,  238 

Fort  Peck,  Montana 221,  240 

Kiowa,  Oklahoma 217 

Rosebud,    South    Dakota 218,  237 

Shoshone,   W'yoming    219,  237 

Spokane,  Washington  221 

Standing  Rock,  North  and  South  Dakota 218 

Uintah,  Utah    219,  237 

Walker  River,  Nevada 219,  237 

Wichita,  Oklahoma  217 

Wind  River,  Wyoming 219 

Yuma,  California  and  Arizona 222,  240 

Commuted  homestead   217 

County  seat 211 

Entered  by  corporate  authorities  or  county  judges 213,  229 

Platted  by  occupants 226 

Public  reserves  in 236 

Public  reserves  in  vacated,  how  disposed  of 236 

Reclamation  project    240 

Reserved  by  President 211,  224 

Vacated  in  Oklahoma 236 

REGULATIONS. 

Acts  of  Congress.     (See  Index  to  laws.) 

Additional  townsites 214 

Adjustment.     (See  Survey.) 

Appraisement  of  lots: 

Ceded  Indian  lands 233,  240 

Flathead  Indian  lands 233 

Reclamation   projects    240 

Reappraisement — 

Area  limited: 

Additional  townsites  214 

Cemeteries   224,  242 

County  seats  .*. 224 


249 

Page 

Area  Limited — Continued. 

Entries  by  judges  or  corporate  authorities 229 

Lots  in  townsites  platted  by  occupants 226 

Parks  and  cemeteries 223,  241 

Reclamation  project  townsites 240 

Townsites  platted  by  occupants 226 

Cemeteries: 

Entries  by  incorporated  cities  and  towns 241 

Entries  by  private  corporations  or  associations 241 

Combinations  in  restraint  of  sale 225 

Commutation  of  homesteads  for  townsites 236 

Contests  and  protests: 

Involving  commutation  of  homesteads  for  townsites 235 

Involving  lots  in  Flathead  lands 236 

Involving  lots  in  townsites  platted  by  occupants 228 

County-seat  townsites,  how  entered 224 

Declaratory  statement.     (See  Entry  of  townsites.) 

Entry  of  cemeteries 241 

Entry  of  parks  and  cemeteries 241 

Entry  of  town  lots  within: 

Ceded  Indian  lands 233 

Flathead  lands   238 

Reclamation  projects   222 

Reserved  by  President 224 

Townsites  platted  by  occupants 227 

Entry  of  townsites: 

Additional   231 

By  corporate  authorities  or  county  judges 229 

Commutation  of  homesteads  for 236 

County  seat  224 

Declaratory  statement  initiates 229 

Issued  only  after  proof  approved  by  General  Land  Office 231 

Oklahoma  ceded.Indian  lands 216 

Forfeitures  : 

Bids  at  public  sale 225 

^        Preemption  right  of  entry 228 

Preference  right  of  entry 239 

Forms: 

Appraisement  schedule  243 

Application  for  preference  of  entry  in  Flathead  lands 244 

Application  to  preempt  town  lots 244 

Application  to  purchase  town  lots 244 

Application  under  section  2387,  Revised  Statutes 244 

Certificate  of  entry  for  town  lots 246 

Certificate  of  entry  under  section  2387 245 

Notice  for  publication  of  making  proof 245 

Notice  of  intention  to  make  proof 245 

Notice  of  public  sale 245 

Oklahoma  townsite  reservation  certificate 246 

Hearings.     (See  Contest.) 

Homesteads.     (See  Commutation.) 

Indian  lands: 

Blackf eet,  Montana    240 

Cheyenne  River,  South  Dakota 237 

Coeur  d  'Alene,  Idaho 240 

Colorado  River,  Arizona 240 

Colville,  Washington    240 

Crow,  Montana 238 

Flathead,   Montana    238 

Fort  Peck,  Montana 

Minnesota   ceded    237 

Rosebud,  South  Dakota 237 

Shoshone,   Wyoming    238 

Spokane,  Washington   239 

Standing  Rock,  North  and  South  Dakota 237 

Tintah,  Utah   237 

Walker  River,  Nevada 237 


250 

Page 

Indian  Lands — Continued. 

Wind  Kiver,  Wyoming 238 

Yuma,  California  and  Arizona 240 

Isolated  tracts,  public  reserves  sold  as 236 

Laws.    (See  Index  to  laws.) 

Millsites  230,  232 

Mineral  claims  230,  232 

Parks: 

Entry  by  city  or  town 241 

Lots  or  blocks  reserved  for 225,  236,  240 

Proof  required  in  entries  of: 

Additional   townsites 214 

Cemeteries    224,  242 

County  seats 224 

Homesteads  commuted  for  townsites 236 

Lots  in  reclamation  projects 222 

Lots  in  townsites  platted  by  occupants 228 

Lots  under  preference  right 238 

Parks  and  cemeteries 241 

Public  reserves 236,  240 

Townsites  by  corporate  authorities  or  county  judges 229 

Proof  of  claim  to  proceeds  of  sale  of  commuted  homesteads 235 

Practice.     (See  Contests.) 

Order  classifying  townsites  as  current  work 243 

Protest.     (See  Contests.) 

Purchase  price  of: 

Cemeteries   224,  242 

County  seats  224 

Homesteads  commuted  to  townsites 235 

Homesteads  commuted  to  townsites,  disposition  of 235 

Lots  in  Flathead  lands 236 

Lots  in  Indian  lands 236,  240 

Lots  in  townsites  in  reclamation  projects 240 

Lots  in  townsites  platted  by  occupants 228 

Lots  in  townsites  reserved  by  President 225 

On  change  of  townsite  entry 232 

Parks  and  cemeteries 241* 

Public  reserves  in  vacated  townsites 236 

Townsites  entered  by  corporate  authorities  or  county  judges 229 

Townsites  in  Oklahoma 216 

Railroad  rights  of  way  and  station  grounds: 

Must  be  delineated  on  plats 228,  236 

Subject  to  prior  adverse  rights 229,  231 

Reservations: 

Ceded  Indian  lands 216,  240 

Oklahoma  townsites,  how  entered 236 

Oklahoma  townsites,  how  platted 236 

Oklahoma  vacated  townsites,  how  disposed  of 236 

Public  use  in  townsites  reserved  by  President 225 

United  States  use 211,  229 

Settlement  for  townsite  purposes  segregates  land 229 

Survey  of  townsites: 

Adjustment  to  township  survey 228 

Ceded  Indian  lands 236,  240 

Commuted  homesteads   235 

Department  may  make,  when  occupants  fail 228 

Flathead  lands   238 

Occupants  may  make 226 

Reclamation  project 240 

Reserved  by  President 224 

Reservations  in  Oklahoma,  must  be  shown  by  plat 236 

Surveyor-General  to  be  notified 228 

Unsurveyed  public  land 229,  241,  242 

Unsurveyed  land.     (See  Survey.) 

Vacated  townsites,  disposal  of  public  reserves  in 236 


251 


INDEX  TO  CONTENTS. 


(A)  Statutes. 

(B)  Limitation  of  time. 

(C)  Appropriations. 

(D)  Amendments,  New  Mexico  and  Arizona. 

(E)  Ute  Indians  in  Colorado. 

1.  Eegulations. 

2.  Land  selected. 

3.  Contract  and  agreement. 

4.  Map  and  tracing. 

5.  Affidavit  to  map  or  tracing. 

6.  Contract  form  prescribed. 

7.  Lits,  how  to  be  prepared. 

8.  Canals  and  reservoirs. 

9.  Approval  of  maps. 

10.  Patents. 

11.  Certificates. 

12.  Affidavit  of  compliance. 

13.  Lists,  what  called. 

14.  Officers  to  act  on  filing  of  lists. 

15.  Publication  of  lists. 

16.  Payment  of  fees. 

17.  Price  of  land. 

18.  Action  by  General  Land  Office. 
Forms  pages  259  to  262  inclusive. 

Withdrawals  and  supplemental  regulations,  page  263. 
Kegulation  1.     Provisions  of  the  amendatory  Act. 
Eegulation  2.     How  to  establish  benefits. 
Kegulation  3.     Affidavit  of  personal  examination. 

4.  Lists  when  land  in  more  than  one  district. 

5.  Kecord  notations  by  register. 

6.  Action  within  three  months. 

7.  Withdrawn  land  above  projects. 

8.  Prosecution  of  work. 

9.  One  year  period. 
Forms  B,  C. 

D.     Extension  of  time,  supplemental  regulations. 

1.  Destruction  of  dams,  etc. 

2.  Inability  to  complete. 

3.  Error  or  misjudgment. 

4.  Financial  failure. 

5.  Other  reasons. 

6.  Carey  Act  legislation. 

7.  Wyoming. 

8.  Idaho. 

See  Extension  of  Time. 


252 

GENERAL  LAND  OFFICE  REGULATIONS  CONCERNING  THE 
SELECTION  OF  DESERT  LANDS  BY  CERTAIN  STATES 
AND  TERRITORIES  UNDER  THE  ACT  OF  CONGRESS 
APPROVED  AUGUST  18,  1894,  WITH  AMENDMENTS,  AND 
THE  MAKING  OF  FINAL  PROOF  FOR  DESERT  LANDS 
SEGREGATED  THEREUNDER.  APPROVED  APRIL  9, 
1909. 

STATUTES. 

(A)  Section  4  of  the  Act  of  August  18,  1894,  entitled  "An  Act 
making  appropriations  for  sundry  civil  expenses  of  the  Government 
for  the  fiscal  year  ending  June  30,  1895,  and  for  other  purposes" 
(28  Stat.,  372-422),  authorizes  the  Secretary  of  the  Interior,  with 
the  approval  of  the  President,  to  contract  and  agree  to  patent  to 
the  States  of  Washington,  Oregon,  California,  Nevada,  Idaho,  Mon- 
tana, "Wyoming,  Colorado,  North  Dakota,  South  Dakota,  and  Utah, 
or  any  other  States,  as  provided  in  the  Act,  in  which  may  be  found 
desert  lands,  not  to  exceed  1,000,000  acres  of  such  lands  to  each 
State,  under  certain  conditions. 

The  text  of  the  Act  is  as  follows : 

Sec.  4.  That  to  aid  the  public-land  States  in  the  reclamation  of  the  desert 
lands  therein,  and  the  settlement,  cultivation,  and  sale  thereof  in  small  tracts 
to  actual  settlers,  the  Secretary  of  the  Interior,  with  the  approval  of  the  Presi- 
dent, be,  and  hereby  is,  authorized  and  empowered,  upon  proper  application  of 
the  State,  to  contract  and  agree,  from  time  to  time,  writh  each  of  the  States  in 
which  there  may  be  situated  desert  lands  as  defined  by  the  Act  entitled  "An 
Act  to  provide  for  the  sale  of  desert  land  in  certain  States  and  Territories," 
approved  March  third,  eighteen  hundred  and  seventy-seven,  and  the  Act 
amendatory  thereof,  approved  March  third,  eighteen  hundred  and  ninety-one, 
binding  the  United  States  to  donate,  grant,  and  patent  to  the  State  free  of 
cost  for  survey  or  price  such  desert  lands,  not  exceeding  one  million  acres  in 
each  State,  as  the  State  may  cause  to  be  irrigated,  reclaimed,  occupied,  and 
not  less  than  twenty  acres  of  each  one  hundred  and  sixty-acre  tract  cultivated 
by  actual  settlers,  within  ten  years  next  after  the  passage  of  this  Act,  as  thor- 
oughly as  is  required  of  citizens  who  may  enter  under  the  said  desert-land  law. 

Before  the  application  of  any  State  is  allowed  or  anv  contract  or  agree- 
ment is  executed  or  any  segregation  of  any  of  the  land  from  the  public 
domain  is  ordered  by  the  Secretary  of  the  Interior,  the  State  shall  file  a  map  of 
the  said  land  proposed  to  be  irrigated,  which  shall  exhibit  a  plan  showing  the 
mode  of  the  contemplated  irrigation  and  which  plan  shall  be  sufficient  to 
thoroughly  irrigate  and  reclaim  said  land  and  prepare  it  to  raise  ordinary 
agricultural  crops  and  shall  also  show  the  source  of  the  water  to  be  used  for 
irrigation  and  reclamation,  and  the  Secretary  of  the  Interior  may  make  neces- 
sary regulations  for  the  reservation  of  the  lands  applied  for  by  the  States 
to  date  from  the  date  of  the  filing  of  the  map  and  plan  of  irrigation,  but  such 
reservation  shall  be  of  no  force  whatever  if  such  map  and  plan  of  irrigation 
shall  not  be  approved.  That  any  State  contracting  under  this  section  is  hereby 
authorized  to  make  all  necessary  contracts  to  cause  the  said  lands  to  be 
reclaimed,  and  to  induce  their  settlement  and  cultivation  in  accordance  with 
and  subject  to  the  provisions  of  this  section;  but  the  State  shall  not  be  author- 
ized to  lease  any  of  said  lands  or  to  use  or  dispose  of  the  same  in  any  way 
whatever,  except  to  secure  their  reclamation,  cultivation,  and  settlement. 

As  fast  as  any  State  may  furnish  satisfactory  proof,  according  to  such 
rules  and  regulations  as  may  be  prescribed  by  the  Secretary  of  the  Interior, 
that  any  of  said  lands  are  irrigated,  reclaimed,  and  occupied  by  actual  settlers, 
patents  shall  be  issued  to  the  State  or  its  assigns  for  said  lands  so  reclaimed 
and  settled:  Provided,  That  said  States  shall  not  sell  or  dispose  of  more  than 
one  hundred  and  sixty  acres  of  said  lands  to  any  one  person,  and  any  surplus 
of  money  derived  by  any  State  from  the  sale  of  said  lands  in  excess  of  tho 
cost  of  their  reclamation,  shall  be  held  as  a  trust  fund  for  and  be  applied  to 
the  reclamation  of  other  desert  lands  in  such  State.  That  to  enable  the  Sec- 
retary of  the  Interior  to  examine  any  of  the  lands  that  may  be  selected  under 


253 

the  provisions  of  this  section,  there  is  hereby  appropriated  out  of  any  moneys 
in  the  Treasury  not  otherwise  appropriated  one  thousand  dollars. 

In  the  Act  making  appropriations  for  sundry  civil  expenses  of 
the  Government  for  the  fiscal  year  ending  June  30,  1897,  and  for 
other  purposes,  approved  June  11,  1896  (29  Stat.,  413-434),  there 
is,  under  the  head  of  appropriation  for  ''Surveying  public  lands," 
the  following  provision : 

That  under  any  law  heretofore  or  hereafter  enacted  by  any  State  providing 
for  the  reclamation  of  arid  lands,  in  pursuance  and  acceptance  of  the  terms 
of  the  grant  made  in  section  four  of  an  Act  entitled  "An  Act  making  appro- 
priations for  the  sundry  civil  expenses  of  the  Government  for  the  fiscal  year 
ending  June  thirtieth,  eighteen  hundred  and  ninety-five,"  approved  August 
eighteenth,  eighteen  hundred  and  ninety-four,  a  lien  or  liens  is  hereby  author- 
ized to  be  created  by  the  State  to  which  such  lands  are  granted  and  by  no  other 
authority  whatever,  and  when  created  shall  be  valid  on  and  against  the  sep- 
arate legal  subdivisions  of  land  reclaimed,  for  the  actual  cost  and  necessary 
expenses  of  reclamation  and  reasonable  interest  thereon  from  the  date  of 
reclamation  until  disposed  of  to  actual  settlers;  and  when  an  ample  supply  of 
water  is  actually  furnished  in  a  substantial  ditch  or  canal,  or  by  artesian  wells 
or  reservoirs,  to  reclaim  a  particular  tract  or  tracts  of  such  lands,  then  patents 
shall  issue  for  the  same  to  such  State  without  regard  to  settlement  or  cultiva- 
tion: Provided,  That  in  no  event,  in  no  contingency,  and  under  no  circum- 
stances shall  the  United  States  be  in  any  manner  directly  or  indirectly  liable 
for  any  amount  of  any  such  lien  or  liability,  in  whole  or  in  part. 

(B)  The  limitation  of  time  in  the  above-quoted  section  4  was 
modified  by  section  3  of  the  Act  entitled  "An  Act  making  appro- 
priations for  sundry  civil  expenses  of  the  Government  for  the  fiscal 
year  ending  June  30, 1902,  and  for  other  purposes,"  approved  March 
3,  1901  (31  Stat.,  1133-1188),  which  provides  as  follows: 

Sec.  3.  That  section  four  of  the  Act  of  August  eighteenth,  eighteen  hundred 
and  ninety-four,  entitled  "An  Act  making  appropriations  for  sundry  civil 
expenses  of  the  Government  for  the  fiscal  year  ending  June  thirtieth,  eighteen 
hundred  and  ninety-fire,  and  for  other  purposes,"  is  hereby  amended  so  that 
the  ten  years'  period  within  which  any  State  shall  cause  the  lands  applied  for 
under  said  Act  to  be  irrigated  and  reclaimed,  as  provided  in  said  section  as 
amended  by  the  Act  of  June  eleventh,  eighteen  hundred  and  ninety-six,  shall 
begin  to  run  from  date  of  approval  by  the  Secretary  of  the  Interior  of  the 
State's  application  for  the  segregation  of  such  lands;  and  if  the  State  fails 
within  said  ten  years  to  cause  the  whole  or  any  part  of  the  lands  so  segregated 
to  be  so  irrigated  and  reclaimed,  the  Secretary  of  the  Interior  may,  in  his 
discretion,  continue  said  segregation  for  a  period  of  not  "exceeding  five  years, 
or  may,  in  his  discretion,  restore  such  lands  to  the  public  domain. 

By  the  Act  of  March  1,  1907  (34  Stat.,  1057),  the  provisions  of 
the  foregoing  Acts  were  extended  to  the  desert  lands  within  the 
former  Southern  Ute  Indian  Reservation  in  Colorado. 

Said  Act  is  as  follows: 

Be-  it  enacted  .by.  thg  Senate  and  House  ,pf  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  provisions  of  section  four 
of  "An  Act  making  appropriations  for  sundry  civil  expenses  of  the  Govern- 
ment for  the  fiscal  year  ending  June  thirtieth,  eighteen  hundred  and  ninety- 
five,  and  for  other  purposes,"  approved  August  eighteenth,  eighteen  hundred 
and  ninety-four,  and  the  acts  amendatory  thereof,  approved  June  eleventh, 
eighteen  hundred  and  ninety-six,  and  March  third,  nineteen  hundred  and  one, 
respectively  be,  and  are  hereby,  extended  over  and  shall  apply  to  the  desert 
lands  included  within  the  limits  of  the  former  Southern  Ute  Indian  Reserva- 
tion in  Colorado  not  included  in  any  forest  reservation:  Provided,  That  before 
a  patent  shall  issue  for  any  of  the  lands  aforesaid  under  the  terms  of  the 
said  act  approved  August  eighteenth,  eighteen  hundred  and  ninety-four, 
and  amendments  thereto,  the  State  of  Colorado  shall  pay  into  the  Treasury 


254 

of  the  United  States  the  sum  of  one  dollar  and  twenty-five  cents  per  acre 
for  the  lands  so  patented,  and  the  money  so  paid  shall  be  subject  to  the 
provisions  of  section  three  of  the  Act  of  June  fifteenth,  eighteen  hundred  and 
eighty,  entitled  "An  Act  to  accept  and  ratify  the  agreements  submitted  by 
the  confederated  bands  of  Ute  Indians  in  Colorado  for  the  sale  of  theii 
reservation  in  said  State,  and  for  other  purposes,  and  to  make  the  necessary 
appropriation  for  carrying  out  same. ' ' 

Sec.  2.  That  no  lands  shall  be  included  in  any  tract  to  be  segregated 
under  the  provisions  of  this  Act  on  which  the  United  States  Government  has 
valuable  improvements  or  which  have  been  reserved  for  Indian  schools  or 
farm  purposes. 

(C)  In  the  Act  making  appropriations  for  sundry  civil  expenses 
of  the  Government  for  the  fiscal  year  ending  June  30,  1909,  and  for 
other  purposes,  approved  May  27,  1908  (35  Stat.,  317-347),  there  is 
under  the  head  of  "Arid  lands  in  Idaho  and  Wyoming,"  the  fol- 
lowing provision: 

That  an  additional  one  million  acres  of  arid  lands  within  each  of  the 
States  of  Idaho  and  Wyoming  be  made  available  and  subject  to  the  terms  of 
section  four  of  an  Act  of  Congress  entitled  ' '  An  Act  making  appropriations 
for  sundry  civil  expenses  of  the  Government  for  the  fiscal  year  ending  June 
thirtieth,  eighteen  hundred  and  ninety-five,  and  for  other  purposes,"  approved 
August  eighteenth,  eighteen  hundred  and  ninety-four,  and  by  amendments 
thereto,  and  that  the  States  of  Idaho  and  Wyoming  be  allowed  under  the 
provisions  of  said  Acts  said  additional  area  or  so  much  thereof  as  may  be 
necessary  for  the  purposes  and  under  the  provisions  of  said  Acts. 

(D)  The  Act  of  February  18,  1909  (Public,  No.  244),  extending 
the  provisions  of  section  4,  Act  of  August  18,  1894,  supra,  and  the 
amendments  thereof,  to  the  Territories  of  New  Mexico  and  Arizona, 
reads  as  follows: 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  all  the  provisions  of  section 
four  of  the  Act  of  Congress  approved  August  eighteenth,  eighteen  hundred  and 
ninety-four,  being  chapter  three  hundred  and  one  to  Supplement  to  Revised 
Statutes  of  the  United  States,  entitled  "An  Act  making  appropriations  for 
sundry  civil  expenses  of  the  Government  for  the  fiscal  year  ending  June 
thirtieth,  eighteen  hundred  and  ninety-five,  and  for  other  purposes,"  and  the 
amendments  thereto  be,  and  the  same  are  hereby,  extended  to  the  Territories 
of  New  Mexico  and  Arizona,  and  that  said  Territories  upon  complying  with 
the  provisions  of  said  Act  shall  be  entitled  to  have  and  receive  all  of  the 
benefits  therein  conferred  upon  the  States. 

Sec.  2.  That  this  Act  shall  be  in  full  force  and  effect  from  and  after 
its  passage. 

(E)  The  provisions  of  said  section  4,  Act  of  August  18,  1894, 
and  the  amendments  thereof,  were  also  extended  to  the  desert  lands 
within  the  former  Ute  Indian  Keservation  in  Colorado,  by  the  Act 
of  February  24,  1909  (Public,  No.  255).    The  text  of  which  is  as 
follows : 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  provision  of  section  four 
of  "An  Act  making  appropriation  for  sundry  civil  expenses  of  the  Govern- 
ment for  the  fiscal  year  ending  June  thirtieth,  eighteen  hundred  and  ninety- 
five,  and  for  other  purposes, ' '  approved  August  eighteenth,  eighteen  hundred 
and  ninety-four,  and  the  amendments  thereof,  approved  June  eleventh,  eighteen 
hundred  and  ninety-six,  and  March  third,  nineteen  hundred  and  one,  respec- 
tively, be,  and  are"  hereby,  extended  over  and  shall  apply  to  the  desert  lands 
within  the  limits  of  all  that  portion  of  the  former  Ute  Indian  Reservation, 
not  included  in  any  national  forest,  in  the  State  of  Colorado,  described  and 
embraced  in  the  Act  entitled  "An  Act  relating  to  lands  in  Colorado  lately 
occupied  by  the  Uncompahgre  and  White  River  Ute  Indians,"  approved  July 


255 

twenty-eighth,  eighteen  hundred  and  eighty- two:  Provided,  That  before  a 
patent  shall  issue  for  any  of  the  lands  aforesaid  under  the  terms  of  the 
Act  approved  August  eighteenth,  eighteen  hundred  and  ninety-four,  and 
amendments  thereto,  the  State  of  Colorado  shall  pay  into  the  Treasury  of 
the  United  .States  the  sum  of  one  dollar  and  twenty-five  cents  per  acre  for 
the  lands  so  patented,  and  the  money  so  paid  shall  be  subject  to  the  provisions 
of  section  three'  of  the  Act  of  June  fifteenth,  eighteen  hundred  and  eighty, 
entitled,  "An  Act  to  accept  and  ratify  the  agreements  submitted  by  the 
confederated  bands  of  Ute  Indians  in  Colorado  for  the  sale  of  their  reserva- 
tion in  said  State,  and  for  other  purposes,  and  to  make  the  necessary  appro- 
priation for  carrying  out  same." 

Sec.  2.  That  no  lands  shall  be  included  in  any  tract  to  be  segregated 
under  the  provisions  of  this  Act  on  which  the  United  States  Government  has 
valuable  improvements,  or  which  have  been  reserved  for  any  Indian  schools 
or  farm  purposes. 

REGULATIONS. 

1.  Under  the  provisions  of  the  Acts  quoted  the  States  and  Ter- 
ritories are  allowed  ten  years  from  the  date  of  the  approval  of  the 
application  for  the  segregation  of  the  land  by  the  Secretary  of  the 
Interior,  in  which  to  irrigate  and  reclaim  them.     The  Secretary  of 
the  Interior  may,  however,  in  his  discretion,  extend  the  time  for 
irrigating  and  reclaiming  the  lands  for  a  period  of  five  years,  or  he 
may  restore  to  the  public  domain  the  lands  not  reclaimed  at  the 
expiration  of  the  ten  years,  or  of  the  extended  period. 

2.  The  lands  selected  under  these  Acts  must  all  be  desert  lands 
as  defined  by  the  Acts  of  1877  and  1891,  and  the  decisions  and 
regulations  of  this  department  therein  provided  for. 

Lands  which  produce  native  grasses  sufficient  in  quantity,  if 
unfed  by  grazing  animals,  to  make  an  ordinary  crop  of  hay  in 
usual  seasons,  are  not  desert  lands.  Lands  which  will  produce  an 
agricultural  crop  of  any  kind  in  amount  sufficient  to  make  the  culti- 
vation reasonably  remunerative  are  not  desert.  Lands  containing 
sufficient  moisture  to  produce  a  natural  growth  of  trees  are  not  to 
be  classed  as  desert  lands. 

Lands  occupied  by  bona  fide  settlers  and  lands  containing  val- 
uable deposits  of  coal  or  other  minerals  are  not  subject  to  selection. 

3.  The  second  paragraph  of  section  4,  before  quoted,  provides 
that  before  the  application  of  any  State  is  allowed  or  any  contract 
or  agreement  is  executed  or  any  segregation  of  any  of  the  land 
from  the  public  domain  is  ordered  by  the  Secretary  of  the  Interior, 
the  State  shall  file  a  map  of  the  land  selected  and  proposed  to  be 
irrigated,  which  shall  exhibit  a  plan  showing  the  mode  of  contem- 
plated irrigation  and  the  source  of  the  water.     In  accordance  with 
the  requirements  of  the  Act,  the  State  must  give  full  data  to  show 
that  the  proposed  plan  will  be  sufficient  to  thoroughly  irrigate  and 
reclaim  the  land  and  prepare  it  to  raise  ordinary  agricultural  crops ; 
for  which  purpose  a  statement  by  the  state  engineer  of  the  amount 
of  water  available  for  the  plan  of  irrigation  will  be  necessary.     The 
other  data  required  can  not  be  fully  prescribed,  as  it  wTill  depend 
upon  the  nature  of  the  plan  submitted.     All  information  necessary 
to  enable  this  office  to  judge  of  its  practicability  for  irrigating  all 
the    land   selected   must    be   submitted.     Upon   filing   of   the   map 
showing  the  plan  of  irrigation,  and  the  lands  selected,  such  lands 
will  be  withheld  from  other  disposition  until  final  action  is  had 
thereon  by  the  Secretary  of  the  Interior.     If  such  final  action  be  a 
disapproval  of  the  map  and  plan,  the  lands  selected  shall,  without 
further  order,  be  subject  to  disposition  as  if  such  reservation  had 


256 

never  been  made;  and  the  local  officers  will  make  the  appropriate 
notations  on  the  tract  books  and  plat  books,  opposite  those  pre- 
viously made,  in  accordance  with  the  requirements  of  paragraph  7. 

4.  The  map  must  be  on  tracing  linen,  in  duplicate,  and  must  be 
drawn  to  a  scale  not  greater  than  1,000  feet  to  1  inch.     A  smaller 
scale  is  desirable,  if  the  necessary  information  can  be  clearly  shown. 
The  map  and  field  notes  in  duplicate  must  be  filed  in  the  local  laud 
office  for  the  district  in  which  the  land  is  located.    If  the  lands 
selected  are  located  in  more  than  one  district,  duplicate  map  and 
field  notes  need  be  filed  in  but  one  district  and  single  sets  in  the 
others.     Each  legal  subdivision  of  the  land  selected  should  be  clearly 
indicated  on  the  map  by  a  check  mark,  thus:  V-     The  map  and  field 
notes  must  show  the  connections  of  termini  of  a  canal  or  of  the 
initial  point  of  a  reservoir  with  public  survey  corners,  the  connec- 
tions with  public  survey  corners  wherever  section  or  township  lines 
are  crossed  by  the  proposed  irrigation  works,  and  must  show  full 
data  to  admit  of  retracing  the  lines  of  the  survey  of  the  irrigation 
works  on  the  ground. 

5.  The  map  should  bear  an  affidavit  of  the  engineer  who  made 
or  supervised  the  preparation  of  the  map  and  plan,  Form  1,  page  11, 
and  also  of  the  officer  authorized  by  the  State  to  make  its  selections 
under  the  Act,  Form  2,  page  11.     The  map  should  be  accompanied 
by  a  list  in  triplicate  of  the  lands  selected,  designated  by  legal  sub- 
divisions, properly  summed  up  at  the  foot  of  each  page,  and  at  the 
end  of  the  list.     If  the  lands  selected  are  located  in  more  than  one 
district,  a  list  in  triplicate  must  be  filed  in  each  office,  describing 
the  lands  selected  in  that  district.     Clear  carbon  copies  are  pre- 
ferred for  the  duplicate  and  triplicate  lists.     The  lists  should  be 
dated  and  verified  by  a  certificate  of  the  selecting  agent,  Form  3, 
page  12.     The  party  appearing  as  agent  of  the  State  must  file  with 
the  Register  and  Receiver  written  and  satisfactory  evidence,  under 
seal,  of  his  authority  to  act  in  the  premises;  such  evidence  once 
filed  need  not  be  duplicated  during  the  period  for  which  the  agent 
was  appointed.     The  State  should  number  the  lists  in  consecutive 
order,  beginning  with  No.  1,  regardless  of  the  land  office  in  which 
they  are  to  be  filed.    Form  of  title  page  to  be  prefixed  to  the  lists 
of  selections  will  be  found  on  page  12,  marked  "A."    Lists  received 
at  this  office   containing   erasures  will  not   be   filed,   but  will   be 
returned  in  order  that  new  ones  may  be  prepared.     When  a  town- 
ship has  not  been  subdivided,  but  has  had  its  exteriors  surveyed, 
the  whole  township  may  be  designated,  omitting,  however,  the  sec- 
tions to  which  the  State  may  be  entitled  under  its  grant  of  school 
lands.     When  the  records  are  in  such   condition  that  the  proper 

•notations  may  be  made,  a  section  or  part  of  a  section  of  unsurveyed 
land  may  be  designated  in  the  list;  but  no  patent  can  issue  thereon 
until  the  land  has  been  surveyed. 

6.  A  contract  in  the  form  herein  prescribed  (Form  5,  p.  13),  in 
duplicate,  signed  by  the  state  officer  authorized  to  execute  such  con- 
tract, must  also  be  filed.     A  carbon  copy  of  the  contract  will  not  be 
accepted.*    The  person  who  executes  the  contract  on  behalf  of  the 
State  must  furnish  evidence  of  his  authority  to  do  so. 

*Printed  copies  of  the  contract,  in  which  the  list  of  lands  can  be  in- 
serted, will  be  furnished  to  the  State,  or  to  parties  dealing  with  it,  on  appli- 
cation to  the  General  Land  Office. 


257 

7.  The  lists  must  be  carefully  and  critically  examined  by  the 
Register  and  Receiver,  and  their  accuracy  tested  by  the  plats  and 
records  of  their  office.     When  so  examined  and  found  correct  in  all 
respects,  they  will  attach  a  certificate  at  the  foot  of  each  list  (Form 
4,  page  12).     The  Register  must  note  on  the  map,  lists,  contracts, 
and  all  papers  the  name  of  the  land  office  and  the  date  of  filing  over 
his  written  signature  and  will  thereupon  post  the  selections  in  ink 
in  the  tract  book  after  the  following  manner:     "Selected  —     — , 

19 — ,  by ,  the  State  ,  as  desert  land,  Act  of 

August  18,  1894,  serial  No.  -  — ,"  and  on  the  plats  he  will  mark  the 
tracts  so  selected  "State  desert  land  selection."     After  the  selec- 
tions are   properly  posted  and  marked  on  the  records,   the  lists, 
maps,  and  all  papers  will  be  transmitted  to  the  General  Land  Office. 

For  rejected  selections  a  new  list  will  be  required,  upon  which 
the  Register  will  note  opposite  each  tract  the  objections  appearing 
on  the  records  and  indorse  thereon  his  reasons  in  full  for  refusing 
to  certify  the  same.  The  State  will  be  allowed  to  appeal  in  the 
manner  provided  for  in  the  Rules  of  Practice.  It  is  required  that 
clear  lists  of  approvals  shall  in  every  case  be  made  out  by  the  select- 
ing agents,  if  after  the  above  examination  one  or  more  tracts  have 
been  rejected,  showing  clearly  and  without  erasure  the  tracts  to 
which  the  Register  is  prepared  to  certify.  On  the  map  of  lands 
selected  the  Register  will  mark  rejected  such  tracts  as  he  has 
rejected  on  the  lists. 

8.  When  the  canals  or  reservoirs  required  by  the  plan  of  irri- 
gation cross  public  land  not  selected  by  the  State,  an  application 
for  right  of  way  over  such  lands  under  sections  18  to  21,  Act  of 
March  3,  1891  (26  Stat.,  1085),  should  be  filed  separately,  in  accord- 
ance with  the  regulations  under  said  Act. 

9.  In  the  preceding  paragraphs  instructions  are  given  for  the 
designation  of  the  lands  by  the  proper  State  authorities.     Upon  the 
approval  of  the  map  of  the  lands  and  the  plan  of  irrigation,  the 
contract  is  executed  by  the  Secretary  of  the  Interior  and  approved 
by  the  President,  as  directed  by  the  Act.     Upon  the  approval  of 
the  map  and  plan,  the  lands  are  reserved  for  the  purposes  of  the 
Act,  said  reservation  dating  from  the  date  of  the  filing  of  the  map 
and  plan  in  the  local  land  office.     A  duplicate  of  the  approved  map 
and  plan,  and  of  the  list  of  lands,  is  transmitted  for  the  files  of  the 
local  land  office,  and  a  triplicate  copy  of  the  list  is  forwarded  to  the 
State  authorities. 

10.  When  patents  are  desired  for  any  lands  that  have  been 
segregated,  the  State  should  file  in  the  local  land  office  a  list,  to 
which  is  prefixed  a  certificate  of  the  presiding  officer  of  the  State 
land  board,  or  other  officer  of  the  State  who  may  be  charged  with 
the  duty  of  disposing  of  the  lands  wrhich  the  State  may  obtain 
under  the  law  (Form  6,  page  14)  ;  and  followed  by  an  affidavit  of 
the  State  engineer,  or  other  State  officer  whose  duty  it  may  be  to 
superintend  the  reclamation  of  the  lands  (Form  7,  page  15). 

11.  The  certificate  of  Form  6  is  required  in  order  to  show  that 
the  State  laws  accepting  the  grant  of  the  lands  have  been  duly 
complied  with. 

12.  The  affidavit  of  Form  7  is  required  in  order  to  show  com- 
pliance with  the  provisions  of  the  law,  that  an  ample  supply  of  water 


258 

has  been  actually  furnished  in  a  substantial  ditch  or  canal,  or  by 
artesian  wells  or  reservoirs,  for  each  tract  in  the  list,  sufficient  to 
thoroughly  irrigate  and  reclaim  it,  and  to  prepare  it  to  raise  ordi- 
nary agricultural  crops.  A  separate  statement  by  the  State  engi- 
neer must  be  furnished,  giving  all  the  facts  as  to  the  water  supply 
and  the  nature,  location,  and  completion  of  the  irrigation  works. 

If  there  are  some  high  points  which  it  is  not  practicable  to  irri- 
gate, the  nature,  extent,  location,  and  area  of  such  points  should  be 
fully  stated.  If  no  part  of  a  legal  subdivision  is  susceptible  of 
irrigation,  such  legal  subdivision  must  be  relinquished.  Lands 
upon  which  valuable  deposits  of  coal  or  other  minerals  are  discov- 
ered will  not  be  patented  to  the  State  under  these  Acts. 

13.  These  lists  will  be  called  "lists  for  patent,"  and  should  be 
numbered  by  the  State  consecutively,  beginning  with  No.  1.     The 
list  should  also  show,  opposite  each  tract,  the  number  of  the  ap- 
proved segregation  list  in  which  it  appears.     The  aggregate  area 
should  be  stated  at  the  foot  of  each  page  and  at  the  end  of  the  list. 

14.  Upon  the  filing  of  such  list  the  local  officers  will  place 
thereon  the  date  of  filing  and  note  on  the  records  opposite  each 

tract  listed:     "List  for  patent  serial  No. ,  filed ," 

giving  the  date. 

15.  "When  said  list  is  filed  in  the  local  land  office  there  shall 
also  be  filed  by  the  State  a  notice,  in  duplicate,  prepared  for  the 
signature   of   the   register   and   receiver,   describing   the   land   by 
sections,   and   portions   of  sections,   where   less   than   a   section   is 
designated    (Form  8,  p.  15).    This  notice  shall  be  published  at  the 
expense  of  the  State  once  a  week  in  each  of  nine  consecutive  weeks, 
in  a  newspaper  of  established  character  and  general  circulation,  to 
be  designated  by  the  Register  as  published  nearest  the  land.     One 
copy  of  said  notice  shall  be  posted  in  a  conspicuous  place  in  the 
local  office  for  at  least  sixty  days  during  the  period  of  publication. 

16.  At  the  expiration  of  the  period  of  publication  the  State 
shall  file  in  the  local  office  proof  of  said  publication  and  of  payment 
for  the  same.     Thereupon  the  Register  and  Receiver  shall  forward 
the  list  for  patent  to  the  General  Land  Office,  noting  thereon  any 
protests  or  contests  which  may  have  been  filed,  transmitting  such 
papers,    and    submitting    any    recommendations    they    may    deem 
proper.     They  will  also  forward  proofs  of  publication,  of  payment 
therefor,  and  of  the  posting  of  the  list  in  their  office. 

17.  Before   patents    are   issued    for   lands   within    the   former 
Southern  Ute  and   the  Ute  Indian  Reservations  in   Colorado,   the 
State  will  be  required  to  pay  the  price  ($1.25  per  acre)   fixed  by 
the  Acts  of  March  1,  1907,  and  February  24,  1909.     The  State  will 
be  advised  of  the  number  of  acres  which  will  be  included  in  the 
patent  and  payment  shall  be  made  to  the  Receiver  of  the  proper 
land  office,  who  will  issue  a  receipt  as  in  other  cases.     The  money 
will  be  accounted  for  in  the  same  manner  as  other  monej^s  received 
from  the  disposal  of  such  lands. 

18.  Upon  the  receipt  of  the  papers  in  the  General  Land  Office 
such  action  will  be  taken  in  each  case  as  the  showing  may  require, 
and   all  tracts   that   are   free   from   valid  protest   or   contest,   and 
respecting  which  the  law  and  regulations  have  been  complied  with, 


259 

will  be  certified  to  the  Secretary  of  the  Interior  for  approval  and 
patenting. 

Fred  Dennett, 

Commissioner,  General  Land  Office. 
Approved  April  9,  1909. 
R.  A.  Ballinger, 

Secretary  of  the  Interior. 

FORM  1. 

State  of , 

County  of  ,  ss: 

,   being   duly  sworn^  says  he  is  the   engineer  under  whose 


supervision  the  survey  and  plan  hereon  were  made  (or  is  the  person  em- 
ployed to  make,  etc.);  that  the  tracts  shown  hereon  to  be  selected  are  each 
and  every  one  desert  land  as  contemplated  by  the  Act  of  Congress  approved 
August  18,  1894  (28  Stat.,  372-422),  the  Act  of  June  11,  1896  (29  Stat.,  434); 
and  the  Act  of  March  3,  1901  (31  Stat.,  1133-1188);*  that  he  is  well  acquainted 
with  the  character  of  the  land  herein  applied  for,  having  personally  examined 
same;  that  there  is  not  to  his  knowledge  within  the  limits  thereof  any  vein 
or  lode  or  quartz  or  other  rock  in  place  bearing  gold,  silver,  cinnabar,  lead, 
tin,  or  copper,  nor  any  deposit  of  coal,  placer,  cement,  gravel,  salt  spring,  or 
deposit  of  salt,  nor  other  valuable  mineral  deposit;  that  no  portion  of  said 
land  is  claimed  for  mining  purposes  under  the  local  customs  or  rules  of  miners, 
or  otherwise;  that  no  portion  of  said  land  is  worked  for  mineral  during  any 
part  of  the  year  by  any  person  or  persons;  that  said  land  is  essentially  non- 
mineral  land,  and  that  the  land  is  not  occupied  by  any  settler;  that  the  plan 
of  irrigation  herewith  submitted  is  accurately  and  fully  represented  in  ac- 
cordance with  ascertained  facts;  that  the  system  proposed  is  sufficient  to 
thoroughly  irrigate  and  reclaim  said  land  and  prepare  it  to  raise  ordinary 
crops;  and  that  the  survey  of  said  system  of  irrigation  is  accurately  repre- 
sented upon  this  map  and  the  accompanying  field  notes. 


Subscribed  and  sworn  to  before  me  this  day  of  ,  19 — . 

[Seal.]  , 

Notary  Public. 


FORM  2. 
State  of , 


County  of 


being  duly  sworn,  says  that  he  is  the  (designation 

of  office)    authorized  by  the  State   of  'to  make  desert-land   selections 

under  the  Act  of  Congress  approved  August  18,  1894  (28  Stat.,  372-422),  the 
Act  of  June  11,  1896  (29  Stat.,  434),  and  the  Act  of  March  3,  1901  (31  Stat., 
1133-1188);*  that  the  plan  of  irrigation  and  survey  herewith  is  submitted 

under  authority  of  the  State   of ;   and   that  the   tracts   shown   hereon 

to  be  selected  are  each  and  every  one  desert  land,  as  contemplated  by  the 
said  Act  of  Congress,  none  being  of  the  classes  designated  as  timber  or 
mineral  lands. 


Subscribed  and  sworn  to  before  me  this  day  of ,  19 — . 

[Seal.]  , 

Notary  Public. 

*The  States  of  Idaho  and  Wyoming  must  insert  here  a  reference  to  the 
Act  of  May  27,  1908  (35  Stat.,  317-347). 

The  State  of  Colorado  must  insert  here  a  reference  to  the  Act  of  March 
1,  1907  (34  Stat.,  1057),  when  the  lands  are  within  the  former  Southern  Ute 
Indian  Reservation,  and  to  the  Act  of  February  24,  1909  (Public  No.  255), 
whe«  the  lands  are  within  the  former  Ute  Indian  Reservation. 

A. 

State  of  -* , 


United  States  Land  Office, 

,  19-. 

-,  the  duly  authorized  agent  of  the  State  of  ,  under 


260 

and  by  virtue  of  an  Act  of  Congress  approved  August  18,  1894  (28  Stat., 
372-422),  the  Act  of  June  11,  1S96  (29  Stat.,  434),  and  the  Act  of  March  3, 
1901  (31  Stat.,  1133-1188),*  and  in  pursuance  of  the  rules  and  regulations  pre- 
scribed by  the  Secretary  of  the  Interior,  hereby  makes  and  files  the  follow- 
ing list  of  desert  public  lands  which  the  State  is  authorized  to  select  under 
the  provisions  of  the  said  Acts  of  Congress: 


FORM  3. 
State  of  , 


County  of 


I, ,  being  duly  sworn  depose  and  say  that  I  am (desig- 
nation of  office)  authorized  by  the  State  of  to  make  desert-land  selec- 
tions under  the  Act  of  Congress  approved  August  18,  1894  (28  Stat.,  372-422), 
the  Act  of  June  11,  1896  (29  Stat.,  434),  and  the  Act  of  March  3,  1901  (31 
Stat.,  1133-1188);*  that  the  foregoing  list  of  lands  which  I  hereby  select  is 
a  correct  list  of  lands  selected  under  said  Acts;  that  the  lands  are  vacant, 
unappropriated,  are  not  interdicted  timber  nor  mineral  lands,  and  are  desert 
lands  as  contemplated  by  the  said  Acts  of  Congress. 

Subscribed  and  sworn  to  before  me  this  day  of  19 — . 

[Seal.]  _, 

Notary  Public. 


FORM  4. 

United  States  Land  Office, 


,  19—. 

We  hereby  certify  that   we   have   carefully  and   critically   examined  the 

foregoing  list  of  lands  selected ,  19 — ,  by  ,  the  duly 

authorized  agent  of  the  State  of  ,  under  the  provisions  of  the  Act  of 

Congress  approved  August  18,  1894  (28  Stat.,  372-422),  the  Act  of  June  11, 
1896  (29  Stat.,  434),  and  the  Act  of  March  3,  1901  (31  Stat.,  1133-1188);*  that 

*See  footnotes  under  Forms  1  and  2. 

we  have  tested  the  accuracy  of  said  list  by  the  plats  and  records  of  this  office, 
and  that  we  find  the  same  to  be  correct.  And  we  further  certify  that  the 
filing  of  said  list  is  allowed  and  approved,  and  that  the  whole  of  said  lands 
are  surveyed  public  lands  of  the  United  States,  and  that  the  same  are  not 
nor  is  any  part  thereof  returned  and  denominated  as  mineral  or  timber  lands; 
nor  is  there  any  homestead  or  other  valid  claim  to  any  portion  of  said  lands 
on  file  or  of  record  in  this  office;  and  that  the  said  lands  are,  to  the  best 
of  our  knowledge  and  belief,  desert  lands,  as  contemplated  by  the  said  Acts 

of  Congress;  and  that  the  fees,  amounting  to  $ ,  have  been  paid  upon 

the  said  area  of acres. 

,  Register. 

,  Receiver. 


FORM  5, 

These  articles  of  agreement,  made  and  entered  into  this  *  day  of 

A.  D.  19 — ,*  by  and  between  -  — ,*  Secretary  of  the  In- 


terior, for  and  on  behalf  of  the  United  States  of  America,  party  of  the  first 

part,  and ,  for  and  on  behalf  of  the  State  of  ,  party  of 

the  second  part,  witnesseth: 

That  in  consideration  of  the  stipulations  and  agreements  hereinafter  made, 
and  of  the  fact  that  said  State  has,  under  the  provisions  of  section  4  of  the 
Act  of  Congress  approved  August  18,  1894,  of  the  Act  of  Congress  approved 
June  11,  1896,  and  of  the  Act  of  Congress  approved  March  3,  1901,f  through 

,  its  proper  officer,  thereunto  duly  authorized,  presented  its  proper 

application  for  certain  lands  situated  within  said  State  and  alleged  to  be 
desert  in  character  and  particularly  described  as  follows,  to  wit:  List  No.  — 
(here  insert  list  of  lands  and  total  area),  and  has  filed  a  map  of  said  lands 
and  exhibited  a  plan  showing  the  mode  by  which  it  is  proposed  that  said  lands 
shall  be  irrigated  and  reclaimed  and  the  source  of  the  water  to  be  used  for 


that  purpose,  the  said  party  of  the  first  part  contracts  and  agrees,  and,  by 
and  with  the  consent  and  approval  of  —  — ,*  President  thereof,  here- 

by binds  the  United  States  of  America  to  donate,  grant  and  patent  to  said 
State,  or  to  its  assigns,  free  from  cost  for  survey  or  price,t  any  particular 
tract  or  tracts  of  said  lands,  whenever  an  ample  supply  of  water  is  actually 
furnished  in  a  substantial  ditch  or  canal,  or  by  artesian  wells  or  reservoirs, 
to  reclaim  the  same,  in  accordance  with  the  provisions  of  said  Acts  of 
Congress,  and  with  the  regulations  issued  thereunder,  and  with  the  terms 
of  this  contract,  at  any  time  within  te/i  years  from  the  date  of  the  ap- 
proval of  the  said  map  of  the  lands. 

It  is  further  understood  that  said  State  shall  not  lease  any  of  said  lands 
or  use  or  dispose  of  the  same  in  any  way  whatever,  except  to  secure  their 
reclamation,  cultivation,  and  settlement;  and  that  in  selling  and  disposing  of 
them  for  that  purpose  the  said  State  may  sell  or  dispose  of  not  more  than 
160  acres  to  any  one  person,  and  then  only  to  bona  fide  settlers  who  are 
citizens  of  the  United  States  or  who  have  declared  their  intention  to  become 
such  citizens;  and  it  is  distinctly  understood  and  fully  agreed  that  all 
persons  acquiring  title  to  said  lands  from  said  State  prior  to  the  issuance 
of  patent,  as  hereinafter  mentioned,  will  take  the  same  subject  to  all  the 
requirements  of  said  Acts  of  Congress  and  to  the  terms  of  this  contract,  and 
shall  show  full  compliance  therewith  before  they  shall  have  any  claim 
against  the  United  States  for  a  patent  to  said  lands. 

It  is  further  understood  and  agreed  that  said  State  shall  have  full  power, 
right,  and  authority  to  enact  such  laws,  and  from  time  to  time  to  make 
and  enter  into  such  contracts  and  agreements,  and  to  create  and  assume  such 
obligations  in  relation  to  and  concerning  said  lands  as  may  be  necessary  to 
induce  and  cause  such  irrigation  and  reclamation  thereof  as  is  required  by  this 
contract  and  the  said  Acts  of  Congress;  but  no  such  law,  contract,  or  obliga- 
tion shall  in  any  way  bind  or  obligate  the  United  States  to  do  or  perform 
any  act  not  clearly  directed  and  set  forth  in  this  contract  and  said  Acts  of 
Congress,  and  then  only  after  the  requirements  of  said  Acts  and  contract 
have  been  fully  complied  with. 

Neither  the  approval  of  said  application,  map,  and  plan,  nor  the  segrega- 
tion of  said  land  by  the  Secretary  of  the  Interior,  nor  anything  in  this  con- 
tract, or  in  the  said  Acts  of  Congress,  shall  be  so  construed  as  to  give  said 
State  any  interest  whatever  in  any  lands  upon  which,  at  the  date  of  the 
filing  of  the  map  and  plan  hereinbefore  referred  to,  there  may  be  an  actual 
settlement  by  a  bona  fide  settler,  qualified  under  the  public  land  laws  to  ac- 
quire title  thereto,  or  which  are  known  to  be  valuable  for  their  deposits  of 
coal  or  other  minerals. 

It  is  further  understood  and  agreed  that  as  soon  as  an  ample  supply  of 
water  is  actually  furnished  in  a  substantial  ditch  or  canal,  or  by  artesian  wells 
or  reservoirs,  to  reclaim  a  particular  tract  or  tracts  of  said  lands  the  said 
State  or  its  assigns  may  make  proof  thereof  under  and  according  to  such  rules 
and  regulations  as  may  be  prescribed  therefor  by  the  Secretary  of  the  In- 
terior, and  as  soon  as  such  proof  shall  have  been  examined  and  found  to  be 
satisfactory  patents  shall  issue  to  said  State,  or  to  its  assigns,  for  the  tracts 
included  in  said  proof. 

The  said  State  shall,  out  of  the  money  arising  from  its  disposal  of  said 
lands,  first  reimburse  itself  for  any  and  all  costs  and  expenditures  incurred 
by  it  in  irrigating  and  reclaiming  said  lands,  or  in  assisting  its  assigns  in  so 
doing;  and  any  surplus  then  remaining  after  the  payment  of  the  cost  of  such 
reclamation  shall  be  held  as  a  trust  fund,  to  be  applied  to  the  reclamation 
of  other  desert  lands  within  said  State. 

This  contract  is  executed  in  duplicate,  one  copy  of  which  shall  be  placed 
of  record  and  remain  on  file  with  the  Commissioner  of  the  General  Land 
Office,  and  the  other  shall  be  placed  of  record  and  remain  on  file  with  the 
proper  officer  of  said  State,  and  it  shall  be  the  duty  of  said  State  to  cause 
a  copy  thereof,  together  with  a  copy  of  all  rules  and  regulations  issued  there- 
under or  under  said  acts  of  Congress,  to  be  spread  upon  the  deed  records  of 
each  of  the  counties  in  said  State  in  which  any  of  said  lands  shall  be  situated. 

*These  blanks  should  be  left  vacant  by  the  state  agent. 

iThe  words  "or  price"  must  be  eliminated  before  the  contract  is  signed 
on  behalf  of  the  State  of  Colorado  when  the  lands  involved  are  within  the 
former  Southern  Ute  or  Ute  Indian  reservations. 


262 


In  testimony  whereof  the  said  parties  have  hereunto  set  their  hands  the 
day  and  year  first  herein  written. 


Secretary  of  the  Interior. 

State  of  . 

By . 


APPEOVAL. 


To  all  to  whom  these  presents  shall  come,  greeting: 

Know   ye,   that    I,   —  — ,*    President    of   the    United    States    of 

America,  do  hereby  approve  and  ratify  the  attached  contract  and  agreement, 
made  and  entered  into  on  the  —          •*  day  of  -       — ,*  19 — ,*  by  and  between 

• ,*  Secretary   of  the   Interior,  for  and   on   behalf   of  the   United 

States,  and  -  — ,  for  and  on  behalf  of  the  State  of  ,  under 

section  4  of  the  Act  of  Congress  approved  August  18,  1894,  the  Act  approved 
June  11,  1896,  and  the  Act  approved  March  3,  1901. f. 


FORMS  FOB  VERIFICATION  AND  PUBLICATION  OF  LISTS  FOR  PATENT 

FORM  6. 

I, ,  do  hereby  certify  that  I  am  the ,  (desig- 
nation of  office)  of  the  State  of  -               ;  that  I  am  charged  with  the 

duty  of  disposing  of  the  lands  granted  to  the  State  in  pursuance  of  section  4, 
Act  of  August  18,  1894  (28  Stat.,  372-422),  the  Act  of  June  11,  1896  (29  Stat., 
434),  and  Act  of  March  3,  1901  (31  Stat.,  1133-1188), t  and  that  the  laws  of 
the  said  State  relating  to  the  said  grant  from  the  United  States  have  been 
complied  with  in  all  respects  as  to  the  following  list  of  lands,  which  is  hereby 
submitted  on  behalf  of  the  said  State  for  the  issuance  of  patent  under  said 
acts  of  Congress. 

[Here  add  list  of  lands.] 


State  of 


FORM  7. 
To  follow  list  of  lands. 


County  of 


being  duly  sworn,  deposes  and  says  that  he  is  the 


>  (designation  of  office)  of  the  State  of  ,  charged  with  the  duty 

of  supervising  the  reclamation  of  lands  segregated  under  section  4,  Act  of 
August  18,1894  (28  Stat.,  372-422),  the  Act  of  June  11,1896  (29  Stat.,  434),  and 
the  Act  of  March  3,  1901  (31  Stat.,  1133-1188), t  that  he  has  examined  the 
lands  designated  on  the  foregoing  list,  and  that  an  ample  supply  of  water 
has  been  actually  furnished  (in  a  substantial  ditch  or  canal,  or  by  artesian 
wells  or  reservoirs)  for  each  tract  in  said  list,  sufficient  to  thoroughly  irrigate 
and  reclaim  it,  and  to  prepare  it  to  raise  ordinary  agricultural  crops. 


Subscribed  and  sworn  to  before  me  this  day  of  -       — ,  19 — . 

[Seal.]  , 

Notary  Public. 


FORM  8. 

Form  for  published  notice. 

United  States  Land  Office, 


To  whom  it  may  concern: 

Notice  is  hereby  given  that  the  State  of  -  has  filed  in  this  office  the 
following  list  of  lands,  to  wit,  -  -  ,  and  has  applied  for  a  patent  for  said 
lands  under  the  Acts  of  August  18,  1894  (28  Stat.,  372-422),  June  11,  1896  (29 
Stat.,  434),  and  March  3,  1901  (31  Stat.,  1133-1188),  t  relating  to  the  granting 
of  not  to  exceed  a  million  acrest  of  arid  land  to  each  of  certain  States;  and 
*These  blanks  should  be  left  vacant  by  the  state  agent. 
fSee  footnotes  under  Forms  1  and  2. 

Jin  the  cases  of  Idaho  and  Wyoming  2,000,000  acres. 


263 

that  the  said  list,  with  its  accompanying  proofs,  is  open  for  the  inspection 
of  all  persons  interested,  and  the  public  generally. 

Within  the  next  sixty  days  following  the  date  of  this  notice,  protests 
or  contests  against  the  claim  of  the  State  to  any  tract  described  in  the  list, 
on  the  ground  of  failure  to  comply  with  the  law,  on  the  ground  of  the  non- 
desert  character  of  the  land,  on  the  ground  of  a  prior  adverse  right,  or  on  the 
ground  that  the  same  is  more  valuable  for  mineral  than  for  agricultural 
purposes,  will  be  received  and  noted  for  report  to  the  General  Land  Office  at 
Washington,  D.  C. 

,  Register. 

,  Eeceiver. 

SELECTIONS    UNDER    CAREY    ACT— WITHDRAWALS— ACT 
OF  MARCH  15,  1910. 

Regulations. 

Supplemental  to  regulations  concerning  the  selection  of  desert  lands  by 
certain  States  and  Territories,  approved  April  9,  1909  (37  L.  D.,  624). 

By  the  Act  of  March  15,  1910  (Public  No.  87),  section  four,  Act  of  August 
18,  1894  (28  Stat.,  372,  422),  commonly  known  as  the  Carey  Act,  was  amended 
so  as  to  authorize  the  Secretary  of  the  Interior,  under  application  of  a  bene- 
ficiary State  or  Territory,  to  temporarily  withdraw  from  settlement  or  entry 
public  lands  of  the  United  States,  pending  survey  and  investigation  prelimi- 
nary to  the  filing  of  application  for  the  segregation  of  such  lands  under  said 
Act  of  August  18,  1894. 

The  text  of  the  Act  is  as  follows: 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  to  aid  in  carrying  out  the 
purposes  of  section  four  of  the  Act  of  August  eighteenth,  eighteen  hundred 
and  ninety-four,  entitled  "An  Act  making  appropriations  for  sundry  civil 
expenses  of  the  Government  for  the  fiscal  year  ending  eighteen  hundred  and 
ninety-five,  and  for  other  purposes,"  it  shall  be  lawful  for  the  Secretary  of 
the  Interior,  upon  application  by  the  proper  officer  of  any  State  or  Territory 
to  which  said  section  applies,  to  withdraw  temporarily  from  settlement  or 
entry  areas  embracing  lands  for  which  the  State  or  Territory  proposes  to  make 
application  under  said  section,  pending  the  investigation  and  survey  prelimi- 
nary to  the  filing  of  the  maps  and  plats  and  application  for  segregation  by 
the  State  or  Territory:  Provided,  That  if  the  State  or  Territory  shall  not  pre- 
sent its  application  for  segregation  and  maps  and  plats  within  one  year  after 
such  temporary  withdrawal  the  lands  so  withdrawn  shall  be  restored  to  entry 
as  though  such  withdrawal  had  not  been  made. 

Approved  March  15,  1910. 

1.  Under   the   provisions   of   this    Amendatory   Act,   public   lands   of   the 
United  States  may  be  temporarily  withdrawn  upon  proper  application  by  a 
beneficiary  State  or  Territory  that  proper  surveys  may  be  prepared  and  inves- 
tigation made  preliminary  to  the  filing  of  application  by  such  State  or  Terri- 
tory, for  the  segregation  of  such  lands  under  the  Carey  Act. 

If  such  application  is  not  filed  within  one  year  from  the  date  of  with- 
drawal, the  lands  so  withdrawn  will,  as  directed  by  the  Act,  be  immediately 
restored  to  entry. 

No  provision  is  made  for  the  extension  of  such  a  temporary  withdrawal. 

2.  To  obtain  the  benefits  of  this  amendatory  Act,  the  State  or  Territory, 
through  its  proper  official,  will  be  required  to  file  in  the  local  land  office  in 
the    land    district    within    which    the    lands    sought    to    be   withdrawn    lie,    an 
application  therefor   (see  appended  Form  B)   which  shall  set  forth  the  name 
of  the  individual  or  corporation  proposing  to  reclaim  the  lands;  that  all  the 
forms  and  conditions  imposed  by  the  State  law  upon   such  proposer,  prior  to 
segregation,  have  been   complied   with;   that,  from   the  showing  made   by  the 
proposer   (or  state  other  source  of  information),  it  is  believed  that  sufficient 
water  to  irrigate  the  whole  of  the  lands  asked  to  be  withdrawn,  over  and  above 
prior  appropriations,  is  available,  and   that  the  proposer  has  either  acquired 
title  to  such  water,  or  applied  for  the  same,  and  that  the  lands  are  desert 
in  character. 

Appended  to  the  application  should  be  a  list  of  the  lands  asked  to  be 
withdrawn;  if  the  lands  are  unsurveyed,  the  fact  should  be  set  forth,  together 


264 

with  a  statement  that  an  application  for  the  survey  thereof  has  been  filed  in 
the  office  of  the  surveyor-general. 

3.  Accompanying  such  application  should  be  filed  an  affidavit  (see  appended 
Form  C),  based  upon  personal  examination,  that  the  lands  sought  to  be  with- 
drawn are  desert  in  character,  as   contemplated  by  the  Carey  Act,  and  are 
nonmineral. 

This  affidavit  should  be  made  either  by  the  proposer,  his  or  its  engineer, 
or  by  the  State  or  Territorial  engineer,  or  one  of  his  assistants. 

4.  Where  the  lands  sought  to  be  withdrawn  are  situated  in  more  than  one 
land  district,  a  list  must  be  filed  in  each  district,  describing  the  lands  in  that 
district. 

5.  Upon  the  filing  of  such  application,  the  register  will  at  once  note  the 
same   upon   his   records  and   will   thereafter   reject  all    applications   to   enter, 
purchase  or  select  any  such  lands,  excepting  when  settlement  or  application 
to  enter,  purchase  or  select  prior  to  the  date  of  filing  of  the  State's  applica- 
tion  is   alleged,   or   disclosed   of   record;    he   will    then   at    once   transmit   the 
application  to  this  office  for  further  action,  first  noting  thereon  the  date  of 
filing,  over  his  written  signature. 

6.  Within  three  months  after  date  of  filing  the  application  for  withdrawal 
in  the  local  office,  the  State  must  file  a  corroborated  affidavit  by  the  proposer, 
his  or  its  engineer,  or  the  State  engineer,  that  the  work  of  surveying  and 
laying  out  the  proposed  irrigation  system  has  been  actually  commenced  in  the 
field  and  is  being  energetically  prosecuted;  this  affidavit  should  show  the  work 
accomplished  and  the  result. 

In  default  of  such  showing  by  the  State,  the  withdrawal  will  be  promptly 
revoked. 

7.  In  the  event  that  any  of  the  tracts  withdrawn  are  found  to  be  above 
the  proposed  irrigation  works,  or  for  any  other  reason  not  susceptible  to  irriga- 
tion, the  fact  and  description  of  the  non-reclaimable  land  by  smallest  legal 
subdivisions  should  be   at   once  communicated   to  this   office,   that   they   may 
be  relieved  from  the  withdrawal. 

8.  If  at  any  time  after  withdrawal  it  is  shown  that  the  State  is  not  ener- 
getically prosecuting  the  investigation  and  survey  of  the  lands,  that  the  same 
are  not  reclaimable  by  the  proposed  system  of  reclamation,  are  not  desert  in 
character,  or  for  any  other  reason  are  not  subject  to  the  provisions   of  the 
Carey  Act,  or  that  the  proposer  is  not  proceeding  in  good  faith,  the  withdrawal 
will  be  at  once  revoked. 

9.  The  one  year  mentioned  in  the  Act  as  the  period  of  withdrawal  will 
commence  to  run  from  the  date  of  the  filing  of  the  application  for  withdrawal 
in  the  local  land  office. 

FOEM  B. 

State  of   , 

United  States  Land  Office, 

, ,  19.. 

,  the  duly  authorized  agent  of  the  State  of   ,  under  and 

by  virtue  of  an  Act  of  Congress  approved  August  18,  1894  (28  Stat.,  372,  422), 
and  the  acts  amendatory  thereof,  and  in  pursuance  of  the  rules  and  regula- 
tions prescribed  by  the  Secretary  of  the  Interior,  hereby  makes  and  files  the 
following  list  of  desert  public  lands,  which  the  State  is  authorized  to  select 
under  the  provisions  of  the  said  Act  of  Congress,  as  an  application  for  the 
temporary  withdrawal  of  such  lands  under  the  provisions  of  the  amenda- 
tory Act  of  March  15,  1910  (Public  No.  87),  preliminary  to  the  survey  and 
investigation  thereof,  with  a  view  to  their  selection  under  said  Act  of  August 
18,  1894,  and  I  hereby  certify  that  this  application  is  made  at  the  instance 

of ,  who  (which)  has  filed  with  the  State  Land  Board  (or  other 

proper  official  or  body)  a  proposition  to  reclaim  such  of  the  lands  in  said 
list  as  may  be  found  susceptible  of  irrigation  and  reclamation;  that  said 
proposer  has  complied  with  all  the  forms  and  condition  imposed  by  the  laws 

of  the  State   ,  upon  such  proposer  prior  to  segregation;  that  from  the 

showing  made  by  him  (or  it),  and  from  other  data  at  my  command,  I  verily 
believe  that  sufficient  water  to  irrigate  the  whole  of  the  lands  withdrawn, 
over  and  above  prior  appropriations,  is  available  and  that  the  proposer  has 
acquired  title  to  such  water  (or  applied  for  or  appropriated  such  water,  as 
the  case  may  be),  and  that  the  lands  are  desert  in  character  (if  the  lands 
are  unsurveyed,  state  the  fact),  and  that  application  for  the  survey  thereof 
has  been  made  by  the  State  to  the  surveyor-general. 


265 

FORM  C. 

State  of ,  County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  State  (or  Territorial) 

engineer  of  the  State    (or  Territory)   of    (if  the  affidavit  is  made  by 

any  one  other  than  the  State  engineer  he  should  be  so  described  as  to  identify 
him  with  the  State  or  the  project);  that  the  tracts  described  in  the  accom- 
panying application  under  the  amendatory  -Act  of  March  15,  1910  (Public  No. 
87),  the  temporary  withdrawal  of  which  is  asked,  pending  survey  and  inves 
tigation  preliminary  to  the  inclusion  thereof  in  State  Segregation  List  No 
.  . . .,  are  each  and  every  one  desert  land  as  contemplated  by  the  Act  of  Con 
gress  approved  August  18,  1894  (28  Stat.,  372,  422),  the  Act  of  June  11,  1890 
(29  Stat.,  434),  and  the  Act  of  March  3,  1901  (31  Stat.,  1133,  1188);  that  he 
is  well  acquainted  with  the  character  of  the  land  herein  applied  for,  having 
personally  examined  same;  that  there  is  not  to  his  knowledge  within  the 
limits  thereof  any  vein  or  lode  of  quartz  or  other  rock  in  place  bearing  gold, 
silver,  cinnabar,  tin,  lead  or  copper,  nor  any  deposit  of  coal,  placer,  cement, 
gravel,  salt  spring,  or  deposit  of  salt,  nor  any  other  deposit  of  valuable  min- 
eral; that  no  portion  of  said  land  is  claimed  for  mining  purposes  under  the 
local  customs  or  rules  of  miners,  or  otherwise;  that  no  portion  of  said  land 
is  worked  for  mineral  during  any  part  of  the  year  by  any  person  or  persons, 
and  that  said  land  is  essentially  nonmineral  land. 

Sworn  to  before  me  this  day  of ,  19. . 


Approved  April  25,  1910:  Notary  Public. 

R.  A.  Ballinger,  Certificate  expires    

Secretary. 

EXTENSION  OF  TIME  FOB  RECLAMATION  PROJECTS  UNDER  CAREY 

ACT. 

Instructions. 

Instructions  governing*  the  extension  of  time  for  irrigation  and  reclama- 
tion plants,  under  Sec,  4,  of  the  Act  of  August  18,  1894,  as  amended  by  Sec. 
3  of  the  Act  of  March  3,  1901. 

Secretary  Ballinger  to  the  Commissioner  of  the  General  Land  Office,  May 
13,  1909: 

Referring  to  that  portion  of  the  Act  of  Congress,  above  cited  (31  Stat., 
1188),  which  authorizes  the  Secretary  of  the  Interior  in  his  discretion  to  con- 
tinue segregation  of  lands  for  a  period  of  not  exceeding  five  years,  or  to 
restore  them  to  the  public  domain,  where  a  State  has  failed  to  reclaim  lands 
segregated  under'  the  Carey  Act  within  the  period  of  ten  years,  prescribed 
by  law,  you  are  advised  that  all  such  applications  must  be  submitted  to  me 
with  your  report  and  recommendation,  and  applications  for  extension  of  time 
will  only  be  entertained  upon  a  showing  of  the  happening  of  some  event  pre- 
venting completion  of  the  reclamation  which  could  not  have  been  reasonably 
:nitiripated  or  guarded  against,  such  as: 

1.  Destruction   of   dams,   reservoirs,  canals,  ditches,   or   other  works   con- 
structed, or  partly  constructed,  by  storms,  floods,  or  other  unavoidable  cas- 
ualties. 

2.  Inability  to  complete  construction  of  reservoirs,  ditches,  canals,  etc.r 
within    ten    years    because    of    unforeseen    structural    or    physical    difficulties 
encountered,  in  cases  where  construction  was  promptly  begun  and  diligently 
prosecuted. 

3.  Error  or  misjudgment  in  surveying  and  locating  ditches,  canals,  etc., 
necessitating    new    surveys    and    construction    in    order    to    effect   proper   and 
permanent  reclamation. 

4.  Financial  failures  on  the  part  of  the  contractor  under  the  State,  which 
delayed  or  prevented  reclamation  and  which  could  not  have  been  foreseen  or 
reasonably  anticipated. 

5.  Other  reasons  not  above  specified  but  falling  within  the  general  scope 
of  these  instructions  will  be  considered  if  presented;  but  in  all  cases  showing 
made   must  be   by  or  through   the   proper  State   authorities   and   clearly   and 
specifically  set  forth  all  the  facts  and  reasons  which  prevented  the  completion 
of  the  contract  or  reclamation  of  the  land  within  the  ten-year  period. 

CAREY  ACT  LEGISLATION,  1911. 

6.  One   million    acres  additional   in    Nevada   subject   to   State    selections 
under  Carey  Act. 


266 

An  additional  one  million  acres  of  arid  lands  within  the  State  of  Nevada 
is  hereby  made  available  and  subject  to  the  terms  of  section  four  of  an  Act  of 
Congress  entitled  "An  Act  making  appropriations  for  sundry  civil  expenses 
of  the  Government  for  the  fiscal  year  ending  June  thirtieth,  eighteen  hundred 
and  ninety-five,  and  for  other  purposes."  Approved  August  eighteenth, 
eighteen  hundred  and  ninety-four,  and  by  amendments  thereto,  and  the  State 
of  Nevada  is  allowed  under  the  provisions  of  said  Acts  said  additional  area, 
or  so  much  thereof  as  may  be  necessary  for  the  purposes  and  under  the  provi- 
sions of  said  Acts. 

(Part  of  Public  No.  525,  approved  March  4,  1911.) 

WYOMING. 

7.  Carey  Act,  allowing  State  selections,  extending  to  land  in  former  mili- 
tary reservation  in  Wyoming. 

Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  that  the  provisions  of  section  four 
of  the  Act  of  August,  eighteen  hundred  and  ninety-four,  and  Acts  amendatory 
thereto,  be,  and  the  same  are  hereby,  made  applicable  to  the  lands  in  the 
former  Fort  Bridger  Military  Reservation  in  Uinta  County,  Wyoming. 

(Public  No.  381,  approved  February  16,  1911.) 

IDAHO. 

8.  (No.  28.)     Joint  resolution  providing  for  additional  lands  for  Idaho 
under  the  provisions  of  the  Carey  Act. 

Eesolved,  By  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  an  additional  one  million  acres 
of  arid  lands  within  the  State  of  Idaho  be  made  available  and  subject  to  the 
terms  of  section  four  of  an  Act  of  Congress  entitled  "An  Act  making  appro- 
priations for  sundry  civil  expenses  of  the  Government  for  the  fiscal  year  ending 
June  thirtieth,  eighteen  hundred  and  ninety-five,  and  for  other  purposes, ' ' 
approved  August  eighteenth,  eighteen  hundred  and  ninety-four,  and  by  amend- 
ments thereto,  and  that  the  State  of  Idaho  be  allowed,  under  the  provisions 
of  said  Acts,  said  additional  area,  or  so  much  thereof  as  may  be  necessary 
for  the  purposes  and  under  the  provisions  of  said  Acts. 

Approved  May  25,  1908.    Sixtieth  Congress,  1907-1908. 

See  "Idaho  under  Carey  Act." 

DESERTED  WIVES— MARRIED  WOMEN. 

(See  Three- Year  Homestead  Law.) 

1.  A  married  woman  who  has  all  of  the  other  qualifications 
of  a  homesteader  may  make  a  homestead  entry  under  any  one  of 
the  following  conditions : 

(a)  Where  she  has  been  actually  deserted  by  her  husband. 

(b)  Where  her  husband  is  incapacitated  by  disease  or  other- 
wise from  earning  a  support  for  his  family  and  the  wife  is  really 
the  head  and  main  support  of  the  family. 

(c)  Where  the  husband  is  confined  in  a  penitentiary  and  she 
is  actually  the  head  of  the  family. 

(d)  Where  the  married  woman  is  the  heir  of  a  settler  or  con- 
testant who  dies  before  making  entry. 

(e)  Where  a  married  woman  made  improvements  and  resided 
on  the  lands  applied  for  before  her  marriage,  she  may  enter  them 
after  marriage  if  her  husband  is  not  holding  other  lands  under  an 
unperfected  homestead  entry  at  the  time  she  applies  to  make  entry. 

2.  If  an  entryman  deserts  his  wife  and  abandons  the  land  cov- 
ered by  his  entry,  his  wife  then  has  the  exclusive  right  to  contest 
the  entry  if  she  has  continued  to  reside  on  the  land,  and  on  securing 
its  cancellation  she  may  enter  the  land  in  her  own  right,  or  she  may 
continue  her  residence,  and  make  proof  in  the  name  of  and  as  the 
agent  for  her  husband,  and  patent  will  issue  to  him. 

3.  If  an  entryman  deserts  his  minor  children  and  abandons  his 
entry  after  the  death  of  his  wife,  the  children  have  the  same  right 


267 

to  make  proof  on  the  entry  as  the  wife  could  have  exercised  had 
she  been  deserted  during  her  lifetime. 

4.  The  marriage  of  the  entrywoman  after  making  entry  will 
not  defeat  her  right  to  acquire  title  if  she  continues  to  reside  upon 
the  land  and  otherwise  comply  with  the  law.    A  husband  and  wife 
can  not,  however,  maintain  separate  residences  on  homestead  entries 
held  by  each  of  them,  and  if,  at  the  time  of  marriage,  they  are  each 
holding  an  unperfected  entry  on  which  they  must  reside  in  order  to 
acquire  title,  they  can  not  hold  both  entries.     In  such  case  they  may 
elect  which  entry  they  will  retain  and  relinquish  the  other. 

5.  A   widow,  if  otherwise   qualified,   may  make   a  homestead 
entry  notwithstanding  the  fact  that  her  husband  made  an  entry 
and  notwithstanding  she  may  be  at  the  time  claiming  the  unper- 
fected entry  of  her  deceased  husband. 

(a)  A  married  woman,  not  the  head  of  a  family,  is  not  quali- 
fied under  the  provisions  of  Sec.  2  of  the  Act  of  June  5,  1872,  to 
make  entry  of  lands  in  the  Bitter  Root  Valley  opened  +o  settlement 
by  said  Act. 

See  case  of  Matilda  C.  Humble  (34  L.  D.,  313). 

6.  The  husband  who  has  deserted  the  wife  can  not  defeat  the 
rights  of  the  wife  to  the  land,  providing  she  is  in  possession  of  and 
occupying  the  same  at  the  time  of  the  filing  of  relinquishment  in 
the  land  office  for  the  district  in  which  the  land  is  situated.     The 
doctrine  that  the  relinquishment  can  not  defeat  the  rights  of  one  in 
possession  of  land  embraced  in  an  uncontested  entry  is  well  settled. 
"Relinquishment  opens  the  land  to   settlement  at  once;  and  the 
right  of  a  settler  then  on  the  land  is  superior  to  that  of  one  who 
makes  entry  immediately  after  the  relinquishment."     A  discussion 
of  this  question  will  be  found  under  title  "Relinquishments."     It 
is  mentioned  here  to  show  that  aside  from  the  rights  of  a  married 
woman  who  has  been  deserted  by  the  husband,  she  would  be  entitled 
to  the  benefit  of  the  rule  as  applied  to  other  persons  in  possession 
of  lands  at  the  time  of  filing  a  relinquishment.     Citation  of  authority 
will  be  found  in  the  title  "Relinquishments." 

7.  Where  a  wife  has  been  divorced  from  her  husband  or  deserted 
so  that  she  is  dependent  upon  her  own  resources  for  support,  she 
may  make  homestead  entry  as  the  head  of  a  family  or  as  a  femme 
sole. 

The  Department  will  determine  the  question  of  desertion  irre- 
spective of  the  judgment  of  any  court  as  to  such  fact. 

8.  "Where  a  married  woman  makes  an  application  for  home- 
stead entry  as  a  deserted  wife,  and  subsequently  procures  a  divorce 
on  the  ground  of  desertion  and  entry  upon  her  application  is  after- 
wards allowed,  in  a  contest  against  such  entry  on  the  ground  of 
fraud  and  collusion,  the  Department  is  not  bound  by  the  finding  of 
fact  made  by  the  court  in  the  divorce  proceeding,  but  may  deter- 
mine from  the  proof  whether  or  not  she  was  a  deserted  wife  at  the 
time  of  her  application." 

See  Jacoby  v.  Kubal  (31  L.  D.,  382). 

9.  "Separation  of  a  husband  and  wife  by  mutual  consent  does 
not  constitute  the  wife  the  head  of  a  family  within  the  meaning  of 
Sec.  2289  of  the  Revised  Statutes,  or  authorize  her  to  make  a  homo- 
stead  entry  as  the  deserted  wife." 

See  Roberts  v.  Seymour  (36  L.  D.,  258). 


268 

10.  The  right  to  make  a  homestead  entry  is  conferred  upon  every 
person  who  is  the  head  of  a  family  or  who  has  arrived  at  the  age 
of  twenty-one  years  and  who  is  a  citizen  of  the  United  States  or  who 
has  filed  his  declaration  of  intention  to  become  such." 

11.  "The  right  of  a  deserted  wife  to  make  entry  rests  in  the 
statutory  privilege  accorded  to  the  'head  of  a  family';  but  the  fact 
of  desertion  must  be  affirmatively  shown  before  the  right  of  entry 
accrues." 

See  Porter  v.  Maxfield  (5  L.  D.,  42) ;  Giblin  v.  Moeller's  Heirs 
(6  L.  D.,  296) ;  Brown  v.  Neville  (14  L.  D.,  459). 

RESIDENCE. 

(See  Commutation  Proof.) 

12.  "The  legal  residence  of  the  wife  is  presumed  to  be  that  of 
her  husband  and  where  both  husband  and  wife  at  the  time  of  mar- 
riage have  an  unperfected  homestead  entry,  they  can  not  thereafter 
maintain  separate  residence  upon   and  perfect  both  entries ;   but 
where  at  the  time  of  marriage  the  wife  only  has  an  unperfected 
homestead  entry  and  thereafter  continues  to  reside  thereon  and 
otherwise  comply  with  the  law,  she  is  entitled  to  perfect  the  entry 
notwithstanding  her  husband  in  the  meantime  is  maintaining  a 
separate  residence  upon  his  own  patented  homestead  entry  to  which 
he  had  perfected  title  prior  to  their  marriage."     The  case  of  Patrick 
Flynn,  39  L.  D.,  593,  citing  with  approval  the  case  of  Jane  Mann, 
18  L.  D.,  116,  and  Anderson  v.  Hillerud,  33  L.  D.,  335. 

13.  Where  two  persons  hold  homestead  entries  and  intermarry 
before  the  submission  of  final  proof  upon  one  or  the  other  of  the 
entries,  patent  could  not  be  obtained  in  both  cases  because  of  the 
necessity  of  maintaining  two  separate  residences.     The  usual  prac- 
tice, or  perhaps  it  would  be  better  to  say  custom,  prevailing  is  for 
one  or  the  other  of  the  parties  contemplating  marriage  to  submit  a 
legal  final  proof  upon  one  of  the  entries,  which  would  obviate  the 
necessity  of  maintaining  two  residences  after  marriage.     Residence 
might  be  continued  upon  the  unperfected  entry  and  patent  would 
issue  upon  the  submission  of  proper  final  proof  on  the  same. 

14.  In  1900  Congress  passed  an  Act  which  was  approved  June 
6,  1900,  and  which  is  embodied  in  31  Statute,  683,  and  will  be  found 
on  page  — .     This  Act  amended  the  Act  of  May  14,  1880,  "An  Act 
for  the  Relief  of  Settlers  on  the  Public  Lands."    By  this  Act  it  is 
provided : 

"Where  a  married  woman  who  has  heretofore  settled  or  may  hereafter 
settle  upon  a  tract  of  public  land,  improve,  establish  and  maintain  a  bona  fide 
residence  thereon,  with  the  intention  of  appropriating  the  same  for  a  home, 
subject  to  the  homestead  law,  and  has  married,  or  shall  hereafter  marry,  before 
making  entry  of  said  land,  or  before  making  application  to  enter  said  land, 
she  shall  not,  on  account  of  such  marriage,  forfeit  her  right  to  make  entry 
and  receive  patent  for  the  land:  Provided,  That  she  does  not  abandon  her 
residence  on  said  land,  and  is  otherwise  qualified  to  make  homestead  entry: 
Provided  further,  That  the  man  whom  she  married  is  not,  at  the  time  of  their 
marriage,  claiming  a  separate  tract  of  land  under  the  homestead  law." 

"That  this  Act  shall  be  applicable  to  all  unpatented  lands  claimed  by 
such  entry  woman  at  the  date  of  passage." 

(See  case  Margart  J.  Dingman,  39  L.  D.,  363.) 

(Also  30  L.  D.,  313.) 

15.  A  married  woman  has  the  right  to  make  desert  land  entry, 
timber  and  stone  entry,  the  purchase  of  isolated  tracts,  and  the 


269 

acquirement  of  lands  under  the  mineral  public  land  laws  irre- 
spective of  her  marriage.  See  Desert  land,  timber  and  stone  entry, 
and  isolated  tracts.  There  are  some  exceptions  in  States  which  do 
not  permit  of  women  holding  real  estate  as  femme  sole. 

A  married  woman  who  makes  homestead  and  marries  is  not 
estopped  from  making  additional  entry  under  the  Enlarged  Home- 
stead Act.  39  L.  D.,  164. 

"Under  the  provisions  of  the  homestead  law  which  confers  upon 
the  widow  of  a  deceased  entryman  the  right  to  complete  the  entry, 
the  wife  of  an  entryman  sentenced  to  the  penitentiary  for  life  is 
entitled  to  perfect  the  entry  in  like  manner  as  if  the  entryman  were 
actually  dead." 

STATUTES  AND  REGULATIONS  GOVERNING  ENTRIES  AND 
PROOFS  UNDER  THE  DESERT-LAND  LAWS. 

1.  Laws  governing  making  of  desert-land  entries,  assignments,  and  proofs. 

2.  States  and  Territories  in  which  desert-land  entries  may  be  made. 

3.  Lands  that  may  be  entered  as  desert  land. 

4.  Who  may  make  a  desert-land  entry. 

5.  Quantity  of  land  that  may  be  entered. 

6.  Land  must  be  in  compact  form. 

7.  How  preference  right  may  be  acquired  on  unsurveyed  land. 

8.  How  to  proceed  to  make  a  desert-land  entry. 

9.  Personal  knowledge  of  the  land  by  the  entryman  required. 

10.  Place  of  actual  residence  of  applicants  and  witnesses  must  be  given. 

11.  What  officers  to  take  acknowledgments. 

12.  Acquiring  of  water  right. 

13.  Filing  of  map  of  irrigation. 

14.  Assignments. 

15.  Qualifications  for  taking  land  by  assignment. 

16.  Recording  of  deed  of  assignment. 

17.  Annual  proof. 

18.  Expenditures. 

19.  Time  for  submitting  annual  proof. 

20.  Final  proof. 

21.  Notice,  publication  of. 

22.  Submission  of  proof. 

23.  Irrigation,  cultivation,  and  water  rights. 

24.  Amount  of  land  which  must  be  irrigated. 

25.  Actual  tillage  must  be  shown. 

26.  Proof  of  compliance  with  law  in  regard  to  water  right  must  be  shown. 

27.  Modification  of  rule  with  regard  to  water  right  proof. 

28.  Notice  that  final  proof  is  due. 

29.  Extension  of  time  in  submitting  proof  under  certain  conditions. 

30.  Payments — Fees. 

31.  Fees  required. 

32.  Contests. 

33.  Eelinquishments. 

34.  Desert-land  entries  within  reclamation  project. 

35.  Persons  to  whom  above  act  applies. 

36.  Application  for  excuse  from  compliance  with  desert-land  laws. 

37.  Eeport  of  engineer  in  charge  of  recalamation  project  upon  application. 

38.  Delay  in  making  annual  proof. 

39.  Delay  and  hindrance  in  making  final  proof. 

40.  Excuse  from  making  final  proof. 

41.  Abandonment,  date  of;  restoration. 

42.  Entryman  not  compelled  to  accept  the  conditions  of  Act  of  June  17. 

1902. 

43.  Eelinquishment  of  all  lands  in  excess  of  160  acres. 

44.  All  previous   rulings   and  instructions   not   in   harmony   herewith   are 

hereby  vacated. 

STATUTES. 

A.  Sale  of  desert  lands  in  certain  States  and  Territories. 

B.  Three  hundred  and  twenty  acre  limitation. 


270 

C.  An  Act  to  repeal  timber-culture  laws,  and  for  other  purposes. 

D.  Sec.    2294,   United   States   Eevised   Statutes,   as   amended    by   Act    of 

March  4,  1904  (33  Stat.,  59). 

E.  An    Act   providing   for   the    subdivision   of    lands    entered    under    the 

reclamation  Act,  and  for  other  purposes. 

F.  An  Act  providing  for  second  desert-land  entries. 

G.  An  Act   limiting   and   restricting   the   right   of  entry   and   assignment 

under  the   desert-land  law   and  authorizing  an   extension   of   time 

within  which  to  make  final  proof. 

H.     An  Act  for  the  protection  of  the  surface  rights  of  entrymen. 
I.     An  Act  to  provide  for  agricultural  entries  on  coal  lands. 
J.     An  Act  for  the  relief  of  assignees  in  good  faith  of  desert  lands  in 

Imperial  County,  California. 

Extension  of  time  for  submitting  final  proof  on  desert-land  entries. 
Desert  entries  in  Weld  and  Larimer  Counties,  Colorado,  extension  of  time. 

GENERAL  LAND  OFFICE— STATUTES  AND  REGULATIONS 
GOVERNING  ENTRIES  AND  PROOF  UNDER  THE  DESERT- 
LAND  LAWS,  TOGETHER  WITH  SUGGESTIONS  TO  PER- 
SONS DESIRING  TO  MAKE  ENTRIES  UNDER  SAID  LAWS. 
APPROVED  SEPTEMBER  30,  1910. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  September  30,  1910. 

1.  The  laws,   or  portions   of  laws,   governing   the   making   of 
desert-land  entries,  assignments  thereof,  and  the  proofs  required, 
will  be  found  printed  in  full  at  the  end  of  this  circular,  and  are  as 
follows:     Act  of  March  3,  1877  (19  Stat.,  377);  March  3,  1891  (26 
Stat.,  1095) ;  August  30,  1891   (26  Stat.,  391)  ;  June  27,  1906   (34 
Stat.,  519)  ;  March  26,  1908  (35  Stat.,  48) ;  March  28,  1908  (35  Stat., 
52)  ;  March  4,  1904,  amending  section  2294,  Revised  Statutes  of  the 
United  States  (33  Stat.,  59) ;  June  22,  1910  (36  Stat.,  583) ;  March 
3,  1909  (35  Stat.,  844) ;  June  25,  1910  (36  Stat.,  867),  and  the  Act 
of  June  22,  1910  (36  Stat.,  583). 

STATES  AND  TEEEITOEIES  IN  WHICH  DESEET-LAND  ENTEIES  MAY 

BE  MADE. 

2.  The  Act  of  March  3,  1877,  provided  for  the  making  of  desert- 
land  entries  in  the  States  and  Territories  of  California,  Idaho,  Mon- 
tana, Nevada,  North  Dakota,  Oregon,  South  Dakota,  Utah,  "Wash- 
ington, Wyoming,  Arizona,  and  New  Mexico.    The  Act  of  March  3, 
1891,  extended  the  provisions  of  the  desert-land  laws  to  Colorado. 

LANDS  THAT  MAY  BE  EXTEEED  AS  DESEET  LAND. 

3.  Lands  which,  by  reason  of  a  lack  of  rainfall,  or  of  sufficient 
dampness  in  the  soil,  will  not  produce  native  grasses  sufficient  in 
quantity,  if  unfed  by  grazing  animals,  to  make  an  ordinary  crop  of 
hay  in  usual  seasons,  nor  produce  an  agricultural  crop  of  any  kind 
in  amount  to  make  the  cultivation  thereof  reasonably  remunerative, 
and  do  not  contain  sufficient  moisture  to  produce  a  natural  growth 
of  trees  may  be  classed  as  desert  in  character  and,  if  surveyed  and 
unappropriated,  may  be  entered  under  the  desert-land  law. 

Lands  situated  within  a  notoriously  arid  or  desert  region,  and 
themselves  previously  desert  within  the  meaning  of  the  desert-land 
law,  do  not  necessarily  lose  their  character  as  desert  lands  merely 
because  on  account  of  unusual  rainfall  for  a  few  successive  seasons 
their  productiveness  was  increased  and  larger  crops  were  raised 
thereon;  and,  under  such  circumstances,  a  strong  preponderance  of 


271 

evidence  will  be  required  to  take  them  out  of  the  class  of  desert 
lands.  The  final  proof,  however,  of  one  who  makes  desert  entry  of 
such  lands  will  be  closely  scrutinized  as  to  the  sufficiency  of  his 
water  supply  and  the  adequacy  of  his  ditches  and  laterals.  (37  L. 
D.,  522.) 

"While  lands  which  border  upon  streams,  lakes,  and  other  bodies 
of  water,  or  through  or  upon  which  there  is  any  stream,  body  of 
water,  or  living  spring,  may  not  produce  agricultural  crops  without 
irrigation,  such  lands  are  not  subject  to  entry  under  the  desert- 
land  laws  until  the  clearest  proof  of  their  desert  character  is 
furnished. 

WHO  MAY  MAKE  A  DESEBT-LAND  ENTKY. 

4.  Any  citizen  of  the  United  States,  21  years  of  age,  or  any 
person  of  that  age  who  has  declared  his  intention  of  becoming  a 
citizen  of  the  United  States,  and  who  can  make  the  affidavit  specified 
in  paragraphs  8  and  9  of  these  regulations,  can  make  a  desert-land 
entry.     Thus,  a  woman,  whether  married  or  single,  who  possesses 
the  necessary  qualifications,  can  make  a  desert-land  entry,  and,  if 
married,  without  taking  into  consideration  any  entries  her  husband 
may  have  made. 

AJ  the  time  of  making  final  proof,  however,  entrymen  of  alien 
birth  must  have  been  admitted  to  full  citizenship,  which  must  be 
shown  by  a  duly  certified  copy  of  the  certificate  of  naturalization. 

QUANTITY  OF  LAND  THAT  MAY  BE  ENTEKED. 

5.  Under  the  Act  of  March  3,  1877,  desert-land  entries  to  the 
maximum  of  640  acres  were  allowed,  but  by  the  Act  of  March  3, 
1891,  the  area  that  may  be  embraced"  in  a  desert  entry  was  reduced 
to  320  acres  as  the  maximum.     This  limitation  must,  however,  be 
read  in  connection  with  the  Act  of  August  30,  1890  (26  Stats.,  391), 
which  limits  to  320  acres,  in  the  aggregate,  the  amount  of  land  to 
which  title  may  be  acquired  under  all  the  public  land  laws,  except 
the  mineral  laws.     Hence,  a  person  having  initiated  a  claim  under 
the  homestead,  timber  and  stone,  preemption,  or  other  agricultural 
land  laws,  or  under  all  such  laws,  since  August  30,  1890,  say,  to  160 
acres  in  the  aggregate,  and  acquired  title  to  the  land  so  claimed,  or 
who  is  claiming  such  an  area  under  subsisting  entries  at  the  date 
of  his  desert-land  application,  if  otherwise  qualified,  may  enter  160 
acres  of  land  under  the  desert-land  laws.     In  other  words,  he  may 
make  a   desert-land  entry  for  such  a  quantity  of  land  as,  taken 
together  with  land  acquired  by  him  under  the  agricultural  land 
laws,  since  August  30,  1890,  and  claimed  by  him  under  such  laws, 
does  not  exceed  320  acres  in  the  aggregate.     It  is  to  be  noted,  also, 
that  the  Act  of  June  22,  1910  (Public,  No.  227),  provides  that  desert- 
land  entries  made  for  lands  withdrawn  or  classified  as  coal  lands, 
or  valuable  for  coal,  shall  not  exceed  160  acres  in  area. 

A  person's  right  of  entry  under  the  desert-land  law  is  exhausted 
either  by  making  an  entry  or  by  taking  an  assignment  of  an  entry, 
in  whole  or  in  part,  whether  the  maximum  quantity  of  land,  or  less, 
is  entered  or  received  by  assignment;  except,  however,  that  under 
the  Act  of  March  26,  1908,  if  a  person,  prior  to  the  passage  of  that 
Act,  has  made  an  entry  and  has  abandoned,  lost,  or  forfeited  the 
same,  or  has  relinquished  without  receiving  a  valuable  consideration 


272 

therefor,  such  person  may  make  a  second  entry.  In  such  case,  how- 
ever, it  must  be  shown  when  the  former  entry  was  abandoned,  lost, 
cr  forfeited,  that  it  was  not  assigned,  in  whole  or  in  part,  canceled 
for  fraud,  or  relinquished  for  a  valuable  consideration,  and  it  must 
be  so  described  by  section,  township,  and  range,  or  by  date  and 
number,  as  to  be  readily  identified  on  the  records  of  the  General 
Land  Office.  The  showing  required  must  be  by  affidavit  of  applicant 
wherein  the  facts  upon  which  is  based  his  claim  of  right  to  make  a 
second  desert-land  entry  are  set  forth  fully  and  in  detail.  This 
affidavit  must  be  corroborated,  as  far  as  possible,  by  the  affidavit 
of  one  or  more  persons  having  personal  knowledge  of  the  facts 
stated  by  applicant.  Registers  and  Receivers  are  authorized  to 
allow  a  second  desert-land  entry  in  any  case  wherein  it  is  shown 
that  applicant  is  entitled  to  make  such  entry  under  the  provisions 
of  said  Act  of  March  26,  1908.  Otherwise  the  application  will  be 
noted  on  the  district  office  records  and  forwarded  to  the  General 
Land  Office  with  appropriate  recommendation. 

LAND  MUST  BE  IN  COMPACT  FORM. 

6.  Land  entered  under  these  laws  should  be  in  compact  form, 
which  means  that  it  should  be  as  nearly  a  square  form  as  possible. 
Where,  however,  it  is  impracticable   on  account   of  the  previous 
appropriation  of  adjoining  lands,  or  on  account  of  the  topography 
of  the  country,  to  take  the  land  in  a  compact  form,  all  the  facts 
regarding  the  situation,  location,  and  character  of  the  land  sought 
to  be  entered,  and  the  surrounding  tracts,  should  be  stated,  in  order 
that  the  General  Land  Office  may  determine  whether,  under  all  the 
circumstances,  the  entry  should  be  allowed  in  the  form  sought. 
Entrymen  should  make   a  complete  showing  in  this  regard,   and 
should  state  the  facts  and  not  the  conclusions  they  derive  from  the 
facts,  as  it  is  the  province  of  the  Land  Department  of  the  Govern- 
ment to  determine  whether  or  not,  from  the  facts  stated,  the  entry 
should  be  allowed. 

HOW  PREFERENCE  RIGHT  MAY  BE  ACQUIRED  ON  UNSURVEYED 

LAND. 

7.  Prior  to  the  Act  of  March  28,  1908,  a  desert-land  entry  could 
embrace  unsurveyed  lands,  but  since  the  date  of  that  Act  desert- 
land  entries  may  not  be  made  of  unsurveyed  lands.     This  Act  pro- 
vides, however,  that  if  a  duly  qualified  person  shall  go  upon  a  tract 
of  unsurveyed  desert  land  and  reclaim,  or  commence  to  reclaim,  the 
same,  he  shall  be  allowed  a  preference  right  of  ninety  days  after  the 
filing  of  the  plat  of  survey  in  the  local  land  office  to  make  entry  of 
the  land.     To  preserve  this  preference  right  the  work  of  reclama- 
tion must  be  continued  up  to  the  filing  of  the  plat  of  survey,  unless 
the  reclamation  of  the  land  is  completed  before  that  time,  and  in 
that  event  the  claimant  must  continue  to  cultivate  and  occupy  the 
land  until  the  survey  is  completed  and  the  plat  filed.    A  mere  per- 
functory occupation  of  the  land,  such  as  staking  off  the  claim,  or 
posting  notices  thereof  on  the  land  claimed,  would  not  secure  the 
preference  right  as  against  an  adverse  claimant,  but  occupation  in 
entire  good  faith,  accompanied  by  acts  and  works  looking  to  the 
ultimate  reclamation  of  the  land,  are  necessary  and  required. 


273 

HOW  TO  PROCEED  TO  MAKE  A  DESERT-LAND  ENTRY. 

8.  A  person  who  desires  to  make  entry  under  the  desert-land 
laws  must  file  with  the  Register  and  Receiver  of  the  proper  land 
office  a  declaration,  or  application,  under  oath,  showing  that  he  is  a 
citizen  of  the  United  States,  or  has  declared  his  intention  to  become 
such  citizen;  that  he  is  21  years  af  age  or  over;  and  that  he  is  also 
a  bona  fide  resident  of  the  State  or  Territory  in  which  the  land 
sought  to  be  entered  is  located.    He  must  also  state  that  he  has  not 
previously  exercised  the  right  of  entry  under  the  desert-land  laws 
by  making  an  entry  or  by  having  taken  one  by  assignment ;  that  he 
has  personally  examined  every  legal  subdivision  of  the  land  sought 
to  be  entered ;  that  he  has  not,  since  August  30,  1890,  acquired  title, 
under  any  of  the  agricultural-land  laws,  to  lands  which,  together 
with  the  land  applied  for,  will  exceed,  in  the  aggregate,  320  acres; 
and  that  he  intends  to  reclaim  the  lands  applied  for  by  conducting 
water  thereon,  within  four  years  from  the  date  of  his  application. 
This  declaration  must  contain  a  description  of  the  land,  by  legal 
subdivisions,  section,  township,  and  range. 

9.  Special  attention  is  called  to  the  terms  of  this  application, 
as  they  require  a  personal  knowledge  by  the  entryman  of  the  lands 
intended  to  be  entered.     The  affidavit,  which  is  made  a  part  of  the 
application,  may  not  be  made  by  an  agent  or  upon  information  and 
belief,  and  the  Register  and  Receiver  must  reject  all  applications 
in  which  it  is  not  made  to  appear  that  the  statements  contained 
therein  are  made  upon  the  applicant's  own  knowledge  and  that  it 
was  obtained  from  a  personal  examination  of  the  lands.    The  blank 
spaces  in  the  application  must  be  filled  in  with  a  complete  statement 
of  the  facts,  showing  the  applicant's  acquaintance  with  the  land  and 
how  he  knows  it  to  be  desert  land.     This  declaration  must  be  cor- 
roborated by  the  affidavits  of  two  reputable  witnesses,  who  also 
must  be  personally  acquainted  with  the  land,  and  they  must  state 
the  facts  regarding  the  condition  and  situation  of  the  land  upon 
which  they  base  the  opinion  that  it  is  subject  to  desert  entry. 

The  statements  in  the  blank  form  of  declaration  and  accompany- 
ing affidavits,  as  to  present  character  of  the  land,  may  be  modified 
so  as  to  show  the  facts,  in  any  case  wherein  application  is  made  for 
entry  of  lands  reclaimed,  or  partially  reclaimed,  by  applicant,  before 
survey,  under  the  provisions  of  the  Act  of  March  28,  1908 ;  as  to  a 
former  entry,  in  case  application  is  made  for  a  second  entry  under 
the  provisions  of  the  Act  of  March  26,  1908,  and  as  to  the  character 
of  the  land,  with  respect  to  coal  deposits  in  case  application  is  made, 
under  the  provisions  of  the  Act  of  June  22,  1910,  for  lands  with- 
drawn or  classified  as  coal  lands,  or  valuable  for  coal. 

10.  Applicants  and  witnesses  must  in  all  cases  state  their  places 
of  actual  residence,  their  business  or  occupation,  and  their  post- 
office  addresses.    It  is  not  sufficient  to  name  only  the  county  or 
State  in  which  a  person  lives,  but  the  town  or  city  must  be  named 
also,  and  where  the  residence  is  in  a  city,  the  street  and  number 
must  be  given.     It  is  especially  important  to  claimants  that  upon 
changing  their  postoffice  addresses  they  promptly  notify  the  local' 
officers  of  such  change,  for  upon  failure  to  do  so  their  entries  may 
be  canceled  upon  notice  sent  to  the  address  of  record,  but  not 
received  by  claimant.     The  Register  and  Receiver  will  be  careful  to 
note  the  postoffice  address  on  their  records. 


274 

11.  The  application  and  corroborating  affidavits,  and  all  other 
proofs,  affidavits,  and  oaths  of  any  kind  whatsoever,  required  by 
law  to  be  made  by  applicants  and  entrymen  and  their  corroborating 
witnesses,  must  be  sworn  to  before  the  Kegister  or  Receiver  of  the 
land  district  in  which  the  land  is  located,  or  before  a  United  States 
commissioner,  if  the  lands  are  within  the  boundaries  of  a  State,  or 
a  commissioner  of  a  court  exercising  federal  jurisdiction,  if  in  a 
Territory,  or  before  a  judge  or  clerk  of  a  court  of  record,  in  the 
county,  or  land  district,  in  which  the  land  is  situated.     The  only 
conditions  permitting  the  taking  of  such  evidence  outside  the  proper 
land  district  is  where  the  county  in  which  the  land  is  situated  lies 
partly  in  two  or  more  land  districts,  in  which  case  such  evidence 
may  be  taken  anywhere  in  the  county.     In  case  the  application  and 
affidavits  are  not  made  before  either  of  the  local  officers,  or  in  the 
county  in  which  the  land  is  located,  they  must  be  made  before  some 
one  of  the  officers  above  named,  in  the  land  district  nearest  to,  or 
most  accessible  from,  the  land,  which  latter  fact  must  be  shown  by 
affidavit  of  applicant.     The  declaration  of  applicant  and  the  affi- 
davits of  his  two  witnesses  must,  in  every  instance,  be  made  at  the 
same  time  and  place  and  before  the  same  officer. 

12.  Persons  who  make  desert-land  entries  must  acquire  a  clear 
right  to  the  use  of  sufficient  water  to  irrigate  and  reclaim  the  whole 
of  the  land  entered,  or  as  much  of  it  as  is  susceptible  of  irrigation, 
and  of  keeping  it  permanently  irrigated.     Therefore,  if  a  person 
makes  an  entry  before  he  has  taken  steps  to  acquire  a  water  right, 
he  does  so  at  his  own  risk,  because,  ordinarily,  one  entry  wrill  exhaust 
his  right  and  he  will  not  be  repaid  the  money  paid  at  the  time  of 
making  the  entry. 

13.  At  the  time  of  filing  his  application  with  the  Register  and 
Receiver  the  applicant  should  also  file  a  map,  showing  the  plan  by 
which  he  proposes  to  conduct  water  upon  the  land  and  the  manner 
by  which  he  intends  to  irrigate  the  same,  and  at  the  same  time  he 
must  pay  the  Receiver  the  sum  of  25  cents  per  acre  for  the  land 
applied  for.     The  Receiver  will  issue  a  receipt  for  the  money,  and 
the  Register  and  Receiver  will  jointly  issue  a  certificate  showing  the 
allowance  of  the  entry.     This  application  will  be  given  its  proper 
serial  number  at  the  time  it  is  filed,  and  at  the  end  of  each  month 
an  abstract  of  collections  under  these  laws  will  be  transmitted  to 
the  General  Land  Office. 

ASSIGNMENTS. 

14.  While  by  the  Act  of  March  3,  1891,  assignments  of  desert- 
land  entries  were  recognized,  the  Land  Department,  largely  for 
administrative  purposes,  held  that  a  desert-land  entry  might  be 
assigned  as  a  whole,  or  in  its  entirety,  but  refused  to  recognize  the 
assignment  of  only  a  portion  of  an  entry.     The  Act  of  March  28, 
1908,  however,  provides  for  the  assignment  of  such  entries,  in  whole 
or  in  part ;  but  this  does  not  mean  that  less  than  a  legal  subdivision 
may  be   assigned.    Therefore,  no  assignment,  otherwise  than  by 
legal  subdivisions,  will  be  recognized. 

15.  The  Act  of  March  28,  1908,  also  provides  that  no  person 
may  take  a  desert-land  entry  by  assignment,  unless  he  is  qualified 
to  enter  the  tract  so  assigned  to  him.     Therefore,  if  a  person  is  not 
a  resident  citizen  of  the  State  or  Territory  wherein  the  land  involved 


275 

is  located,  or,  if  he  has  made  a  desert-land  entry  in  his  own  right, 
he  can  not  take  such  an  entry  by  assignment.  The  language  of  the 
Act  indicates  that  the  taking  of  an  entry  by  assignment  is  equiva- 
lant  to  the  making  of  an  entry,  and  this  being  so,  no  person  is 
allowed  to  take  more  than  one  entry  by  assignment.  The  desert- 
land  right  is  exhausted  either  by  making  an  entry  or  by  taking  one 
by  assignment. 

However,  in  view  of  the  practice  that  obtained  in  the  General 
Land  Office  prior  to  March  28,  1908,  of  recognizing  the  right  of  a 
person  to  make  an  entry,  and  also  to  take  one  or  more  entries  by 
assignment,  the  aggregate  area  of  the  land  embraced  in  all  such 
entries  not  exceeding  320  acres,  such  entries  and  assignments  so 
made  or  taken  will  not  now  be  disturbed.  But  all  assignments  and 
entries  made  subsequent  to  the  approval  of  the  Act  of  March  28, 
1908,  must  be  governed  by  the  terms  of  that  Act,  which  is  held  to 
mean  that  the  desert-land  right  is  exhausted  either  by  making  an 
entry  or  by  taking  one  by  assignment.  Said  Act  provides  that  no 
assignment  to,  or  for  the  benefit  of,  any  corporation  or  association 
shall  be  authorized  or  recognized. 

16.  As  stated  above,  desert-land  entries  may  be  assigned,  in 
whole  or  in  part,  and,  as  evidence  of  the  assignment,  there  should 
be  transmitted  to  the  General  Land  Office  the  original  deed  of 
assignment,  or  a  certified  copy  thereof.  Where  the  deed  of  assign- 
ment is  recorded,  a  certified  copy  may  be  made  by  the  officer  who 
has  custody  of  the  record.  AVhere  the  original  deed  is  presented 
to  an  officer  qualified  to  take  proof  in  desert-land  cases,  a  copy  cer- 
tified by  such  officer  will  be  accepted.  Attention  is  called  to  the 
fact  that  copies  of  deeds  of  assignment  certified  by  notaries  public 
or  justices  of  the  peace,  or,  indeed,  any  other  officers  than  those  who 
are  qualified  to  take  proofs  and  affidavits  in  desert-land  cases,  will 
not  be  accepted. 

An  assignee  must  file,  with  his  deed  of  assignment,  an  affidavit 
(Form  4-274a)  showing  his  qualifications  to  take  the  entry  assigned 
to  him.  He  must  show  what  entries  have  been  made  by,  or  assigned 
to,  him  under  the  agricultural  laws,  and  he  must  also  show  his 
qualifications  as  a  citizen  of  the  United  States,  that  he  is  21  years  of 
age  or  over,  and  also  that  he  is  a  resident  citizen  of  the  State  or 
Territory  in  which  the  land  assigned  to  him  is  situated.  In  short, 
the  assignee  must  possess  the  qualifications  necessary  to  enter  the 
land  proposed  to  be  assigned  were  it  subject  to  entry.  Desert-land 
entries  are  initiated  by  the  payment  of  25  cents  per  acre,  and  no 
assignable  right  is  acquired  by  the  applicant  prior  to  such  payment. 
(6  L.  D.,  541 ;  33  L.  D.,  152.)  An  assignment  made  on  the  day  of  such 
payment,  or  soon  thereafter,  is  treated  as  suggesting  fraud,  and  such 
cases  will  be  carefully  scrutinized.  The  provision  of  law  author- 
izing the  assignments  of  desert  entries,  in  whole  or  in  part,  fur- 
nishes no  authority  to  a  claimant  under  said  law  to  make  an  execu- 
tory contract  to  convey  the  land  after  the  issuance  of  patent,  and 
to  thereafter  proceed  with  the  submission  of  final  proof  in  further- 
ance of  such  contract.  The  sale  of  the  land  embraced  in  an  entry 
at  any  time  before  final  payment  is  made  must  be  regarded  as  an 
assignment  of  the  entry,  and  in  such  cases  the  person  buying  the 
land  must  show  that  he  possesses  all  the  qualifications  required  of 
an  assignee.  (29  L.  D.,  459.)  The  assignor  of  a  desert-land  entry 


276 

may  execute  the  assignment  papers  wherever  he  may  be  before  any 
officer  authorized  to  take  acknowledgments,  but  the  assignee  must 
execute  the  affidavit  (Form  4-274a),  and  all  other  required  oaths 
and  affidavits,  before  some  one  of  the  officers  specified  and  in  the 
manner  set  out  in  paragraph  11  of  this  circular. 

No  assignments  of  desert-land  entries  or  parts  of  entries  are  con- 
clusive until  examined  in  the  General  Land  Office  and  found  satis- 
factory and  the  assignment  recognized.  AYhen  recognized,  however, 
the  assignee  takes  the  place  of  the  assignor  as  effectually  as  though 
he  had  made  the  entry,  and  is  subject  to  any  requirement  that  may 
be  made  relative  thereto.  The  assignment  of  a  desert-land  entry  to 
one  disqualified  to  acquire  title  under  the  desert-land  law,  and  to 
whom,  therefore,  recognition  of  the  assignment  is  refused  by  the 
General  Land  Office,  does  not  of  itself  render  the  entry  fraudulent, 
but  leaves  the  right  thereto  in  the  assignor. 

ANNUAL  PEOOF. 
» 

17.  In  order  to  test  the  sincerity  and  good  faith  of  the  claimant 
under  the  desert-land  laws,  and  to  prevent  the  reservation  or  segre- 
gation of  tracts  of  public  land  in  the  interest  of  persons  having  no 
intention  of  reclaiming  the  land,  but  rather,  by  payment  of  the 
initial  sum  of  25  cents  per  acre,  hoping  to  gain  the  use  of  the  land 
for  a  number  of  years,  Congress  in  the  Act  of  March  3,  1891,  made 
the  requirement  that  a  map  be  filed  at  the  initiation  of  the  entry, 
showing  the  mode   of  contemplated  irrigation   and  the   proposed 
source  of  the  water  supply,  and  that  there  be  expended  yearly  for 
three  years  from  the  date  of  the  entry  not  less  than  $1  for  each  acre 
of  the  tract  entered,  making  a  total  of  not  less  than  $3  per  acre, 
in  the  necessary  irrigation,  reclamation,  and  cultivation  of  the  land, 
in  permanent  improvements  thereon,  and  in  the  purchase  of  water 
rights  for  the  irrigation  thereof,  and  that  at  the  expirafron  of  the 
third  year  a  map  or  plan  be  filed  showing  the  character  and  extent 
of  the  improvements  placed  on  the  claim.     The  said  Act,  however, 
authorizes  the  submission  of  final  proof  at  an  earlier  date  than  four 
years  from  the  time  the  entry  is  made  in  cases  wherein  reclamation 
has  been  effected  and  expenditures  of  not  less  than  $3  per  acre 
have  been  made.     Proof  of  these  expenditures  must  be  made  before 
some  officer  authorized  to   administer  oaths  in  desert-land   cases. 
(See  par.  11  hereof.)      This  proof,  which  is  known  as  yearly  or 
annual  proof,  must  be  made  by  applicant,  whose  affidavit  must  be 
corroborated  by  affidavits  of  two  reputable  witnesses,  all  of  whom 
must  have  personal  knowledge  that  the  expenditures  were  made 
for  the  purpose  stated  in  the  proof. 

18.  Expenditures    for    the    construction    and    maintenance    of 
storage  reservoirs,  dams,  canals,  ditches,  and  laterals  to  be  used  by 
claimant  for  irrigating  his  land,  for  roads  where  they  are  necessary, 
for  erecting  stables,  corrals,  etc.,  for  digging  wells,  where  the  water 
therefrom  is  to  be  used  for  irrigating  the  land,  and  for  leveling  and 
bordering  land  proposed  to  be  irrigated  will  be  accepted.     Expen- 
ditures for  fencing  all  or  a  portion  of  the  claim  may  be  accepted,  in 
case  it  is  clearly  shown  that  the  fence  is  necessary  for  the  protec- 
tion of  a  portion  of  the  land  being  prepared  for  irrigation  and  culti- 
vation or  for  the  protection  of  canals,  ditches,  etc.,  thereon.     Ex- 
penditures for  surveying,  for  the  purpose  of  ascertaining  the  levels 


277 

for  canals,  ditches,  etc.,  and  for  the  first  breaking  or  clearing  of  the 
soil  may  be  accepted. 

Expenditures  for  cultivation  after  the  soil  has  been  first  pre- 
pared may  not  be  accepted,  because  the  claimant  is  supposed  to  be 
compensated  for  such  work  by  the  crops  to  be  reaped  as  a  result  of 
cultivation.  Expenditures  for  surveying  the  claim  in  order  to  locate 
the  corners  of  same  may  not  be  accepted.  The  cost  of  tools,  imple- 
ments, wagons,  and  repairs  to  same,  used  in  construction  work  may 
not  be  computed  in  the  cost  of  construction.  Expenditures  for 
material  of  any  kind  will  not  be  allowed  unless  such  material  has 
actually  been  installed  or  employed  in  and  for  the  purpose  for 
which  it  was  purchased.  For  instance,  if  credit  is  asked  for  posts 
and  wire  for  fences  or  for  a  pump  or  other  well  machinery,  it  must 
be  shown  that  the  fence  has  been  actually  constructed  or  the  well 
machinery  actually  put  in  place.  Annual  proofs  must  contain 
itemized  statements  showing  the  manner  in  which  expenditures 
were  made. 

No  expenditure  for  stock  or  interest  in  an  irrigating  company, 
through  which  water  is  to  be  secured  for  irrigating  the  land,  will  be 
accepted  as  satisfactory  annual  expenditure  until  a  special  agent, 
or  other  authorized  officer,  has  submitted  a  report  as  to  the  resources 
and  reliability  of  the  company,  including  its  actual  water  right,  and 
such  report  has  been  favorably  acted  upon  by  the  department.  The 
stock  purchased  must  carry  the  right  to  water,  and  it  must  be 
shown  that  payment  in  cash  has  been  made  at  least  to  the  extent  of 
the  amount  required  in  connection  with  the  annual  proof  submitted, 
and  such  stock  must  be  actually  owned  by  the  claimants  at  the  time 
of  the  submission  of  final  proof.  A  certificate  of  the  Secretary,  or 
other  qualified  officer  of  the  company  involved,  must  be  furnished, 
showing  the  extent  of  actual  water  appropriation  by  the  company, 
to  what  extent  water  had  been  previously  disposed  of,  quantity  of 
water  carried  under  the  stock  or  interest  purchased  by  the  desert 
claimant,  and  a  statement  showing  the  previous  ownership  of  the 
shares  of  stock  forming  the  basis  of  proffered  proof,  and  a  descrip- 
tion of  the  land  in  connection  with  which  such  stock  has  been  pre- 
viously issued  or  used.  Circumstances  in  connection  with  stock 
which  has  been  previously  made  the  basis  of  proof  or  annual  expen- 
diture will  be  carefully  scrutinized  and  inquired  into. 

Registers  and  Receivers  are  instructed  to  carefully  examine  all 
annual  proofs  filed  and  are  authorized  to  suspend  same,  with  notice 
to  claimants  to  cure  defects  within  thirty  days,  or  to  reject,  subject 
to  the  usual  right  of  appeal  to  the  Commissioner  of  the  General 
Land  Office.  These  proofs  are  to  be  forwarded  with  the  regular 
monthly  returns. 

At  the  end  of  each  year,  if  the  required  proof  of  actual  expen- 
ditures has  not  been  made,  the  Register  and  Receiver  will  send  the 
entryman  notice  and  allow  him  sixty  days  in  which  to  submit  such 
proof.  If  the  proof  is  not  furnished  as  required,  the  fact  that  notice 
was  served  upon  the  claimant  should  be  reported  to  the -General 
Land  Office,  with  evidence  of  service,  whereupon  the  entry  will  be 
canceled.  Registers  and  Receivers  should  keep  on  hand  a  sufficient 
supply  of  blank  forms  used  in  notifying  the  entrymen  that  annual 
proofs  are  due,  and  they  should  send  such  notices  whenever  neces- 
sary, without  waiting  for  instructions  from  the  General  Land  Office. 


278 

19.  Nothing  in  the  statutes  or  regulations  should  be  construed 
to  mean  that  the  entryman  must  wait  until  the  end  of  the  year  to 
submit  his  annual  proof,  because  the  proof  may  be  properly  sub- 
mitted as  soon  as  the  expenditures  have  been  made.     Proof  sufficient 
for  the  three  years  may  be  offered  whenever  the  amount  of  $3  an 
acre  has  been  expended  in  reclaiming  and  improving  the  land,  and 
thereafter  annual  proof  will  not  be  required. 

v      FINAL  PKOOF. 

20.  The  entryman,  his  assigns,  or,  in  case  of  death,  his  heirs  or 
devisees,  are  allowed  four  years  from  date  of  the  entry  within 
wrhich  to  comply  with  the  requirements  of  the  law  as  to  reclamation 
and  cultivation  of  the  land  and  to  submit  final  proof,  but  final  proof 
may  be  made  and  patent  thereon  issued  as  soon  as  there  has  been 
expended  the  sum  of  $3  per  acre  in  improving,  reclaiming,  and  irri- 
gating the  land,  and  one-eighth  of  the  entire  area  entered  has  been 
actually  cultivated  with  irrigation,  and  when  the  requirements  of 
the  desert-land  laws  as  to  water  rights  and  the  construction  of  the 
necessary  reservoirs,  ditches,  dams,  etc.,  have  been  fully  complied 
with.     The  cultivation  and  irrigation  of  the  one-eighth  of  the  entire 
area  may  be  had  in  a  body  on  one  legal  subdivision  or  may  be  dis- 
tributed  over  several   subdivisions.     When   an   entryman  has   re- 
claimed the  land  and  is  ready  to  make  final  proof,  he  should  apply 
to  the  Register  and  Receiver  for  a  notice  of  intention  to  make  such 
proof.     This  notice   must   contain  a   complete   description  of  the 
land  and  must  describe  the  entry  by  giving  the  number  thereof  and 
the  name  of  the  entryman.    If  the  proof  is  made  by  an  assignee, 
his  name,  as  well  as  that  of  the  original  entryman,  should  be 
stated.     It  must  also  show  when,  where,  and  before  whom  the  proof 
is  to  be  made.    Four  witnesses  may  be  named  in  this  notice,  two 
of  whom  must  be  used  in  making  the  proof. 

21.  This  notice  must  be  published  once  a  week  for  five  succes- 
sive weeks  in  a  newspaper  of  established  character  and  general  cir- 
culation published  nearest  the  land  (see  38,  L.  D.,  131),  and  it  must 
also  be  posted  in  a  conspicuous  place  in  the  local  land  office  for  the 
same  period  of  time.    The  date  fixed  for  the  taking  of  the  proof 
must  be  at  least  thirty  days  after  the  date  of  first  publication.  Proof 
of  the  publication  must  be  made  by  the  affidavit  of  the  publisher 
of  the  newspaper  or  by  some  one  authorized  to  act  for  him.    The 
Register  will  certify  to  the  posting  of  the  notice  in  the  local  office. 

22.  At  the  time  and  place  mentioned  in  the  notice,  and  before 
the  officer  named  therein,  the  claimant  will  appear  with  two  of  the 
witnesses  named  in  the  notice  and  make  proof  of  the  reclamation, 
cultivation,  and  improvement  of  the  land.    This  proof  may  be  taken 
by  any  one  of  the  officers  named  in  paragraph  11   hereof.     All 
claimants,  however,  are  advised  that,  whenever  possible,  they  should 
make  proof  before  the  Register  or  Receiver,  because  by  doing  so, 
they  may,  in  many  instances,  avoid  such  delay  as  results  from  the 
practice  whereby  proofs  submitted  before  officers  other  than  the 
Register  or  Receiver  are  frequently  suspended  for  investigation  by 
a  special  agent.  , 

The  testimony  of  each  claimant  should  be  taken  separate  and 
apart  from  and  not  within  the  hearing  of  either  of  his  witnesses, 
and  the  testimony  of  each  witness  should  be  taken  separate  and 


279 

apart  from  and  not  within  the  hearing  of  either  the  applicant  or 
of  any  other  witness,  and  both  the  applicant  and  each  of  the  wit- 
nesses should  be  required  to  state,  in  and  as  a  part  of  the  final  proof 
testimony  given  by  them,  that  they  have  given  such  testimony  with- 
out any  actual  knowledge  of  any  statement  made  in  the  testimony 
of  either  of  the  others.  In  every  instance  where,  for  any  reason 
whatever,  final  proof  is  not  submitted  within  the  four  years  pre- 
scribed by  law,  or  within  the  period  of  an  extension  granted  for 
submitting  such  proof,  an  affidavit  should  be  filed  by  claimant,  with 
the  proof,  explaining  the  cause  of  delay. 

IRRIGATION,  CULTIVATION,  AND  WATER  RIGHTS. 

23.  The  final  proof  must  show  specifically  the  source  and  vol- 
ume of  the  water  supply  and  how  it  was  acquired  and  how  main- 
tained.    The  number,  length,  and  carrying  capacity  of  all  ditches 
to  and  on  each  of  the  legal  subdivisions  must  also  be  shown.    The 
claimant  and  the  witnesses  must  each  state  in  full  all  that  has  been 
done  in  the  matter  of  reclamation  and  improvement  of  the  land, 
and  must  answer  fully,  of  their  own  personal  knowledge,  all  of  the 
questions   contained  in  the  final-proof  blanks.     They  must   state 
plainly  whether  at  any  time  they  saw  the  land  effectually  irrigated, 
and  the  different  dates  on  which  they  saw  the  land  irrigated  should 
be  specifically  stated. 

24.  While  it  is  not  required  that  all  of  the  land  shall  have  been 
actually  irrigated  at  the  time  final  proof  is  made,  it  is  necessary 
that  the  one-eighth  portion  which  is  required  to  be  cultivated  shall 
also  have  been  irrigated  in  a  manner  calculated  to  produce  profit- 
able results,  considering  the  character  of  the  land,  the  climate,  and 
the  kind  of  crops  being  grown.     (Alonzo  B.  Cole,  38  L.  D.,  420.) 
Furthermore,  the  final  proof  must  clearly  show  that  all  of  the  per- 
manent main  and  lateral  ditches  necessary  for  the  irrigation  of  all 
the  irrigable  land  in  the  entry  have  been  constructed  so  that  water 
can  be  actually  applied  to  the  land  as  soon  as  it  is  ready  for  cul- 
tivation.   If  there  are  any  high  points  or  any  portions  of  the  land, 
which  for  any  reason  it  is  not  practicable  to  irrigate,  the  nature, 
extent,  and  situation  of  such  areas  in  each  legal  subdivision  mus.t 
be  fully  stated.     If  less  than  one-eighth  of  a  smallest  legal  sub- 
division  is   practically    susceptible    of   irrigation   from    claimant's 
source  of  water  supply,  such  subdivision  must  be  relinquished. 

25.  As  a  rule,  actual  tillage  of  one-eighth  of  the  land  must  be 
shown.    It  is  not  sufficient  to  show  only  that  there  has  been  a  marked 
increase  in  the  growth  of  grass,  or  that  grass  sufficient  to  support 
stock  has  been  produced  on  the  land,  as  a  result  of  irrigation.    If, 
however,  on  account  of  some  peculiar  climatic  or  soil  conditions,  no 
crops  except  grass  can  be  successfully  produced,  or  if  actual  tillage 
will  destroy  or  injure  the  productive  quality  of  the  soil,  the  actual 
production  of  a  crop  of  hay,  of  merchantable  value,  will  be  accepted 
as  sufficient  compliance  with  the  requirements  as  to  cultivation  (32 
L.  D.,  456).    In  such  cases,  however,  the  facts  must  be  stated,  and 
the  extent  and  value  of  the  crop  of  hay  must  be  shown,  and  as 
before    stated,    that    same    was    produced    as    a    result    of    actual 
irrigation. 

26.  The  final  proof  must  also  show  that  the  claimant  has  made 
the  preliminary  filings  and  taken  such  other  steps  as  are  required 


280 

by  the  laws  of  the  State  or  Territory  in  which  the  land  is  located, 
for  the  purpose  of  securing  a  right  to  the  use  of  a  sufficient  supply 
of  water  to  irrigate  successfully  all  of  the  irrigable  land  embraced  in 
his  entry.  It  is  a  well-settled  principle  of  law  in  all  the  States 
and  Territories  in  which  the  desert-land  acts  are  operative,  that 
actual  application  to  a  beneficial  use  of  water  appropriated  from 
public  streams  measures  the  extent  of  the  right  to  the  water,  and 
that  failure  to  proceed  with  reasonable  diligence  to  make  such  appli- 
cation to  beneficial  use,  within  a  reasonable  time,  constitutes  an 
abandonment  of  the  right.  (Wiel's  Water  Rights  in  the  Western 
States,  sec.  172.)  The  final  proof,  therefore,  must  show  that  the 
claimant  has  exercised  such  diligence  as  will,  if  continued,  under 
the  operation  of  this  rule,  result  in  his  definitely  securing  a  perfect 
right  to  the  use  of  sufficient  water  for  the  permanent  irrigation  and 
reclamation  of  all  of  the  irrigable  land  in  his  entry.  To  this  end, 
the  proof  must  at  least  show  that  water,  which  is  being  diverted 
from  its  natural  course  and  claimed  for  the  specific  purpose  of  irri- 
gating the  lands  embraced  in  claimant's  entry,  under  a  legal  right 
acquired  by  virtue  of  his  own  or  his  grantor's  compliance  with  the 
requirements  of  the  State  of  Territorial  laws  governing  the  appro- 
priation by  individuals  of  the  waters  of  public  streams  or  other 
sources  of  supply,  as  shown  by  the  record  evidence  of  such  right 
which  accompanies  the  proof,  has  Actually  been  conducted  through 
claimant's  main  ditches  to  and  upon  the  land;  that  one-eighth  of 
the  land  embraced  in  the  entry  has  been  actually  irrigated  and 
cultivated  and  that  water  has  been  brought  to  such  a  point  on  the 
land  as  to  readily  demonstrate  that  the  entire  irrigable  area  may 
be  irrigated  from  the  system  and  that  he  is  prepared  to  distribute 
the  water  so  claimed  over  all  of  the  irrigable  land  in  each  smallest 
legal  subdivision  in  quantity  sufficient  for  practical  irrigation  as 
soon  as  the  land  shall  have  been  cleared  or  otherwise  prepared  for 
cultivation.  The  nature  of  the  work  necessary  to  be  performed  in 
and  for  the  preparation  for  cultivation  of  such  part  of  the  land  as 
has  not  been  irrigated  should  be  carefully  indicated,  and  it  should 
be  shown  that  the  said  work  of  preparation  is  being  prosecuted 
with  such  diligence  as  will  permit  of  beneficial  application  of  appro- 
priated water  within  a  reasonable  time. 

27.  In  those  States  where  entrymen  have  made  applications  for 
water  rights  and  have  been  granted  permits,  but  where  no  final 
adjudication .  of  the  water  right   can   be  secured  from  the  State 
authorities,  owing  to  delay  in  the  adjudication  of  the  water  courses, 
or  other  delay  for  which  the  entrymen  are  in  no  way  responsible, 
proof  that  the  entrymen  have  done  all  that  is  required  of  them  by 
the  laws  of  the  State,  together  with  proof  of  actual  irrigation  of 
one-eighth  of  the  land  embraced  in  their  entries,  may  be  accepted. 
This  modification  of  the  rule  that  the  claimant  must  furnish  evi- 
dence of  an  absolute  water  right  will  apply  only  in  those  States 
where,  under  the  local  laws,  it  is  absolutely  impossible  for  the  entry- 
man  to  secure  final  title  to  his  water  right  within  the  time  allowed 
him  to  submit  final  proof  on  his  entry,  and  in  such  cases  the  best 
evidence  obtainable  must  be  furnished. 

28.  Where  final  proof  is  not  made  within  the  period  of  four 
years,  or  within  the  period  for  which  an  extension  of  time  has  been 
granted,  the  Register  and  Receiver  should  send   the   claimant  a 


281 

notice,  addressed  to  him  at  his  post-office  address  of  record,  inform- 
ing him  that  he  will  be  allowed  ninety  days  in  which  to  submit  final 
proof.  Should  no  action  be  taken  within  the  time  allowed,  the 
Register  and  Receiver  will  report  that  fact,  together  with  evidence 
of  service,  to  the  General  Land  Office,  whereupon  the  entry  will  be 
canceled. 

EXTENSION  OF  TIME  IN  SUBMITTING  PROOF  UNDER  CERTAIN  CON- 

DITIONS. 

29.  Under  the  provisions  of  the  Act  of  March  28,  1908,  the 
period  of  four  years  may  be  extended,  in  the  discretion  of  the  Com- 
missioner of  the  General  Land  Office,  for  an  additional  period  not 
exceeding  three  years,  if,  by  reason  of  some  unavoidable  delay  in 
the  construction  of  the  irrigating  works  intended  to  convey  water 
to  the  land,  the  entryman  is  unable  to  make  proof  of  reclamation 
and  cultivation  required  within  the  four  years.    This  does  not  mean 
that  the  period  within  which  proof  may  be  made  will  be  extended 
as  a  matter  of  course  for  three  years.    The  statute  authorizes  the 
Commissioner  of  the  General  Land  Office  to  grant  the  extension,  in 
his  discretion,  for  such  a  period  as  he  may  deem  necessary  for  the 
completion  of  the  reclamation,  not  exceeding  three  years,  but  such 
applications  for  extension  will  not  be  granted  unless  it  be  clearly 
shown  that  the  failure  to  reclaim  and  cultivate  the  land  within  the 
regular  period  of  four  years  was  due  to  no  fault  on  the  part  of  the 
entryman,  but  to  some  unavoidable  delay  in  the  construction  of  the 
irrigation  works,  for  which  he  was  not  responsible  and  could  not 
have  readily  foreseen.    Under  no  other  condition  is  an  extension  of 
time  to  make  final  proof  authorized,  except  in  cases  falling  under 
section  5  of  the  Act  of  June  27,  1906,  pertaining  to  the  entry  of 
land  within  the  limits  of  reclamation  projects. 

An  entryman  who  desires  to  make  application  for  extension  of 
time  under  the  provisions  of  the  Act  of  March  28,  1908,  should  file 
with  the  Register  and  Receiver  an  affidavit  setting  forth  fully  the 
facts,  showing  how  and  why  he  has  been  prevented  from  making 
final  proof  of  reclamation  and  cultivation  within  the  regular  period. 
This  affidavit  should  be  executed  before  one  of  the  officers  named  in 
paragraph  11  of  this  circular  and  must  be  corroborated  by  two  wit- 
nesses who  have  personal  knowledge  of  the  facts,  and  the  Register 
and  Receiver,  after  carefully  considering  all  of  the  facts,  will  for- 
ward the  application  to  the  General  Land  Office,  with  appropriate 
recommendation  thereon.  Inasmuch  as  Registers  and  Receivers 
reside  in  their  respective  districts,  they  are  presumed  to  have  more 
or  less  personal  knowledge  of  the  conditions  existing  therein,  and 
for  that  reason  much  weight  will  be  given  their  recommendations. 

PAYMENTS— FEES. 

30.  At  the  time  of  making  final  proof  the  claimant  must  pay  to 
the  Receiver  the  sum  of  $1  per  acre  for  each  acre  of  land  upon 
which  proof  is  made.    This,  together  with  the  25  cents  per  acre  paid 
at  the  time  of  making  the  original  entry,  will  amount  to  $1.25  per 
acre,  which  is  the  price  to  be  paid  for  all  lands  entered  under  the 
desert-land  law,  regardless  of  their  location.     Tho  Receiver  will 
issue  a  receipt  for  the  money  paid,  and,  if  the  proof  is  satisfactory, 
the  Register  will  issue  a  certificate  in  duplicate  and  deliver  one  copy 


282 

to  the  entryman  and  forward  the  other  copy  to  the  General  Land 
Office  at  the  end  of  the  month  during  which  the  certificate  was 
issued. 

If  the  entryman  is  dead  and  proof  is  made  by  anyone  for  the 
heirs,  no  will  being  suggested  in  the  record,  the  final  certificate 
should  issue  to  the  heirs  generally,  without  naming  them ;  if  by  any- 
one for  the  heirs  or  devisees,  final  certificate  should  issue,  in  like 
manner,  to  the  heirs  or  devisees. 

When  final  proof  is  made  on  an  entry  made  prior  to  the  Act  of 
March  28,  1908,  for  unsurveyed  land,  if  such  proof  is  satisfactory, 
the  Register  and  Receiver  will  approve  the  same  and  forward  it  to 
the  General  Land  Office  without  collecting  the  final  payment  of  $1 
an  acre  and  without  issuing  final  certificate.  Fees  for  reducing  the 
final-proof  testimony  to  writing  should  be  collected  and  receipt 
issued  therefor,  if  the  proof  is  taken  before  the  Register  and 
Receiver.  As  soon  as  the  land  is  surveyed  they  will  call  upon  the 
entryman  to  make  proof,  in  the  form  of  an  affidavit,  duly  corrobo- 
rated, showing  the  legal  subdivisions  covered  by  his  entry.  When 
this  has  been  done  the  Register  and  Receiver  will,  in  the  absence  of 
conflict  or  other  objection,  correct  their  records  so  as  to  make  them 
describe  the  land  by  legal  subdivisions,  and,  if  final  proof  has  been 
made  and  found  satisfactory  and  no  other  objections  exist,  final 
papers  should  be  issued  upon  payment  of  the  proper  amount. 

31.  No  fees  or  commissions  are  required  of  persons  making 
entry  under  the  desert-land  laws,  except  such  fees  as  are  paid  to 
the  officers  for  taking  the  affidavits  and  proofs.     The  only  pay- 
ments made  to  the  Government  are  the  original  payment  of  25 
cents  an  acre  at  the  time  of  making  the  application  and  the  final 
payment  of  $1  an  acre,  to  be  paid  at  the  time  of  making  final  proof. 
Where  final  proofs  are  made  before  the  Register  or  Receiver  in  Cali- 
fornia, Oregon,  Washington,  Nevada,  Colorado,  Idaho,  New  Mexico, 
Arizona,  Utah,  Wyoming  and   Montana  they  will  be   entitled  to 
receive,  jointly,  221/£  cents  for  each  100  words  of  testimony  reduced 
to  writing;  in  all  other  States  they  will  be  allowed  15  cents  per  100 
words  for  such  service.     The  United  States  Commissioners,  United 
States  Court  Commissioners,  Judges,  and  Clerks  are  not  entitled  to 
receive  a  greater  sum  than  25  cents  for  each  oath  administered  by 
them,  except  that  they  are  entitled  to  receive  $1  for  administering 
the  oath  to  each  entryman  and  each  final-proof  witness  where  final- 
proof  testimony  has  been  reduced  to  writing  by  them. 

CONTESTS  AND  EELIXQUISHMENTS. 

32.  Contests  may  be  initiated  against  a  desert-land  entry  for 
illegal  inception,  abandonment,  or  failure  to  comply  with  the  law 
after  entry.    Successful  contestants  will  be  allowred  a  preference 
right  of  entry  for  thirty  days  after  notice  of  the  cancellation  of  the 
contested  entry,  in  the  same  manner  as  in  homestead  cases,  and  the 
Register  will  give  the  same  notice  and  is  entitled  to  the  same  fee 
for  notice  as  in  other  cases.    However,  see,  in  this  connection,  the 
Act  of  June  25,  1910  (36  Stat,  867). 

33.  A  desert-land  entry  may  be  relinquished  at  any  time  by  the 
party  owning  the  same,  and  when  relinquishments  are  filed  in  the 
local  land  office  the  entries  will  be  canceled  by  the  Register  and 
Receiver  in  the  same  manner  as  in  homestead,  preemption,  and  other 


283 

cases,  under  the  first  section  of  the  Act  of  May  14,  1880  (21  Stat., 
140). 

DESERT-LAND  ENTRIES  WITHIN  A  RECLAMATION  PROJECT. 

34.  By  section  5  of  the  Act  of  June  27,  1905  (34  Stat.,  519),  it  is 
provided  that  any  desert-land  eutrynmn  who  has  been  or  may  be 
directly  or  indirectly  hindered  or  prevented  from  making  improve- 
ments on  or  from  reclaiming  the  lands  embraced  in  his  entry,  by 
reason  of  the  fact  that  such  lands  have  been  embraced  within  the 
exterior  limits  of  any  withdrawal  under  the  reclamation  Act  of 
June  17,  1902,  will  be  excused  during  the  continuance  of  such  hin- 
drance from  complying  with  the  provisions  of  the  desert-land  laws. 

35.  This  Act  applies  only  to  persons  who  have  been,  directly  or 
indirectly,  delayed  or  prevented,  by  the  creation  of  any  reclamation 
project  or  by  any  withdrawal  of  public  lands  under  the  reclamation 
act,  from  improving  or  reclaiming  the  lands  covered  by  their  entries. 

36.  No  entrymau  will  be  excused  under  this  Act  from  a  com- 
pliance with  all  of  the  requirements  of  the  desert-land  law  until  he 
has  filed  in  the  local  land  office  for  the  district  in  which  his  lands 
are  situated  an  affidavit  showing  in  detail  all  of  the  facts  upon 
which  he  claims  the  right  to  be  excused.    This  affidavit  must  show 
when  the  hindrance  began,  the  nature,  character,  and  extent  of  the 
same,  and  it  must  be  corroborated  by  two  disinterested  persons, 
who  can  testify  from  their  own  personal  knowledge. 

37.  The  Kegister  and  Receiver  will  at  once  forward  the  appli- 
cation to  the  engineer  in  charge  of  the  reclamation  project  under 
which  the  lands  involved  are  located  and  request  a  report  and 
recommendation  thereon.    Upon  the  receipt  of  this  report  the  Regis- 
ter and  Receiver  will  forward  it,  together  with  the  applicant's  affi- 
davit and  their  recommendation,  to  the  General  Land  Office,  where 
it  will  receive  appropriate  consideration  and  be  allowed  or  denied, 
as  the  circumstances  may  justify. 

38.  Inasmuch  as  entrymen  are  allowed  one  year  after  entry  in 
which  to  submit  the  first  annual  proof  of  expenditures  for  the  pur- 
pose of  improving  and  reclaiming  the  land  entered  by  them,  the 
privileges  of  this  Act  are  not  necessary  in  connection  with  annual 
proofs  until  the  expiration  of  the  years  in  which  such  proofs  are 
due.    Therefore,  if  at  the  time  that  annual  proof  is  due  it  can  not 
be  made,  on  account  of  hindrance  or  delay  occasioned  by  a  with- 
drawal of  the  land  for  the  purpose  indicated  in  the  Act,  the  appli- 
cant will  file  his  affidavit  explaining  the  delay.    As  a  rule,  however, 
annual  proofs  may  be  made,  notwithstanding  the  withdrawal  of  the 
land,  because  expenditures  for  various  kinds  of  improvements  are 
allowed  as  satisfactory  annual  proofs.    Therefore  an  extension  of 
time  for  making  annual  proof  will  not  be  granted  unless  it  is  made 
clearly  to   appear  that  the   entryman  has  been   delayed   or  pre- 
vented by  the  withdrawal  from  making  the  required  improvements ; 
and,  unless  he  has  been  so  hindered  or  prevented  from  making  the 
required  improvements,  no  application  for  extension  of  time  for 
making  final  proof  will  be  granted  until  after  all  the  yearly  proofs 
have  been  made. 

39.  An  entryman  will  not  need  to  invoke  the  privileges  of  this 
Act  in  connection  with  final  proof  until  such  final  proof  is  due,  and 
if  at  that  time  he  is  unable  to  make  the  final  proof  of  reclamation 


284 

and  cultivation  as  required  by  law,  and  such  inability  is  due, 
directly  or  indirectly,  to  the  withdrawal  of  the  land  on  account  of 
a  reclamation  project,  the  affidavit  explaining  the  hindrance  and 
delay  should  be  filed  in  order  that  the  entryman  may  be  excused 
for  such  failure. 

40.  When  the  time  for  submitting  final  proof  has  arrived  and 
the  entryman  is  unable,  by  reason  of  the  withdrawal  of  the  land, 
to  make  such  proof,  upon  proper  showing,  as  indicated  herein,  he 
will  be  excused,  and  the  time  during  which  it  is  shown  that  he  has 
been  hindered  or  delayed  on  account  of  the  withdrawal  of  the  land 
will  not  be  computed  in  determining  the  time  within  which  final 
proof  must  be  made. 

41.  If  after  investigation  the  irrigation  project  has  been  or  may 
be  abandoned  by  the  Government,  the  time  for  compliance  with 
the  law  by  the  entryman  will  begin  to  run  from  the  date  of  notice 
of  such  abandonment  of  the  project  and  of  the  restoration  to  the 
public  domain  of  the  lands  which  had  been  withdrawn  in  connec- 
tion with  the  project.    If,  however,  the  reclamation  project  is  car- 
ried to  completion  by  the  Government  and  a  water  supply  has  been 
made  available  for  the  land  embraced  in  such  desert-land  entry, 
the  entryman  must  comply  with  all  the  provisions  of  the  Act  of 
June  17,  1902,  and  must  relinquish  all  the  land  embraced  in  his 
entry  in  excess  of  160  acres,  and  upon  making  final  proof  and 
complying  with  the  terms  of  payment  prescribed  in  said  Act  of 
June  17,  1902,  he  shall  be  entitled  to  patent. 

42.  Special  attention  is  called  to  the  fact  that  nothing  con- 
tained in  the  Act  of  June  27,  1906,  shall  be  construed  to  mean  that 
a  desert-land  entryman  who  owns  a  water  right  and  reclaims  the 
land   embraced   in  his   entry  must   accept  the   conditions   of   the 
reclamation  Act  of  June  17, 1902,  but  he  may  proceed  independently 
of  the  Government 's  plan  of  irrigation  and  acquire  title  to  the  land 
embraced  in  his  desert-land  entry  by  means  of  his  own  system  of 
irrigation. 

43.  Desert-land    entrymen   within    exterior    boundaries    of   a 
reclamation  project  who  expect  to  secure  water  from  the  Govern- 
ment must  relinquish  all  of  the  lands  embraced  in  their  entries 
in  excess  of  160  acres  whenever  they  are  required  to  do  so  through 
the  local  land  office  and  must  reclaim  one-half  of  the  irrigable  area 
covered  by  their  water  right  in  the  same  manner  as  private  owners 
of  land  irrigated  under  a  reclamation  project. 

44.  All  previous  rulings  and  instructions  not  in  harmony  here- 
with are  hereby  vacated. 

FRED  DENNETT,  Commissioner. 
Approved. 

FRANK  PIERCE, 

Acting  Secretary. 

STATUTES. 

(A)   An  Act  to  Provide  for  the  Sale  of  Desert  Lands  in  Certain  States  and 

Territories. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  it  shall  be  lawful  for  any 
citizen  of  the  United  States,  or  any  person  of  requisite  age  "who  may  be 
entitled  to  become  a  citizen,  and  who  has  filed  his  declaration  to  become 
such"  and  upon  payment  of  twenty-five  cents  per  acre — to  file  a  declaration 
under  oath  with  the  register  and  the  receiver  of  the  land  district  in  which 


285 

any  desert  land  is  situated,  that  he  intends  to  reclaim  a  tract  of  desert  land  not 
exceeding  one  section,*  by  conducting  water  upon  the  same,  within  the  period 
of  three  yearst  thereafter:  Provided,  however,  That  the  right  to  the  use  of 
water  by  the  person  so  conducting  the  same,  on  or  to  any  tract  of  desert  land 
of  six  hundred  and  forty  acres  shall  depend  upon  bona  fide  prior  appropriation; 
and  such  right  shall  not  exceed  the  amount  of  water  actually  appropriated,  and 
necessarily  used  for  the  purpose  of  irrigation  and  reclamation;  and  all  surplus 
water  over  and  above  such  actual  appropriation  and  use,  together  with  the 
water  of  all  lakes,  rivers,  and  other  sources  of  water  supply  upon  the  public 
lands,  and  not  navigable,  shall  remain  and  be  held  free  for  the  appropriation 
and  use  of  the  public  for  irrigation,  mining  and  manufacturing  purposes  sub- 
ject to  existing  rights.  Said  declaration  shall  describe  particularly  said  section 
of  land  if  surveyed,  and,  if  unsurveyed,  shall  describe  the  same  as  nearly  as 
possible  without  survey.  At  any  time  within  the  period  of  three  years  after 
filing  said  declaration,  upon  making  satisfactory  proof  to  the  register  and 
receiver  of  the  reclamation  of  said  tract  of  land  in  the  manner  aforesaid,  and 
upon  the  payment  to  the  receiver  of  the  additional  sum  of  one  dollar  per  acre 
for  a  tract  of  land  not  exceeding  six  hundred  and  forty  acres  to  any  one  per- 
son, a  patent  for  the  same  shall  be  issued  to  him:  Provided,  That  no  person 
shall  be  permitted  to  enter  more  than  one  tract  of  land  and  not  to  exceed 
six  hundred  and  forty  acres,  which  shall  be  in  compact  form. 

Sec.  2.  That  all  lands  exclusive  of  timber  lands  and  mineral  lands  which 
will  not,  without  irrigation,  produce  some  agricultural  crop,  shall  be  deemed 
desert  lands,  within  the  meaning  of  this  act,  which  fact  shall  be  ascertained 
by  proof  of  two  or  more  credible  witnesses  under  oath,  whose  affidavit  shall 
be  filed  in  the  land  office  in  which  said  tract  of  land  may  be  situated. 

Sec.  3.  That  this  act  shall  only  apply  to  and  take  effect  in  the  States  of 
California,  Oregon,  and  Nevada,  and  the  Territories  of  Washington,  Idaho, 
Montana,  Utah,  Wyoming,  Arizona,  New  Mexico,  and  Dakota,  and  the  deter- 
mination of  what  may  be  considered  desert  land  shall  be  subject  to  the 
decision  and  regulation  of  the  Commissioner  of  the  General  Land  Office. 

Approved,  March  3,  1877  (19  Stat.,  377). 

*  Limited  to  320  acres  by  Act  of  March  3,  1891  (26  Stat.,  1095). 

t  Time  extended  to  four  years  by  Act  of  March  3,  1891,  supra. 

(B)    Three  Hundred  and  Twenty  Acre  Limitation. 
Approved,  August  30,  1890  (26  Stat.,  391).    See  page  531. 

(C)   An  Act  to  Repeal  Timber-Culture  Laws,  and  for  Other  Purposes. 

******* 

Sec.  2.  That  an  Act  to  provide  for  the  sale  of  desert  lands  in  certain 
States  and  Territories,  approved  March  third,  eighteen  hundred  and  seventy- 
seven,  is  hereby  amended  by  adding  thereto  the  following  sections: 

Sec.  4.  That  at  the  time  of  filing  the  declaration  hereinbefore  required  the 
party  shall  also  file  a  map  of  said  land  which  shall  exhibit  a  plan  showing 
the  mode  of  contemplated  irrigation,  and  which  plan  shall  be  sufficient  to  thor- 
oughly irrigate  and  reclaim  said  land,  and  prepare  it  to  raise  ordinary  agricul- 
tural crops,  and  shall  also  show  the  source  of  the  water  to  be  used  for  irriga- 
tion and  reclamation.  Persons  entering  or  proposing  to  enter  separate  sections 
or  fractional  parts  of  sections  of  desert  lands  may  associate  together  in  the 
construction  of  canals  and  ditches  for  irrigating  and  reclaiming  all  of  said 
tracts,  and  may  file  a  joint  map  or  maps  showing  their  plan  of  internal  improve- 
ments. 

Sec.  5.  That  no  land  shall  be  patented  to  any  person  under  this  Act  unless 
he  or  his  assignees  shall  have  expended  in  the  necessary  irrigation,  reclama- 
tion, and  cultivation  thereof,  by  means  of  main  canals  and  branch  ditches, 
and  in  permanent  improvements  upon  the  land,  and  in  the  purchase  of  water 
rights  for  the  irrigation  of  the  same,  at  least  three  dollars  per  acre  of  whole 
tract  reclaimed  and  patented  in  the  manner  following:  Within  one  year  after 
making  entry  for  such  tract  of  desert  land  as  aforesaid,  the  party  so  entering 
shall  expend  not  less  than  one  dollar  per  acre  for  the  purposes  aforesaid;  and 
he  shall  in  like  manner  expend  the  sum  of  one  dollar  per  acre  during  the  second 
and  also  during  the  third  year  thereafter,  until  the  full  sum  of  three  dollars 
per  acre  is  so  expended.  Said  party  shall  file  during  each  year  with  the 
register,  proof,  by  the  affidavits  of  two  or  more  credible  witnesses,  that  the 
full  sum  of  one  dollar  per  acre  has  been  expended  in  such  necessary  improve- 
ments during  such  year,  and  the  manner  in  which  expended,  and  at  the 
expiration  of  the  third  year  a  map  or  plan  showing  the  character  and  extent 
of  such  improvements.  If  any  party  who  has  made  such  application  shall  fail 


286 

during  any  year  to  file  the  testimony  aforesaid,  the  lands  shall  revert  to  the 
United  States,  and  the  twenty-five  cents  advanced  payment  shall  be  forfeited 
to  the  United  States,  and  the  entry  shall  be  canceled.  Nothing  herein  con- 
tained shall  prevent  a  claimant  from  making  his  final  entry  and  receiving  his 
patent  at  an  earlier  date  than  hereinbefore  prescribed,  provided  that  he  then 
makes  the  required  proof  of  reclamation  to  the  aggregate  extent  of  three 
dollars  per  acre:  Provided,  That  proof  be  further  required  of  the  cultivation 
of  one-eighth  of  the  land. 

Sec.  6.  That  this  Act  shall  not  affect  any  valid  rights  heretofore  accrued 
under  said  Act  of  March  third,  eighteen  hundred  and  seventy-seven,  but  all 
bona  fide  claims  heretofore  lawfully  initiated  may  be  perfected,  upon  due 
compliance  with  the  provisions  of  said  Act,  in  the  same  manner,  upon  the 
same  terms  and  conditions,  and  subject  to  the  same  limitations,  forfeitures, 
and  contests  as  if  this  Act  had  not  been  passed;  or  said  claims,  at  the  option 
of  the  claimant,  may  be  perfected  and  patented  under  the  provisions  of  said 
Act,  as  amended  by  this  Act,  so  far  as  applicable;  and  all  acts  and  parts  of 
acts  in  conflict  with  this  Act  are  hereby  repealed. 

Se<j.  7.  That  at  any  time  after  filing  the  declaration,  and  within  the 
period  of  four  years  thereafter,  upon  making  satisfactory  proof  to  the  register 
and  the  receiver  of  the  reclamation  and  cultivation  of  said  land  to  the  extent 
and  cost  and  in  the  manner  aforesaid,  and  substantially  in  accordance  with  the 
plans  herein  provided  for,  and  that  he  or  she  is  a  citizen  of  the  United  States, 
and  upon  payment  to  the  receiver  of  the  additional  sum  of  one  dollar  per 
acre  for  said  land,  a  patent  shall  issue  therefor  to  the  applicant  or  his  assigns; 
but  no  person  or  association  of  persons  shall  hold,  by  assignment  or  otherwise 
prior  to  the  issue  of  patent,  more  than  three  hundred  and  twenty  acres  of 
such  arid  or  desert  lands;  but  this  section  shall  not  apply  to  entries  made 
or  initiated  prior  to  the  approval  of  this  act:  Provided,  however,  That  addi- 
tional proofs  may  be  required  at  any  time  within  the  period  prescribed  by 
law,  and  that  the  claims  or  entries  made  under  this  or  any  preceding  act  shall 
be  subject  to  contest,  as  provided  by  the  law  relating  to  homestead  cases, 
for  illegal  inception,  abandonment,  or  failure  to  comply  with  the  requirements 
of  law,  and  upon  satisfactory  proof  thereof  shall  be  canceled,  and  the  lands 
and  money  paid  therefor  shall  be  forfeited  to  the  United  States. 

Sec.  8.  That  the  provisions  of  the  Act  to  which  this  is  an  amendment,  and 
the  amendments  thereto,  shall  apply  to.  and  be  in  force  in  the  State  of  Colo- 
rado, as  well  as  the  States  named  in  the  original  act;  and  no  person  shall  be 
entitled  to  make  entry  of  desert  land  except  he  be  a  resident  citizen  of  the 

State  or  Territory  in  which  the  land  sought  to  be  entered  is  located. 

******* 

Approved,  March  3,  1891  (26  Stat.,  1095). 


(D)    Sec.  2294,  United  States  Kevised  Statutes,  as  Amended  by  Act  of  March 

4,  1904  (33  Stat.,  59). 

Sec.  2294.  That  hereafter  all  proofs,  affidavits,  and  oaths  of  any  kind  what- 
soever required  to  be  made  by  applicants  and  entrymen  under  the  homestead, 
preemption,  timber-culture,  desert-land,  and  timber  and  stone  acts,  may,  in 
addition  to  those  now  authorized  to  take  such  affidavits,  proofs,  and  oaths, 
be  made  before  any  United  States  commissioner  or  commissioner  of  the  court 
exercising  federal  jurisdiction  in  the  Territory  or  before  the  judge  or  clerk 
of  any  court  of  record  in  the  county,  parish,  or  land  district  in  which  the 
lands  are  situated:  Provided,  That  in  case  the  affidavits,  proofs,  and  oaths 
hereinbefore  mentioned  be  taken  out  of  the  county  in  which  the  land  is 
located  the  applicant  must  show  by  affidavit,  satisfactory  to  the  Commissioner 
of  the  General  Land  Office,  that  it  was  taken  before  the  nearest  or  most 
accessible  officer  qualified  to  take  said  affidavits,  proofs,  and  oaths  in  the  land 
districts  in  which  the  lands  applied  for  are  located;  but  such  showing  by 
affidavit  need  not  be  made  in  making  final  proof  if  the  proof  be  taken  in 
the  town  or  city  where  the  newspaper  is  published  in  which  the  final  proof 
notice  is  printed.  The  proof,  affidavit,  and  oath,  when  so  made  and  duly  sub- 
scribed, or  which  may  have  heretofore  been  so  made  and  duly  subscribed,  shall 
have  the  same  force  and  effect  as  if  made  before  the  register  and  receiver, 
when  transmitted  to  them  with  the  fees  and  commissions  allowed  and  required 
by  law.  That  if  any  witness  making  such  proof,  or  any  applicant  making 
such  affidavit  or  oath,  shall  knowingly,  willfully,  or  corruptly  swear  falsely  to 
any  material  matter  contained  in  said  proofs,  affidavits,  or  oaths  he  shall  be 
deemed  guilty  of  perjury,  and  shall  be  liable  to  thte  same  pains  and  penalties 


287 

as  if  he  had  sworn  falsely  before  the  register.  That  the  fees  for  entries  and 
for  final  proofs,  when  made  before  any  other  officer  than  the  register  and 
receiver,  shall  be  as  follows: 

"For  each  affidavit,  twenty-five  cents. 

"For  each  deposition  of  claimant  or  witness,  when  not  prepared  by  the 
officer,  twenty-five  cents. 

"For  each  deposition  of  claimant  or  witness,  prepared  by  the  officer, 
one  dollar. 

"Any  officer  demanding  or  receiving  a  greater  sum  for  such  service 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished  for 
each  offense  by  a  fine  not  exceeding  one  hundred  dollars." 


(E)     An   Act   Providing   for   the    Subdivision    of    Lands    Entered    Under   the 

Reclamation  Act,  and  for  Other  Purposes. 

******# 

Sec.  5.  That  where  any  bona  fide  desert-land  entry  has  been  or  may 
be  embraced  within  the  exterior  limits  of  any  land  withdrawal  or  irrigation 
project  under  the  Act  entitled  "An  Act  appropriating  the  receipts  from  the 
sale  and  disposal  of  public  lands  in  certain  States  and  Territories  to  the 
construction  of  irrigation  works  for  the  reclamation  of  arid  lands,"  approved 
June  seventeenth,  nineteen  hundred  and  two,  and  the  desert-land  entryman 
has  been  or  may  be  directly  or  indirectly  hindered,  delayed,  or  prevented  from 
making  improvements  or  from  reclaiming  the  land  embraced  in  any  such 
entry  by  reason  of  such  land  withdrawal  or  irrigation  project,  the  time  during 
which  the  desert-land  entryman  has  been  or  may  be  so  hindered,  delayed, 
or  prevented  from  complying  with  the  desert-land  law  shall  not  be  computed 
in  determining  the  time  within  which  such  entryman  has  been  or  may  be 
required  to  make  improvements  or  reclaim  the  land  embraced  within  any 
such  desert-land  entry:  Provided,  That  if  after  investigation  the  irrigation 
project  has  been  or  may  be  abandoned  by  the  Government,  time  for  com- 
pliance with  the  desert-land  law  by  any  such  entryman  shall  begin  to  run 
from  the  date  of  notice  of  such  abandonment  of  the  project  and  the  restora- 
tion to  the  public  domain  of  the  lands  withdrawn  in  connection  therewith, 
and  credit  shall  be  allowed  for  all  expenditures  and  improvements  heretofore 
made  on  any  such  desert-land  entry  of  which  proof  has  been  filed;  but  if 
the  reclamation  project  is  carried  to  completion  so  as  to  make  available  a 
water  supply  for  the  land  embraced  in  any  such  desert-land  entry,  the  entry- 
man shall  thereupon  comply  with  all  the  provisions  of  the  aforesaid  act  of 
June  seventeenth,  nineteen  hundred  and  two,  and  shall  relinquish  all  land 
embraced  within  his  desert-land  entry  in  excess  of  one  hundred  and  sixty 
acres,  and  as  to  such  one  hundred  and  sixty  acres  retained,  he  shall  be  entitled 
to  make  final  proof  and  obtain  patent  upon  compliance  with  the  terms  of 
payment  prescribed  in  said  act  of  June  seventeenth,  nineteen  hundred  a'nd 
two,  and  not  otherwise.  But  nothing  herein  contained  shall  be  held  to  require 
a  desert-land  entryman  who  owns  a  water  right  and  reclaims  the  land  em- 
braced in  his  entry  to  accept  the  conditions  of  said  reclamation  act. 

Approved,  June  27,  1906  (34  Stat.,  520). 


(F)    An  Act  Providing  for  Second  Desert-Land  Entries. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  any  person  who  prior  to  the 
passage  of  this  Act  has  made  entry  under  the  desert-land  laws,  but  from 
any  cause  has  lost,  forfeited,  or  abandoned  the  same,  shall  be  entitled  to 
the  benefits  of  the  desert-land  law  as  though  such  former  entry  had  not 
been  made,  and  any  person  applying  for  a  second  desert-land  entry  under 
this  Act  shall  furnish  the  description  and  date  of  his  former  entry:  Provided, 
That  the  provisions  of  this  Act  shall  not  apply  to  any  person  whose  former 
entry  was  assigned  in  whole  or  in  part  or  canceled  for  fraud,  or  who  relin- 
quished the  former  entry  for  a  valuable  consideration. 

Approved,  March  26,  1908  (35  Stat.,  48). 


(G)    An  Act  Limiting  and  Restricting  the  Right  of  Entry  and  Assignment 
Under    the    Desert-Land    Law    and    Authorizing    an    Extension    of    Time 
Within  Which  to  Make  Final  Proof. 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 

States  of  America  in  Congress  assembled,    That  from  and  after  the  passage 


288 

of  this  Act  the  right  to  make  entry  of  desert  lands  under  the  provisions  of 
the  Act  approved  March  third,  eighteen  hundred  and  seventy-seven,  entitled 
"An  Act  to  provide  for  the  sale  of  desert  lands  in  certain  States  and  Terri- 
tories" as  amended  by  the  Act  approved  March  third,  eighteen  hundred  and 
ninety-one,  entitled  "An  Act  to  repeal  timber-culture  laws,  and  for  other  pur- 
poses," shall  be  restricted  to  surveyed  public  lands  of  the  character  contem- 
plated by  said  Acts,  and  no  such  entries  of  unsurveyed  lands  shall  be  allowed 
or  made  of  record:  Provided,  however,  That  any  individual  qualified  to  make 
entry  of  desert  lands  under  said  acts  who  has,  prior  to  survey,  taken  posses- 
sion of  a  tract  of  unsurveyed  desert  land  not  exceeding  in  area  three  hundred 
and  twenty  acres  in  compact  form,  and  has  reclaimed  or  has  in  good  faith 
commenced  the  work  of  reclaiming  the  same,  shall  have  the  preference  right 
to  make  entry  of  such  tract  under  said  acts,  in  conformity  with  the  public 
land  surveys,  within  ninety  days  after  the  filing  of  the  approved  plat  of 
survey  in  the  district  land  office. 

Sec.  2.  That  from  and  after  the  date  of  the  passage  of  this  Act  no 
assignment  of  an  entry  made  under  said  acts  shall  be  allowed  or  recognized, 
except  it  be  to  an  individual  who  is  shown  to  be  qualified  to  make  entry 
under  said  acts  of  the  land  covered  by  the  assigned  entry,  and  such  assign- 
ments may  include  all  or  part  of  an  entry;  but  no  assignment  to  or  for  the 
benefit  of  any  corporation  or  association  shall  be  authorized  or  recognized. 

Sec.  3.  That  any  entryman  under  the  above  acts  who  shall  show  to  the 
satisfaction  of  the  Commissioner  of  the  General  Land  Office  that  he  has  in 
good  faith  complied  with  the  terms,  requirements,  and  provisions  of  said  acts, 
but  that  because  of  some  unavoidable  delay  in  the  construction  of  the  irri- 
gating works,  intended  to  convey  water  to  the  said  lands,  he  is,  without 
fault  on  his  part,  unable  to  make  proof  of  the  reclamation  and  cultivation 
of  said  land,  as  required  by  said  acts,  shall,  upon  filing  his  corroborated 
affidavit  with  the  land  office  in  wrhich  said  land  is  located,  setting  forth  said 
facts,  be  allowed  an  additional  period  of  not  to  exceed  three  years,  within  the 
discretion  of  the  Commissioner  of  the  General  Land  Office,  within  which  to 
furnish  proof,  as  required  by  said  acts,  of  the  completion  of  said  work. 

Approved,  March  28,  1908  (35  Stat.,  52). 


(H)    An  Act  for  the  Protection  of  the  Surface  Eights  of  Entrymen. 

Be  it  enacted  by  the  Senate  and  House  of  Kepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  any  person  who  has  in  good 
faith  located,  selected,  or  entered  under  the  nonmineral  land  laws  of  the 
United  States  any  lands  which  subsequently  are  classified,  claimed,  or  reported 
as  being  valuable  for  coal,  may,  if  he  shall  so  elect,  and  upon  making  satis- 
factory proof  of  compliance  with  the  laws  under  which  such  lands  are  claimed, 
receive  a  patent  therefor,  which  shall  contain  a  reservation  to  the  United 
States  of  all  coal  in  said  lands,  and  the  right  to  prospect  for,  mine,  and  remove 
the  same.  The  coal  deposits  in  such  lands  shall  be  subject  to  disposal  by 
the  United  States  in  accordance  with  the  provisions  of  the  coal-land  laws  in 
force  at  the  time  of  such  disposal,  but  no  person  shall  enter  upon  said  lands 
to  prospect  for,  or  mine  and  remove  coal  therefrom,  without  previous  consent 
of  the  owner  under  such  patent,  except  upon  such  conditions  as  to  security  for 
and  payment  of  all  damages  to  such  owner  caused  thereby  as  may  be  deter- 
mined by  a  court  of  competent  jurisdiction:  Provided,  That  the  owner  under 
such  patent  shall  have  the  right  to  mine  coal  for  use  on  the  land  for  domestic 
purposes  prior  to  the  disposal  by  the  United  States  of  the  coal  deposit: 
Provided  further,  That  nothing  herein  contained  shall  be  held  to  affect  or 
abridge  the  right  of  any  locator,  selector,  or  entryman  to  a  hearing  for  the 
purpose  of  determining  the  character  of  the  land  located,  selected,  or  entered 
by  him.  Such  locator,  selector,  or  entryman  who  has  heretofore  made  or  shall 
hereafter  make  final  proof  showing  good  faith  and  satisfactory  compliance  with 
the  law  under  which  his  land  is  claimed  shall  be  entitled  to  a  patent  without 
reservation  unless  at  the  time  of  such  final  proof  and  entry  it  shall  be  shown 
that  the  land  is  chiefly  valuable  for  coal. 

Approved,  March  3,  1909   (35  Stat.,  844). 


(I)    An  Act  to  Provide  for  Agricultural  Entries  on  Coal  Lands. 
Act  June  22,  1910  (36  Stat.,  583).    See  page  486. 
(J)    An  Act  for  the  Belief  of  Assignees  in   Good  Faith  of  Entries  of  Desert 

Lands  in  Imperial  County,  California. 
Be  it  enacted  by  the  Senate  and  Houie  of  Representatives  of  the  United 


289 

States  of  America  in  Congress  assembled,  That  any  person,  other  than  a 
corporation,  who  has  in  good  faith  heretofore  acquired  by  assignment  a  desert- 
land  entry,  which  entry  is  regular  upon  its  face,  in  the  belief  that  he  was 
obtaining  a  valid  title  thereto,  which  assignment  was  accepted  when  filed  at 
the  local  land  office  of  the  United  States  and  recognized  at  the  General  Land 
Office  as  a  proper  transfer  of  such  entry,  shall  be  entitled  to  complete  the 
entry  so  acquired,  notwithstanding  any  contest  that  has  been  or  may  be  filed 
against  such  entry,  based  upon  a  charge  of  fraud  of  which  the  assignee  had 
no  knowledge:  Provided,  however,  That  this  Act  -shall  only  apply  to  any 
person  who  at  the  time  of  receiving  such  assignment  was  without  notice  of 
any  fraud  in  the  entry  assigned  or  in  any  annual  proof  made  concerning  the 
same:  Provided  further,  That  patent  shall  not  issue  to  any  such  assignee 
unless  he  shall  affirmatively  establish,  by  his  evidence,  under  oath,  good  faith 
and  lack  of  notice  of  fraud,  and  by  the  testimony,  under  oath,  of  himself  and 
at  least  two  witnesses  that  expenditure  in  the  total  amount  and  cultivation 
and  reclamation  to  the  full  extent  required  by  law  have  been  actually  made 
and  accomplished:  And  provided  further,  That  nothing  herein  contained  shall 
be  construed  to  waive  or  avoid  liability  for  any  fraud  or  violation  of  the 
law  on  the  part  of  the  person  committing  the  same. 

Sec.  2.  That  where  a  person  having  made  entry  under  the  desert-land 
law  was  thereafter  permitted  by  the  Land  Department  to  hold  another  entry 
or  entries  by  assignment,  or  where  a  person  having  previously  perfected  title 
under  assignment  of  a  desert-land  entry,  or  having  held  land  under  assignment 
to  the  amount  of  three  hundred  and  twenty  acres  or  more  at  different  times, 
was  thereafter  permitted  by  the  Land  Department  to  make  an  entry  in  his 
own  right,  or  to  hold  other  lands  under  assignment,  such  persons,  or  their 
lawful  assignees,  shall  be,  upon  showing  full  compliance  with  all  requirements 
of  existing  law  as  to  expenditure,  reclamation,  and  cultivation,  permitted  to 
complete  title  to  the  land  now  held  by  them,  notwithstanding  any  contest 
that  may  have  been  or  may  hereafter  be  filed  against  the  entry  based  upon 
the  charge  that  the  present  claimant  has  exhausted  his  right  under  the  desert- 
land  law  by  reason  of  having  previously  made  an  entry  or  held  land  under 
an  assignment  as  above  detailed:  Provided,  however,  That  this  section  shall 
not  be  applicable  to  entries  made  or  taken  by  assignment  subsequently  to 
November  thirtieth,  nineteen  hundred  and  eight:  Provided  further,  That  no 
person  shall  be  entitled  to  the  benefits  of  either  the  first  or  second  section 
of  this  Act  who  has  heretofore  acquired  title  to  three  hundred  and  twenty 
acres  of  land  under  the  desert-land  laws;  nor  shall  this  Act  be  construed  to 
modify  in  any  manner  the  provisions  of  the  Act  of  August  thirtieth,  eighteen 
hundred  and  ninety  (Twenty-sixth  Statutes,  three  hundred  and  ninety-one),  and 
the  seventeenth  section  of  the  Act  of  March  third,  eighteen  hundred  and 
ninety-one  (Twenty-sixth  Statutes,  ten  hundred  and  ninety-five),  restricting 
the  quantity  of  lands  that  may  be  acquired  under  the  agricultural-land  laws. 

Sec.  3.  The  provisions  of  this  act  shall  apply  to  Imperial  County,  Cali- 
fornia, only. 

Approved,  June  25,  1910  (Sess.  Law,  2d  sess.,  61st  Cong.,  867). 

DESERT  ENTRIES  IN  WELD  AND  LAKIMER  COUNTIES,  COLORADO— 
EXTENSION  OF  TIME. 

Instructions. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  March  19,  1912. 
Register  and  Receiver, 

Sterling,  Denver,  and  Glenwood  Springs,  Colorado. 

Sirs:  Annexed  is  a  copy  of  the  Act  of  Congress  approved  January  16, 
1912  (Public— No.  62),  entitled  "An  Act  authorizing  the  Secretary  of  the 
Interior  to  grant  further  extension  of  time  within  which  to  make  proof  on 
desert  land  entries  in  the  counties  of  Weld  and  Larimer,  Colorado." 

1.  All  applications  for  the  benefit  of  this  Act  must  be  supported  by  the 
affidavits   of  the  applicants   and   at  least   two   corroborating   witnesses   made 
before  an  officer  legally  authorized  to  administer  oaths  in  connection  with  the 
entry  in  question  and  set  forth  the  facts  on  account  of  which  the  further 
extension  of  time  is  desired. 

2.  Such  applications  and  affidavits  must  be  filed  in  the  local  land  office  of 
the  district  wherein  the  lands  are  situated  for  transmission,  with  the  r^com- 


mendation  of  the  register  -and  receiver,  to  the  Commissioner  of  the  General 
Land  Office. 

3.  You  are  directed  to  suspend  any  application  that  may  be  considered 
defective  in  form  or  substance,  and  allow  the  applicant  an  opportunity  to 
remedy  the  defects  or  to  file  exceptions  to  the  requirements  made,  advising 
him  that  upon  his  failure  to  take  any  action  within  a  specified  time,  appro- 
priate recommendations  will  be  made.  Should  exceptions  be  filed,  they  will 
be  duly  considered  with  the  entire  record.  In  transmitting  applications  for 
the  benefit  of  this  act,  you  will  report  specifically  whether  or  not  there  is 
any  contest  pending  against  the  entry,  and  if  a  contest  is  pending,  you  will 
transmit  the  application  to  the  Commissioner  of  the  General  Land  Office  by 
special  letter  without  action  thereon,  making  due  reference  to  this  paragraph. 
Very  respectfully,  S.  V.  Proudfit, 

Approved:  Assistant  Commissioner. 

Samuel  Adams, 

First  Assistant  Secretary. 

[Public— No.    62.] 

An  Act  authorizing  tne  Secretary  of  the  Interior  to  grant  further  extension 

of  time  within  which  to  make  final  proof  on  desert-land  entries  in  the 

counties  of  Weld  and  Larimer,  Colorado. 

Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives  of  the  United 
States  of  America  in  Congress  assmbled,  That  the  Secretary  of  the  Interior 
may,  in  his  discretion,  grant  to  any  entryman  who  has  heretofore  made  entry 
under  the  desert-land  laws  in  the  counties  of  Weld  and  Larimer,  in  the  State 
of  Colorado,  a  further  extension  of  the  time  within  which  he  is  required  to 
make  final  proof:  Provided,  That  such  entryman  shall,  by  his  corroborated 
affidavit  filed  in  the  land  office  of  the  district  where  such  land  is  located  show 
to  the  satisfaction  of  the  Secretary  that  because  of  unavoidable  delay  in  the 
construction  of  irrigation  works  intended  to  convey  water  to  the  land  em- 
braced in  his  entry  he  is,  without  fault  on  his  part,  unable  to  make  proof 
of  the  reclamation  and  cultivation  of  said  lands  as  required  by  law  within 
the  time  limited  therefor;  but  such  extension  shall  not  be  granted  for  a  period 
of  more  than  three  years,  and  this  Act  shall  not  affect  contests  initiated  for  a 
valid  existing  reason. 

Approved,  January  26,  1912. 

[Circular  No.  116.] 

EXTENSION  OF  TIME  FOB  SUBMITTING  FINAL  PROOF  ON  DESERT- 
LAND  ENTRIES— ACT  OF  APRIL  30,  1912  (PUBLIC  NO.  143). 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  May  21,  1912. 
Eegisters  and  Receivers, 

United  States  Land  Offices. 

Sirs:  Annexed  is  a  copy  of  the  Act  of  Congress  approved  April  30,  1912 
(Public,  No.  143),  entitled  "An  Act  authorizing  the  Secretary  of  the  Interior 
to  grant  further  extension  of  time  within  which  to  make  proof  on  desert-land 
entries. "  .... 

1.  All  applications  for  the  benefit  of  this  Act  must  be  supported  by  the 
affidavits  of  the   applicants  and  at  least  two   corroborating  witnesses,   made 
before  an  officer  legally   authorized  to  administer   oaths   in   connection   with 
the  entry  in  question,  and  set  forth  the  facts  on  account  of  which  the  further 
extension  of  time  is  desired. 

2.  Such  applications  and  affidavits  must  be  filed  in  the  local  land  office  of 
the  district  wherein  the  lands  are  situated,  for  transmission,  with  the  recom- 
mendation of  the  register  and  receiver,  to  the  Commissioner  of  the  General 
Land  Office. 

3.  You  are  directed  to  suspend  any  application  that  may  be  considered 
defective  in  form  or  substance   and  allow  the   applicant   an   opportunity   to 
remedy  the  defects  or  to  file  exceptions  to  the  requirements  made,  advising 
him  that,  upon  his  failure  to  take  any  action  within  a  specified  time,  appro- 
priate recommendations  will  be  made.     Should  exceptions  be  filed,  they  will 
be  duly  considered  with  the  entire  record.    In  transmitting  applications  for  the 
benefit  of  this  Act  you  will  report  specifically  whether  or  not  there  is  any 
contest  pending  against  the  entry  involved,  and  if  a  contest  is  pending  you 


291 

will  transmit  the  application  to  the  Commissioner  of  the  General  Land  Office 
by  special  letter,  without  action  thereon,  making  due  reference  to  this  para- 
graph. Very  respectfully, 

Approved:  Fred  Dennett, 

Samuel  Adams,  Commissioner. 

First  Assistant  Secretary. 


[Public— No.  143.J 

An  Act  authorizing  the  Secretary  of  the  Interior  to  grant  further  extension  of 
time  within  which  to  make  proof  on  desert-land  entries. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  of  the  Interior 
may,  in  his  discretion,  in  addition  to  the  extension  authorized  by  existing 
law,  grant  to  any  entryman  under  the  desert-land  laws  a  further  extension 
of  the  time  within  which  he  is  required  to  make  final  proof:  Provided,  That 
such  entryman  shall,  by  his  corroborated  affidavit  filed  in  the  land  office  of 
the  district  where  such  land  is  located,  show  to  the  satisfaction  of  the  Secre- 
tary that  because  of  unavoidable  delay  in  the  construction  of  irrigation 
works  intended  to  convey  water  to  the  land  embraced  in  his  entry  he  is, 
without  fault  on  his  part,  unable  to  make  proof  of  the  reclamation  and  culti- 
vation of  said  lands  as  required  by  law  within  the  time  limited  therefor;  but 
such  extension  shall  not  be  granted  for  a  perior  of  more  than  three  years, 
and  this  act  shall  not  affect  contests  initiated  for  a  valid  existing  reason: 
Provided,  That  the  total  extension  of  the  statutory  period  for  making  final 
proof  that  may  be  allowed  in  any  one  case  under  this  act,  and  any  other 
existing  statutes  of  either  general  or  local  application,  shall  be  limited  to 
six  years  in  the  aggregate. 

Approved,  April  30,  1912. 

SUSPENDED    ENTRIES— RULES    AND    REGULATIONS- 
BOARD  OF  EQUITABLE  ADJUDICATION. 

Under  the  Act  of  Congress,  approved  August  3,  1846,  entitled 
"An  Act  providing  for  the  adjustment  of  all  suspended  preemption 
land  claims  in  the  several  States  and  Territories,"  the  following 
general  equitable  rules  and  regulations  were  established  for  the 
government  of  the  Commissioner  of  the  General  Land  Office: 

The  Commissioner  will  recognize  as  valid  and  place  in  the  first 
class,  suspended  entries  of  the  following  description: 

1.  All  preemption  entries  in  which  one  or  more  legal  require- 
ments do  not  appear  in  the  papers  because  of  the  neglect  or  inat- 
tention of  the  land  officers,  but  where  the  existing  testimony  shows 
a  substantial  and  bona  fide  settlement  and  improvement  of  the 
lands;  or  where  such  facts  were  satisfactorily  shown  to  the  local 
officers  by  proof  which  was  lost  in  transmission  to  the  General  Land 
Office  and  cannot  now  be  renewed  by  reason  of  the  death  of  wit- 
nesses or  other  cause. 

2.  All  entries  in  virtue  of  "floats"  under  the  Acts  of  29th 
May,  1830,  and  19th  June,  1834,  where  the  original  settlement  (from 
which   the   "Float"   was   derived)    was  bona  fide   and  had  been 
actually  entered,  but  where  such  original  settlement  was  on  land 
reserved  for  private  claims,  the  survey  of  which  had  not  been 
returned  by  time  of  entry;  and  also  all  entries  by  such  "floats"  on 
land  liable  to  sale,  where  the  "float"  entries  had  been  made  prior 
to   the   return   of   the    official   plat    of    survey   for   the    original 
settlement. 

3.  All  preemption  entries  under  the  Acts  of  12th  April,  1814, 
29th  May,  1830,  and  19th  June,  1834,  22nd  June,  1838,  and  1st  June, 
1840,  which  have  been  allowed  in  the  name  of  assignees,  instead  of 


the  preemptors  themselves,  where  the  claim  is  bona  fide,  and  the 
assignees  or  subsequent  purchasers  are  in  possession. 

4.  Entries  allowed  by  preemption  on  "sketch  maps"  (obtained 
by  the  parties)  before  the  return  of  the  regular  approved  plat  of 
the  township  embracing  the  land. 

5.  All  entries  allowed  by  preemption  on  land  which  was  reserved 
at  the  date  of  the  Preemption  Act,  but  which  was  released  from 
reservation  before  the  expiration  of  said  Act,  where  such  entries 
are  in  other  respects  regular. 

6.  Preemption  entries  under  laws  requiring  actual  residence 
on  public  land,  in  which  the  residence  was  found  to  be  on  private 
property,  but  where  the  tract  entered  formed  a  substantial  part 
of  the  farm  of  the  claimant,  and  was  improved  and  cultivated  by 
him  at  the  period  required  for  residence. 

7.  Preemption  entries  of  legal  subdivisions  of  a  fractional  sec- 
tion which  contain  more  than  160  acres,  but  which  arenas  near  to 
that  quantity  as  the  existing  subdivisions  will  allow. 

8.  Preemption  entries  allowed  under  one  preemption  law,  where 
it  shall  have  been  discovered  that  said  entries  are  invalid  under 
that  Act,  but  where  the  settlement  and  improvement  is  of  a  char- 
acter to  have  entitled  the  parties  to  a  legal  and  valid  claim  under 
a  subsequent  law,  provided  the  land  is  not  embraced  by  the  valid 
claim  of  another. 

9.  Preemption  entries  in  the  mineral  region  embracing  the  half 
of  a  quarter  section  reserved  for  mineral  purposes  where  the  half 
quarter  so  entered  is  shown  not  to  have  contained  mineral,  and  also 
entries  as  "floats"  allowed  to  the  claimants,  who,  by  reason  of  one 
portion  of  the  quarter  section  on  which  they  were  settled  contain- 
ing  mineral,  were  unable  to  enter  more  than  the  half  of  said  quar- 
ter section,  provided  the  claim  is  otherwise  a  bona  fide  one. 

10.  Preemption  entries  founded  upon  a  bona  fide  right  of  pre- 
emption, where,  as  it  respects  the  mode  and  manner  of  the  entry, 
there  is  not  a  strict  conformity  with  the  law,  but  where  such  entry 
does  not  embrace  a  quantity  exceeding  that  allowed  by  law,  is  in 
accordance  with  the  wish  of  the  party  or  parties  interested  and 
does  not  interfere  writh  the  rights  or  interests  of  another. 

11.  All  private  sales  of  tracts  which  have  not  been  previously 
offered  at  public  sale,  but  where  the  entry  appears  to  have  been 
permitted  by  land  officers  under  the  impression  that  the  land  was 
liable  to  private  entry,  and  there  is  no  reason  to  presume  fraud, 
or  to  believe  that  the  purchase  was  made  otherwise  than  in  good 
faith. 

12.  All  sales  made  at  one  land  office  of  lands  which  were  only 
liable  to  sale  at  another  where  the  proceedings  in  all  other  respects 
were  regular. 

13.  All  bona  fide  entries  on  lands  which  had  been  once  offered, 
but   afterwards   temporarily   withdrawn   from   market,   and   then 
released   from  reservation,  where  such  lands   are  not  rightfully 
claimed  by  others. 

14.  All  bona  fide  entries  at  private  sale,  allowed  at  Mineral 
Point,  Wise.,  and  fully  paid  for,  of  lands  which  were  not  ascertained 
or  reported  to  contain  lead  mineral  until  after  the  date  of  said 
entries,  where  the  land  is  not  rightly  claimed^by  another. 

The  foregoing  regulations  are  not  to  embrace  any  case  where 


293 

the  entry  has  been  canceled  or  desired  by  the  party  or  where  a 
subsequent  entry  of  the  same  land  lias  been  legally  made  by  the 
claimant  himself  or  by  another  person. 

James  L.  Piper, 

Acting  Commissioner  of  the  General   Land  Office. 
We  concur  in  these  rules  and  regulations,  October  3,  1846. 

R.  J.  Walker, 
Secretary  of  the  Treasury. 
J.  Y.  Mason, 
Attorney-General. 

(Rule  15,  having  become  obsolete,  is  omitted.) 
Under  the  Act  of  Congress,  approved  3d  of  March,  1853,  reviv- 
ing and   continuing  in  force  the  Act  of  3d  of  August,   1846,  the 
following  rule  was  established  for  the   government  of  the   Com- 
missioner of  the  General  Land  Office : 

16.  That  all  locations  under  the  Act  of  14th  August,  1848, 
entitled,  "An  Act  in  relation  to  military  land  warrants,"  be  con- 
firmed and  patents  issued  thereon,  where  the  land  located  lies  in  one 
body,  and  the  only  objection  to  the  location  is  that  it  consists, 
technically,  of  more  than  one  legal  subdivision. 

James  Wilson, 

Commissioner. 
We  concur  in  this  rule,  16th  March,  1854. 

R.  McClelland, 
Secretary  of  the  Interior. 
C.  Gushing, 
Attorney-General. 

Department  of  the  Interior, 
General  Land  Office. 

Washington,  D.  C.,  April  25,  1877. 

Sir :  I  have  the  honor  to  submit  herewith,  for  your  concurrence 
and  that  of  the  honorable  Attorney-General,  a  set  of  rules  to  govern 
me  in  submitting  for  confirmation,  under  section  2450  of  the  Revised 
Statutes  of  the  United  States,  entries  suspended  for  various  causes, 
but  which  upon  principles  of  equity  and  justice  should  be  confirmed. 

Authority  to  confirm  suspended  entries  of  the  public  lands  was 
first  vested  in  the  Secretary  of  the  Treasury,  Attorney -General  and 
Commissioner  of  the  General  Land  Office  by  Act  of  Congress  of 
August  3,  1846,  and  revised  and  extended  by  Acts  of  3d  of  March, 
1853,  and  26th  of  June,  1856. 

Under  these  Acts,  from  time  to  time,  sixteen  rules  have  been 
established,  the  last  March  16,  1854.  (See  1  Lester,  Land  Laws, 
482,  title  5.) 

Since  then  the  different  homestead  Acts  have  been  passed  and 

new  classes  of  suspended  -entries  under  the  preemption  laws  have 

.arisen.     I  have  prepared   eleven  new  rules   from  Xos.   17  to  27, 

inclusive.      I   find    that    many    of    the    old    established    rules    are 

obsolete. 

Cases  in  each  of  the  classes  mentioned,  except  class  22,  have 
been  confirmed  under  section  2450  of  the  Revised  Statutes. 

It  is  believed  that  these  classes  will  cover  all  agricultural  entries 
falling  under  general  rules. 

Special  cases   not   covered   by   these  rules,   in  which   equitable 


294 

relief  should  be  afforded,  will  probably  arise.     Such  cases  will  be 
submitted  as  special,  with  letters  of  explanation. 

I  respectfully  request  that  if  you  should  approve  the  accom- 
panying rules  you  will  submit  them  to  the  honorable  Attorney- 
General  for  his  concurrence. 

J.  A.  Williamson, 

Commissioner. 
Hon.  Carl  Schurz, 

Secretary  of  the  Interior. 

Department  of  the  Interior, 
Office  of  the  Secretary. 

Washington,  D.  C.,  May  18,  1877. 

Sir:    I  return  herewith,  approved  by  the  Attorney-General  and 

myself,  the  additional  rules  transmitted  with  your  letter  of  the  25th 

ultimo,  numbered  from  17  to  27,  inclusive,  to  govern  your  office  in 

the  disposal  of  suspended  entries  of  public  lands  under  various  laws. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

C.  Schurz, 

Secretary. 
Hon.  J.  A.  Williamson, 

Commissioner  General  Land  Office. 

ADDITIONAL  RULES. 

Under  section  2450  of  the  Revised  Statutes  of  the  United  States 
the  following  rules,  additional  to  those  established  under  the  Act 
of  August  3,  1846,  are  provided  for  the  government  of  the  Com- 
missioner of  the  General  Land  Office. 

17.  All  entries  where  the  preemption  affidavit  was  taken  before 
an  officer  authorized  to  administer  oaths,  when,  on  account  of  bodily 
infirmity  the  party  cannot  appear  at  the  local  office. 

18.  All  entries  where  the  preemption  affidavit  was  taken  before 
some  officer  other  than  the  Register  or  Receiver,  and  the  preemptor 
died  before  the  defect  could  be  cured. 

19.  All  entries  made  upon  land  appropriated  by  entry  or  selec- 
tion, but  which  entry  or  selection  was  subsequently  cancelled  for 
illegality. 

20.  Preemption  entries  in  which  the  party  has  shown   good 
faith,  but  did  not,  through  ignorance  of  the  law,  declare  his  inten- 
tion to  become  a  citizen  of  the  United  States  until  after  he  made 
his  entry. 

21.  All  entries  based  upon  preemption  proof  where  the  party 
had  failed  to  file   a  declaratory  statement  therefor,   provided  no 
adverse  claim  attached  prior  to  entry. 

22.  All  entries  of  unoffered  land,  based  upon  a  second  declara- 
tory statement,  where  the  same  was  filed  between  June  22,  1874, 
and  June  30,  1875. 

23.  All  preempt!'  n  entries  in  which  the  affidavit  is  defective 
in  not  showing  that  the  party  was  not  the  owner  of  320  acres  of. 
land  in  any  State  or  Territory,  and  had  never  had  the  benefit  of  the 
Act,  the  form  for  which  affidavit  was  furnished  by  the  local  land 
officers. 

24.  All  homestead   entries   in   which,  by  reason  of  ignorance 
of  the  law,  sickness  of  the  party  or  his  family,  the  final  proof  was 


£95 

not  made  within  the  period  prescribed  by  statute,  but  in  other 
respects  the  law  has  been  complied  with. 

25.  All  homestead  entries  in  which  the  party  failed  to  settle 
on  the  land  within  .the  time  required  by  law  by  reason  of  physical 
disability,  and  where  good  faith  is  shown. 

26.  All  homestead  entries  by  mistake  made  in  the  name  of  the 
wrong  party,  but  where  on  final  proof  the  error  may  be  corrected 
without  prejudice  to  another's  right. 

27.  In  all  homestead  entries  where  the  husband  has  deserted 
the  wife  and  children,  if  he  have  any,  who  have  in  good  faith  com- 
plied with  the  homestead  law  by  residence  upon  and  cultivation  of 
the  land  and  final  proof  shall  be  made  with  the  wife,  or  in  case  of 
her  death,  by  her  heirs  or  their  legal  guardians,  such  entry  shall 
be  confirmed,  and  patent  shall  issue  to  the  parties  entitled  thereto. 

J.  Williamson, 

Commissioner  General  Land  Office. 
We  concur  in  the  above  rules,  May  8,  1877. 

C.  Schurz, 

Secretary  of  the  Interior.. 
Chas.  Devens, 
Attorney-General. 

Board  of  Equitable  Adjudication — Amendment  of  Rules — 
Regulations. 

Department  of  the  Interior, 
General  Land  Office. 

Washington,  D.  C.,  October  17,  1910. 

Rules  28,  29,  30,  32  and  33,  for  the  government  of  the  Com- 
missioner of  the  General  Land  Office  in  the  submission  of  entries  to 
the  Board  of  Equitable  Adjudication  under  section  2450,  Revised 
Statutes  of  the  United  States,  adopted  May  12,  1888  (6  L.  D.,  799), 
and  April  24,  1890  (10  L.  D.,  502),  are  hereby  amended  as  follows: 

28.  All  desert  land  entries  made  by  a  duly  qualified  party  under 
the  Act  of  March  3,  1877,  and  the  subsequent  Acts  additional  to 
and  amendatory  of  the  same,  including  all  such  entries  which  have 
been  assigned  to  a  party  duly  qualified  to  be  recognized  as  an 
assignee,  where  the  land  was  properly  subject  to  entry  under  the 
law  and  has  been  reclaimed,  and  one-eighth  of  it  cultivated,  sub- 
stantially as  required  by  said  statutes,  but  where  any  of  the  declara- 
tions, affidavits,  or  proofs  required  under  said  statutes  were  omitted, 
or  are  defective,  and  where,  on  account  of  the  death  or  absence  of 
claimant,  or  his  assignors,  the  missing  papers  cannot  be  supplied, 
or  the  defective  papers  amended,  and  where  there '  is  no  adverse 
claim. 

29.  All  desert  land  entries  in  which  the  final  proof  and  pay- 
ment were  nojt  made  within  four  years  from  the  date  of  entry,  or 
within  such  additional  period  as  may  have  been  granted  in  the 
particular  case  in  pursuance  of  statutory  provisions,  but  in  which 
the  entryman   (and  the  assignee,  if  the  entry  has  been  assigned), 
were  duly  qualified,  the  land  properly  subject  to  entry  under  the 
statutes,  and  subsequently  reclaimed  and  one-eighth  of  it  cultivated 
in  due  time,  according  to  their  requirements,  in  which  the  failure 
to  make  final  proof  or  payment  in  due  time  is  satisfactorily  explained 
as  being  the  result  of  ignorance,  accident  or  mistake,   or  other 


296 

sufficient  reason  not  indicating  bad  faith,  and  in  which  there  is  no 
adverse  claim. 

30.  All  desert  land  entries  in  which  the  claimant  has  failed  to 
reclaim  or  to  cultivate  the  land  and  to  make  final  proof  and  pay- 
ment, as  required  by  the  statutes,  within  four  years  from  date  of 
entry,  or  within  such  additional  time  as  may  have  been  granted 
him,  or  to  which  he  may  have  been  entitled,  under  the  statutes,  but 
where  the  entryman  (and  assignee,  if  the  entry  has  been  assigned), 
were  duly  qualified,  the  land  properly  subject  to  entry  under  the 
statutes,  and  actual  compliance  with  the  legal  requirements  as  to 
reclamation,  cultivation,  acquisition  of  water  rights,  and  citizen- 
ship of  claimant  is  satisfactorily  established  by  the  final  proof,  and 
the  failure  to  reclaim  the  land  and  to  cultivate  one-eighth  of  it  in 
time  is  satisfactorily  explained  as  being  the  result  of  ignorance, 
accident  or  mistake,  or  of  obstacles  which  the  claimant  could  not 
control,  and  where  there  is  no  adverse  claim. 

Sec.  31,  as  amended  by  circular  of  April  10th,  1890  (10  L.  D., 
P.  503),  reads  as  follows: 

All  preemption,  homestead,  commutation  of  homestead,  and 
timber-culture  entries,  in  which  final  proof  has  been  made,  and  in 
which  compliance  with  one  or  more  legal  requirements  with  refer- 
ence to  the  final  proof  notice  or  in  other  respects,  does  not  appear 
in  the  papers,  because  of  the  neglect  or  inattention  of  the  district 
land  officers,  in  allowing  the  final  proof  and  payment  to  be  made 
notwithstanding  such  defect,  but  where  in  fact  notice  was  given 
and  in  which  no  adverse  claim  appears,  and  the  existing  testimony 
shows  a  substantial,  bona  fide  compliance  with  the  law  as  to  resi- 
dence and  improvement  in  preemption,  homestead,  and  commuta- 
tion of  homestead  entries,  or  as  to  the  required  planting,  cultivat- 
ing and  protecting  of  the  timber,  in  timber-culture  entries,  or 
where  such  facts  were  satisfactorily  shown  to  the  district  land  offi- 
cers by  proof  which  was  lost  in  transmission  to  the  General  Land 
Office,  and  cannot  now  be  renewed  by  reason  of  the  death  of  wit- 
nesses or  other  cause. 

32.  All  homestead,  timber  and  stone,  and  timber-culture  entries 
in  which  the  party  has  shown  good  faith,  and  a  substantial  com- 
pliance with  the  legal  requirements  of  residence  and  cultivation 
of  the  land,  in  homestead  entries,  or  the  required  planting,  culti- 
vating and  protecting  'of  the  timber  in  timber-culture  entries,  but 
in  which  the  party  did  not,  through  ignorance  of  the  law,  or  other 
sufficient  reason  not  indicating  bad  faith,  declare  his  intention  of 
becoming  a  citizen  of  the  United  States  until  after  he  had  made  his 
entry,  or,  in  homestead  entries,  did  not  from  like  cause  perfect 
citizenship  until  after  the  making  of  final  proof,  and  in  which  there 
is  no  adverse  claim. 

33.  All  homestead  and   timber-culture   entries  in  which   good 
faith  appears,  and  a  substantial  compliance  with  law,  and  in  which 
there  is  no  adverse  claim,  but  in  which  full  compliance  with  law 
was  not  effected,  or  final  proof  made,  within  the  period  prescribed 
by  statute,  and  in  which  such  failure  was  caused  by  any  sufficient 
reason  not  indicating  bad  faith. 

An  additional  rule  is  established  as  follows : 

Rule  34.  All  homestead  entries  in  which  the  final  affidavit  and 
proof  testimony  of  claimant,  and  all  desert  land  entries  in  which 


297 

the  claimant's  deposition  or  any  affidavit  required  of  him  as  a  part 
of  the  final  proof  is  taken  at  his  residence  or  outside  of  the  county 
or  land  district  in  which  the  land  is  situated,  on  account  of  illness, 
or  in  which,  in  case  of  the  death  of  the  entryman,  the  heirs  com- 
petent to  make  proof  arc  prevented  by  great  distance  or  the  lack  of 
means  from  appearing  before  a  proper  officer  within  such  county  or 
land  district  to  give  their  testimony,  and  in  which  compliance  with 
law  in  other  respects  is  shown,  and  all  entries  of  isolated  tracts  sold 
at  public  sale  under  Sec.  2455,  R:  S.,  as  amended,  wherein  com- 
pliance with  one  or  more  legal  requirements  with  reference  to  the 
published  notice  does  not  appear  in  the  papers,  because  of  the  neg- 
lect or  inattention  of  the  district  land  officers  in  allowing  the  sale 
to  be  made  notwithstanding  such  defect,  but  where,  in  fact,  notice 
was  given  and  no  adverse  claim  appears. 

Fred  Dennett, 

Commissioner  of  the  General  Land  Office. 
We  concur  in  the  rules  as  amended  and  in  the  additional  rule. 

Jesse  E.  Wilson, 

Acting  Secretary  of  the  Interior. 
Geo.  W.  Wickersham, 

Attorney-General. 

FEES  AND   COMMISSIONS— REGISTERS  AND  RECEIVERS. 

[Circular.] 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  May  20,  1905. 

To  Eegisters  and  Receivers  of  United  States  Land  Offices  in  Arizona,  California, 
Colorado,  Idaho,  Montana,  Nevada,  New  Mexico,  Oregon,  Utah,  Washing- 
ton, and  Wyoming. 

Gentlemen:  The  following  are  the  fees  and  commissions  allowed  by  law 
in  full  for  all  services  rendered  by  registers  and  receivers  in  your  respective 
land  districts: 

Declaratory  Statements. 

Preemption  declaratory  statement $  3.00 

Soldiers'  and  sailors'  homestead  declaratory  statement 3.00 

Coal  land  declaratory  statement 3.00 

Reservoir  declaratory  statement  (Act  January  13,  1897) 3.00 

Mineral  Applications  and  Adverse  Claims. 

For  filing  and  acting  upon  each  application  for  a  patent $10.00 

For  filing  and  acting  upon  each  adverse  claim 10.00 

Timber  and  Stone  Land  Applications. 
For  filing  and  acting  upon  each  application  to  purchase  timber  or  stone 

lands,  to  be  paid  only  when  the  entry  is  allowed $10.00 

Homestead  Entries,  Original  Entry  Fees  and  Commissions,  Payable  Wlien  Appli- 
cation Is  Made. 

For  160  acres,  at  $1.25  per  acre:  Fee,  $10.00;  commissions,  $  6.00;  total,  $16.00 

For    80  acres,  at  $1.25  per  acre:  Fee,       5.00;  commissions,      3.00;  total,       8.00 

For    40  acres,  at  $1.25  per  acre:  Fee,      5.00;  commissions,       1.50;  total,      6.50 

For  160  acres,  at     2.50  per  acre:  Fee,     10.00;  commissions,     12.00;  total,     22.00 

For     80  acres,  at    2.50  per  acre:  Fee,      5.00;  commissions,       6.00;  total,     11.00 

For    40  acres,  at     2.50  per  acre:  Fee,       5.00;  commissions,       3.00;  total,       8.00 

Final  Homestead   Commissions    (No  Fees),   Payable   When   Certificate  Issues. 

For  160  acres,  at  $1.25  per  acre $  6.00 

For     80  acres,  at     1.25  per  acre 3.00 

For     40  acres,  at     1.25  per  acre 1.50 

For  160  acres,  at     2.50  per  acre 12.00 

For     80  acres,  at     2.50  per  acre 6.00 


298 

For    40  acres,  at     2.50  per  acre 3.00 

(The  commissions  payable  on  a  homestead  entry  of  160  acres  or  less  must 
be  computed  at  the  rate  of  3  per  centum  strictly  on  the  cash  value  of  the  land 
applied  for,  except  where  a  different  basis  for  such  computation  is  fixed  by 
statute  in  particular  cases.) 

Final  Timber-Culture  Commissions  (No  Fees),  Payable  When  Certificate  Issues. 

For  each  final  entry,  irrespective  of  area  or  price $  4.00 

(There  is  no  distinction  between  minimum  and  double  minimum  lands  in 
timber-culture  entries.) 

Donation  Claims. 

For  each  final  certificate  for  160  acres $  5.00 

For  each  final  certificate  for  320  acres 10.00 

For  each  final  certificate  for  640  acres 15.00 

Note. — For  charges  to  be  made  by  officers  preparing  and  acknowledging 
papers  see  "Title  Commissioners."  See  Sec.  2294,  Review  Statutes,  page  446. 

Military  Bounty  Land  Warrants. 

For  locating  a  160  acre  warrant $  4.00 

For  locating  a  120  acre  warrant 3.00 

For  locating  an  80  acre  warrant 2.00 

For  locating  a     60  acre  warrant 1.50 

For  locating  a     40  acre  warrant 1.00 

(No  fees  are  chargeable  on  warrants  issued  prior  to  February  11,  1847.) 
(Revolutionary  bounty  land  scrip  is  received  and  accounted  for  as   cash, 
and  no  fee  is  chargeable  to  parties  presenting  such  scrip. 

Porterfield  Warrants  (Act  of  April  11,  1860). 

For  locating  these  warrants  the  same  fees  are  chargeable  as  are  allowed 
for  military  bounty  land  warrants. 

Cash  Entries. 

The  commissions  of  registers  and  receivers  on  cash  sales  of  the  public 
lands  are  paid  by  the  United  States,  and  no  fees  or  commissions  on  such  sales 
are  chargeable  to  the  purchasers,  except  in  cases  of  homestead  entries  on  ceded 
Indian  reservations  affected  by  the  Act  of  May  17,  1900  (31  Stat.,  179),  and 
commuted  under  the  provisions  of  the  Act  of  January  26,  1901  (31  Stat.,  740), 
in  which  cases  the  entryman  is  required  to  pay  a  commission  of  3  per  centum 
on  the  cash  price  of  the  land  (31  L.  D.,  106). 

State  Selections. 

For  each  final  location   of  160   acres    (or   fraction   thereof)    under   any 

grant  of  Congress  to  States  (except  for  agricultural  colleges) $  2.00 

No  fees  are  chargeable  on  State  swamp-land  selections,  but  a  fee  of  $2.00 

is  to  be  collected  on  each  location  of  160  acres,  or  fraction  thereof,  made  with 

swamp-land  indemnity  certificates. 

For  method  of  computing  fees,  see  "Railroad  and  Other  Selections." 

Railroad  and  Other  Selections. 

For  each  final  location  of  160  acres  (or  fraction  thereof)  by  railroad  or 

other  corporations $  2.00 

(In  computing  the  amount  of  fees  payable  on  a  list  of  State  or  railroad 

selections,  the  receiver  will  divide  the  total  area  by  160;  the  quotient  will  be 

the  number  of  160-acre  selections  on  which  a  fee  of  $2.00  each  is  chargeable. 

Should  the  quotient  consist  of  a  fraction  over  a  whole  number,  the  legal  fee 

of  $2.00  will  be  collected  for  such  fraction). 

Agricultural  College  Scrip. 

For  each  piece  of  agricultural  college  scrip  located $  4.00 

Private  Land  Scrip,  Valentine  Scrip. 

For  each  piece  of  scrip  filed  on  unsurveyed  lands $  1.00 

For  each  location  of  scrip 1.00 

Supreme  Court  Scrip. 

No  fees  or  commissions  are  allowed  on  the  location  of  supreme  court  scrip, 
nor  on  the  location  of  Indian  scrip  or  other  private  land  scrip,  except  as  spe- 
cially provided  for  by  law  or  instructions. 


299 

Reducing  Testimony  to  Writing. 

Fees  for  reducing  testimony  to  writing  are  allowed  at  the  rate  of 
cents  for  each  100  words  in  the  following  cases  only: 

1.  In  making  final  proof  in  preemption  cases. 

2.  In  making  final  proof  in  commuted  and  noncommuted  homestead  and 
timber-culture  cases. 

3.  In  establishing  claims  to  mineral  lands. 

4.  In  establishing  claims  to  timber  and  stone  lands. 

5.  In  hearings  before  registers  and  receivers  in  contested  cases. 

6.  The  same  fees  are  also  payable  to  registers  and  receivers  for  examining 
and   approving   final-proof   testimony  taken  in   homestead   and   timber-culture 
cases  in  which  the  proof  has  been  taken  before  some  other  officer  authorized  by 
law  to  take  testimony  in  such  cases. 

No  testimony  fees  are  chargeable  by  registers  and  receivers  for  taking  final 
proofs  in  desert-land  entries. 

No  fees  are  allowed  for  reducing  testimony  to  writing  in  any  case  where 
the  writing  is  not  done  by  the  register  or  receiver,  or  by  the  employees  in  their 
office.  In  computing  the  fees  for  reducing  testimony  to  writing,  only  tfie 
words  actually  written  must  be  charged  for  at  the  rate  allowed  by  paragraphs 
10,  11,  and  12,  of  section  2238,  R.  S.,  and  no  charge  is  to  be  made  for  the 
printed  words.  The  words  written  must  be  actually  counted  and  charged  for, 
and  there  can  be  no  uniform  fee  of  a  specified  sum  applicable  to  every  case  of 
the  same  class  of  entries;  that  is,  registers  and  receivers  cannot  fix  the  fee  at 
$1.00  or  any  other  sum  for  each  preemption,  final  homestead,  mineral  or  other 
entry. 

Transcripts  from  Eecords. 

Eegisters  and  receivers  are  entitled  to  charge  at  the  rate  of  10  cents  per 
hundred  words  for  making  transcripts  of  their  records  for  individuals  (Act  of 
Congress  of  March  22,  1904). 

Record  Information. 

Eegisters  and  receivers  for  any  consolidated  land  district  are  entitled  to 
charge  and  receive  for  any  record  information  respecting  public  lands  or  land 
titles  in  their  consolidated  land  district  such  fees  as  are  properly  authorized 
by  the  tariff  existing  in  the  local  courts  of  such  district  (Sec.  2239,  B.  S.). 

(Consolidated  districts  are  those  districts  into  which  one  or  more  pre- 
viously existing  districts  have  been  merged.) 

Plats  and  Diagrams. 

Eegisters  and  receirers  of  all  districts  are  also  authorized  to  furnish  plats, 
diagrams,  etc. 

Under  the  second  section  of  the  Act  of  March  3,  1883,  authorizing  a  charge 
to  be  made  for  plats,  diagrams,  etc.,  the  fees  for  the  same  are  hereby  fixed  as 
follows: 

For  a  diagram  showing  entries  only $  1.00 

For  a  township  plat  showing  entries,  names  of  claimants,  and  character  of 

entry 2.00 

For  a  township  plat  showing  entries,  names  of  claimants,  character  of 

entry  and  number 3.00 

For  a  township  plat  showing  entries,  names  of  claimants,  character  of 

entry,  number  and  date  of  filing  or  entry,  together  with  topography, 

etc 4.00 

The  plat  or  diagram  must  be  of  standard  size  (Form  4-590b)  and  it  must 
be  a  correct  and  complete  delineation  of  the  particular  township.  There  is  no 
legal  authority  under  said  statute  for  registers  and  receivers  to  furnish  a  plat 
of  a  section  or  subdivision,  or  any  other  fraction  of  a  township,  and  to  charge 
or  receive  therefor  a  proportionate  part  of  the  authorized  fee. 

For  lists  of  lands  sold,  furnished  State  or  Territorial  authorities  for  the 
purpose  of  taxation,  compensation  for  the  same  at  the  rate  of  10  cents 
per  entry. 

Cancellation  Notices. 

For  giving  notices  to  contestants  of  the  cancellation  of  any  preemption, 

homestead,  or  timber-culture  entry $  1.09 

No  fees,  commissions,  or  rewards  are  required  or  allowed  to  be  paid  at 
United  States  Land  Offices  for  extra  services  of  any  character  whatever;  and 
registers  and  receivers  are  absolutely  prohibited  by  law  from  charging  or 
receiving,  directly  or  indirectly,  any  fee  or  compensation  not  expressly  author- 


300 

ized  by  law,  or  for  any  service  not  imposed  upon  them  by  law,  or  a  greater 
fee  for  compensation  in  any  case  than  specifically  allowed  by  law.  Officers 
charging  or  receiving  illegal  fees,  compensation  or  gratuity  are  subject  to  sum- 
mary dismissal  from  office,  in  addition  to  the  penalties  provided  in  title 
"Crimes,"  chapter  "Official  Misconduct,"  United  States  Eevised  Statutes. 
Illegal  fees  received  by  clerks,  employees  or  agents  are  received  by  the  land 
officers  within  the  meaning  and  prohibitions  of  the  law,  and  registers  and 
receivers  will  be  held  personally  and  officially  responsible  therefor. 

W.  A.  Richards,  Commissioner. 
Approved  May  20,  1905: 

E.  A.  Hitchcock,  Secretary. 

[Circular.] 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  May  20,  1905. 

To  Registers  and  Receivers  of  United  States  Land  Offices  in  Alabama,  Arkan- 
sas, Florida,  Iowa,  Kansas,  Louisiana,  Michigan,  Minnesota,  Mississippi, 
Missouri,  Nebraska,  North  Dakota,  Oklahoma,  South  Dakota,  and  Wis- 
consin. 

Gentlemen:  The  following  are  the  fees  and  commissions  allowed  by  law 
in  full  for  all  services  rendered  by  registers  and  receivers  in  your  respective 
land  districts: 

Declaratory  Statements. 

Preemption   declaratory  statement $  2.00 

Soldiers'  and  sailors'  homestead  declaratory  statement 2.00 

Coal  land  declaratory  statement 2.00 

Reservoir  declaratory  statement  (Act  January  13,  1897) 2.00 

Mineral  Applications  and  Adverse  Claims. 

For  filing  and  acting  upon  each  application  for  a  patent $10.00 

For  filing  and  acting  upon  each  adverse  claim 10.00 

Timber  and  Stone  Land  Applications. 
For  filing  and  acting  upon  each  application  to  purchase  timber  or  stone 

lands,  to  be  paid  only  when  the  entry  is  allowed $10.00 

Homestead  Entries,  Original  Entry  Fees  and  Commissions,  Payable  When  Appli- 
cation Is  Made. 

$4.00;  total,  $14.00 
2.00;  total,       7.00 

For  160  acres,  at  2.50  per  acre:  Fee,  10.00;  commissions,  8.00;  total,  18.00 
For  80  acres,  at  2.50  per  acre:  Fee,  5.00;  commissions,  4.00;  total,  9.00 
For  40  acres,  at  2.50  per  acre:  Fee,  5.00;  commissions,  2.00;  total,  7.00 

Final  Homestead  Commissions  (No  Fees),  Payable  When  Certificate  Issues. 

For  160  acres,  at  $1.25  per  acre $  4.00 

For     80  acres,  at     1.25  per  acre 2.00 

For    40  acres,  at     1.25  per  acre -. 1.00 

For  160  acres,  at     2.50  per  acre 8.00 

For    80  acres,  at     2.50  per  acre 4.00 

For    40  acres,  at     2.50  per  acre 2.00 

(The  commissions  payable  on  a  homestead  entry  of  160  acres  or  less  must 
be  computed  at  the  rate  of  2  per  centum  strictly  on  the  cash  value  of  the  land 
applied  for,  except  where  a  different  basis  for  such  computation  is  fixed  by 
statute  in  particular  cases.) 

Final  Timber-Culture  Commissions  (No  Fees),  Payable  When  Certificate  Issues. 

For  each  final  entry,  irrespective  of  area  or  price $  4.00 

(There  is  no  distinction  between  minimum  and  double-minimum  lands  in 
timber-culture  entries.) 

Military  Bounty  Land  Warrants. 

For  locating  a  160-acre  warrant $  4.00 

For  locating  a  120-acre  warrant 3.00 

For  locating  am  80-acre  warrant 2.00 

For  locating  a     60-acre  warrant 1.50 

For  locating  a     40-acre  warrant 1.00 


301 

(Xo  fees  are  chargeable  on  warrants  issued  prior  to  February  11,  1847.) 
(Revolutionary  bounty  land   scrip  is  received   and  accounted   for  as  cash, 
and  no  fee  is  chargeable  to  parties  presenting  such  scrip.) 

Porterfield  Warrants  (Act  of  April  11,  1860). 

For  locating  these  warrants  the  same  fees  are  chargeable  as  are  allowed 
for  military  bounty  land  warrants. 

Cash  Entries. 

The  commissions  of  registers  and  receivers  on  cash  sales  of  the  public 
lands  are  paid  by  the  United  States,  and  no  fees  or  commissions  on  such  sales 
are  chargeable  to  the  purchasers,  except  in  cases  of  homestead  entries  on  ceded 
Indian  reservations  affected  by  the  Act  of  May  17,  1900  (31  Stat.,  179),  and 
commuted  under  the  provisions  of  the  Act  of  January  26,  1901  (31  Stat.,  740),* 
in  which  cases  the  entryman  is  required  to  pay  a  commission  of  2  per  centum 
on  the  cash  price  of  the  land  (31  L.  D.,  106). 

State  Selections. 

For  each  final  location  of  160  acres  (or  fraction  thereof)  under  any  grant 

of  Congress  to  States  (except  for  agricultural  colleges) $  2.00 

No  fees  are  chargeable  on  State  swamp-land  selections,  but  a  fee  of  $2.00 

is  to  be  collected  on  each  location  of  160  acres,  or  fraction  thereof,  made  with 

swamp-land  indemnity  certificates. 

For  method  of  computing  fees,  see  "Railroad  and  Other  Selections." 

Railroad,  and  Other  Selections. 

For  each  final  location  of  160  acres  (or  fraction  thereof)  by  railroads  or 

other  corporations $  2.00 

(In  computing  the  amount  of  fees  payable  on  a  list  of  State  or  railroad 

selections,  the  receiver  will  divide  the  total  area  by  160;  the  quotient  will  be 

the  number  of  160-acre  selections  on  which  a  fee  of  $2.00  each  is  chargeable. 

Should  the  quotient  consist  of  a  fraction  over  a  whole  number,  the  legal  fee 

of  $2.00  will  be  collected  for  such  fraction). 

Agricultural  College  Scrip. 

For  each  piece  of  agricultural  college  scrip  located $  4.00 

Private  Land  Scrip,  Valentine  Scrip. 

For  each  piece  of  scrip  filed  on  unsurveyed  lands $  1.00 

For  each  location  of  scrip 1.00 

Supreme  Court  Scrip. 

No  fees  or  commissions  are  allowed  on  the  location  of  supreme  court  scrip, 
nor  on  the  location  of  Indian  scrip  or  other  private  land  scrip,  except  as  spe- 
cially provided  for  by  law  and  instructions. 

Reducing  Testimony  to  Writing. 

Fees  for  reducing  testimony  to  writing  are  allowed  at  the  rate  of  15  cents 
for  each  100  words  in  the  following  cases  only: 

1.  In  making  final  proof  in  preemption  cases. 

2.  In  making  final  proof  in  commuted  and  noncommuted  homestead  and 
timber-culture  cases. 

3.  In  establishing  claims  to  mineral  lands. 

4.  In  establishing  claims  to  timber  and  stone  lands. 

5.  In  hearings  before  registers  and  receivers  in  contested  cases. 

6.  The  same  fees  are  also  payable  to  registers  and  receivers  for  examining 
and   approving  final-proof   testimony   taken   in    homestead    and    timber-culture 
cases  in  which  the  proof  has  been  taken  before  some  other  officer  authorized 
by  law  to  take  testimony  in  such  cases. 

No  testimony  fees  are  chargeable  by  registers  and  receivers  for  taking 
final  proofs  in  desert-land  entries. 

No  fees  are  allowed  for  reducing  testimony  to  writing  in  any  case  where 
the  writing  is  not  done  by  the  register  or  receiver,  or  by  the  employees  in 
their  office.  In  computing  the  fees  for  reducing  testimony  to  writing,  only  tho 
words  actually  written  must  be  charged  for  at  the  rate  allowed  by  paragraphs 
10  and  11  of  section  2238,  R.  S.,  and  no  charge  is  to  be  made  for  the  printed 
words.  The  words  written  must  be  actually  counted  and  charged  for,  and  there 
can  be  no  uniform  fee  of  a  specified  sum  applicable  to  every  case  of  the  same 


302 

class  of  entries;  that  is,  registers  and  receivers  cannot  fix  the  fee  at  $1.00  or 
any  other  sum  for  each  preemption,  final  homestead,  mineral  or  other  entry. 

Transcript  from  Record. 

Registers  and  receivers  are  entitled  to  charge  at  the  rate  of  10  cents  per 
hundred  words  for  making  transcripts  of  their  records  for  individuals  (Act  of 
Congress  of  March  22,  1904). 

Record  Information. 

Registers  and  receivers  for  any  consolidated  land  district  are  entitled  to 
charge  and  receive  for  any  record  information  respecting  public  lands  or  land 
titles  in  their  consolidated  land  district  such  fees  as  are  properly  authorized  by 
the  tariff  existing  in  the  local  courts  of  such  district  (Sec.  2239,  R.  S.). 

Consolidated    districts   are    those    districts   into   which    one    or   more    pre- 
•viously  existing  districts  have  been  merged. 

Plats  and  Diagrams. 

Registers  and  receivers  of  all  districts  are  also  authorized  to  furnish  plats, 
diagrams,  etc. 

Under  the  second  section  of  the  Act  of  March  3,  1883,  authorizing  a  charge 
to  be  made  for  plats,  diagrams,  etc.,  the  fees  for  the  same  are  hereby  fixed 
as  follows: 

For  a  diagram  showing  entries  only $  1.00 

For  a  township  plat  showing  entries,  names  of  claimants,  and  character  of 

entry 2.00 

For  a  township  plat  showing  entries,  names  of  claimants,  character  of 

entry,  and  number 3.00 

For  a  township  plat  showing  entries,  names  of  claimants,  character  of 

entry,  number  and  date  of  filing  of  entry,  together  with  topography, 

etc 4.00 

The  plat  or  diagram  must  be  of  standard  size  (Form  4-590b),  and  it  must 
be  a  correct  and  complete  delineation  of  the  particular  township.  There  is  no 
legal  authority  under  said  statute  for  registers  and  receivers  to  furnish  a  plat 
of  a  section  or  subdivision,  or  any  other  fraction  of  a  township,  and  to 
charge  or  receive  therefor  a  proportionate  part  of  the  authorized  fee.  For  lists 
of  lands  sold,  furnished  State  or  Territorial  authorities  for  the  purpose  of  taxa- 
tion, compensation  at  the  same  rate  of  10  cents  per  entry. 

Cancellation  Notices. 

For  giving  notices  to  contestants   of  the   cancellation  of  any  preemp- 
tion, homestead,  or  timber-culture  entry $  1.00 

No  fees,  commissions,  or  rewards  are  required  or  allowed  to  be  paid  at 
United  States  Land  Offices  for  extra  services  of  any  character  whatever;  and 
registers  and  receivers  are  absolutely  prohibited  by  law  from  charging  or 
receiving,  directly  or  indirectly,  any  fee  or  compensation  not  expressly  author- 
ized by  law,  or  for  any  service  not  imposed  upon  them  by  law,  or  a  greater 
fee  or  compensation  in  any  case  than  specifically  allowed  by  law.  Officers 
charging  or  receiving  illegal  fees,  compensation,  or  gratuity  are  subject  to 
summary  dismissal  from  office,  in  addition  to  the  penalties  provided  in  title 
"Crimes,"  chapter  "Official  Misconduct,"  United  States  Revised  Statutes. 
Illegal  fees  received  by  clerks,  employees,  or  agents  are  received  by  the  land 
officers  within  the  meaning  and  prohibitions  of  the  law,  and  registers  and 
receivers  will  be  held  personally  and  officially  responsible  therefor. 

W.  A.  Richards,  Commissioner. 
Approved  May  20,  1905: 

E.  A.  Hitchcock,  Secretary. 

Note. — For  charges  to  be  made  by  person  taking  acknowledgements,  see 
page  446. 

FEES  OF  LOCAL  OFFICERS  FOR  REDUCING  TESTIMONY  TO  WRITING. 

Instructions. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  June  5,  1908. 
Registers  and  Receivers, 

United  States  Land  Offices. 

Gentlemen:  Your  attention  is  directed  to  section  14  of  the  Act  of  Con- 
gress, approved  May  29,  1908  (Public— No.  160),  as  follows: 


Sec.  14.  That  subdivision  ten  of  section  twenty-two  hundred  and  thirty- 
eight  of  the  Revised  Statutes  of  the  United  States  be,  and  the  same  is  hereby 
amended  so  as  to  read  as  follows: 

' '  Tenth.  Registers  and  receivers  are  allowed  jointly  at  the  rate  of  fifteen 
cents  per  hundred  words  for  testimony  reduced  by  them  to  writing  for  claim- 
ant in  establishing  preemption,  desert  land,  and  homestead  rights." 

So  much  of  office  circulars  of  May  20,  1905  (33  L.  D.,  629  and  633),  as 
conflicts  with  the  foregoing  is  hereby  revoked. 

Very  respectfully, 

Fred  Dennett,  Commissioner. 
Approved: 

Frank  Pierce,  Acting  Secretary. 

FEES  FOE  CAEBON  COPIES  OF  TESTIMONY  IN  CONTEST  CASES. 

Instructions. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  May  28,  1910. 
Registers  and  Receivers, 

United  States  Land  Offices. 

Sirs:  When  the  reducing  of  testimony  to  writing  in  a  contest  case  is 
done  by  regularly  appointed  employees  of  your  office,  carbon  copies  may  be 
furnished  at  the  rate  of  5  cents  per  page,  irrespective  of  the  number  of  words 
or  figures  thereon. 

If  the  testimony  is  reduced  to  writing  by  a  clerk  employed  under  authority 
of  the  circular  of  February  15,  1909  (37  L.  D.,  448),  such  clerk  will  be  allowed 
to  make  a  charge  of  not  exceeding  5  cents  per  page  for  each  carbon  copy,  to 
be  collected  by  him  from  the  party  to  whom  the  same  is  furnished. 

Very  respectfully, 

Fred  Dennett. 
Approved : 

R.  A.  Ballinger,  Secretary. 

[In  Reply  Please  Refer  to  Circular  No.  80.] 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  February  2,  1912. 

HOMESTEAD  FEES. 

Registers  and  Receivers, 

United  States  Land  Offices. 

Sirs:  Your  attention  is  called  to  departmental  decision  in  the  case  of 
Sorli  vs.  Berg  (40  L.  D.,  259),  which  enforces  section  2289,  R.  S.,  forbidding 
homestead  entries  by  any  person  who  is  the  proprietor  of  more  than  160  acres, 
even  though  the  excess  be  less  than  one  acre.  It  follows  that  the  same  con- 
struction will,  when  applied  to  section  2290,  R.  S.,  overrule  the  departmental 
decision  in  the  case  of  Alcide  Guidney  (8  Copp's  Land  Owner,  157),  which 
formed  the  basis  of  the  present  rule  for  the  collection  of  a  fee  of  only  $5 
where  the  application  embraced  less  than  81  acres.  This  new  rule  will  require 
the  payment  of  a  fee  of  $10  under  all  applications  for  all  homestead  entries 
which  embrace  more  than  80  acres,  and  you  are,  therefore,  directed  to  require 
payments  accordingly  under  all  applications  hereafter  presented. 

Very  respectfully, 

Fred  Dennett,  Commissioner. 
Approved  February  2,  1912: 

Samuel  Adams,  First  Assistant  Secretary. 

[Circular  No.  125.] 
ENACTMENT  OF  THREE-YEAR  HOMESTEAD  LAW. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  June  10,  1912. 

Sir:  There  is  printed  below  a  copy  of  an  Act  passed  by  Con- 
gress and  signed  by  the  President  on  June  6,  1912,  amending  sec- 
tions 2291  and  2297  of  the  Revised  Statutes  of  the  United  States 


304 

relating  to  homesteads  and  homestead  entries.  I  call  your  particu- 
lar attention  to  the  last  proviso  to  section  2291,  reading  as  follows: 
Provided,  That  the  Secretary  of  the  Interior  shall,  within  sixty  days  after 
the  passage  of  this  Act,  send  a  copy  of  the  same  to  each  homestead  entryman 
of  reecord  who  may  be  effected  thereby  by  ordinary  mail  to  his  last  known 
address,  and  any  such  entryman  may,  by  giving  notice  within  one  hundred  and 
twenty  days  after  the  passage  of  this  Act,  by  registered  letter  to  the  register 
and  receiver  of  the  local  land  office,  elect  to  make  proof  upon  his  entry  under 
the  law  under  which  the  same  was  made  without  regard  to  the  provisions  of 
this  Act. 

If  you  wish  to  elect  to  make  proof  upon  your  entry  under  the 
law  under  which  the  same  was  made,  you  must  give  notice  thereof 
within  120  days  after  June  6,  1912,  to  the  Register  and  Receiver 
of  the  local  land  office.  This  notice  must  be  sent  by  registered  maiL 
and  may  not  be  sent  in  any  other  way.  If,  in  your  case,  you  desire 
to  make  proof  under  the  law  under  which  you  made  your  entry, 
there  is,  for  your  convenience,  inclosed  herewith  a  printed  notice 
of  election,  which  you  may  fill  out  and  use  for  that  purpose. 

Unless  you  elect  in  the  manner  and  form  and  within  the  time 
above  stated  your  entry  will,  without  notice  become  subject  to  the 
provisions  of  said  act  of  June  6,  1912;  and  in  reaching  a  decision 
as  to  which  course  you  prefer  you  should  first  carefully  examine  the 
provisions  and  requirements  of  the  new  act  printed  herewith. 
Very  respectfully, 

FRED  DENNETT, 

Commisisoner. 
Approved : 

WALTER  L.  FISHER, 

Secretary. 

Note. — For  form  of  election  see  page  — .  For  copy  of  Act  mentioned  above 
see  page  — .  For  forms  of  notice  of  beginning  and  termination  of  leave  of 
absence  see  page  — . 

ELECTION    TO    MAKE    PROOF   UNDER    LAW    UNDER    WHICH    ENTRY 

WAS  MADE. 

Act  of  June  6,  1912  (Public,  No.  179). 


( Place. ) 


(Date.) 
Register  and  Receiver, 

United  States  Land  Office, 


(Place.) 

Sirs:  On I  made  Homestead  Entry  No. ,  for 

Sec. ,  T.  ,  R. ,  -  -  Meridian. 

Under  the  privilege  allowed  by  section  2291,  U.  S.  R.  S.,  as  amended  by 
the  Act  of  June  6,  1912  (Public,  No.  179),  I  hereby  give  notice  that  I  elect  to 
make  proof  on  said  entry  under  the  law  under  which  the  same  was  made. 

My  post-office  address  is  

(Sign  name  in  full.) 
[Circular  No.  142.] 

THE  THREE- YEAR  HOMESTEAD  LAW. 

Department  of  the  Interior, 

Washington,  July  15,  1912. 
The  Commissioner  of  the  General  Land  Office. 

Sir:  Questions  having  arisen,  through  correspondence  and  other- 
wise, as  to  the  construction  to  be  given  the  several  provisions  of  the 


305 

now  homestead  law  of  June  6,  1912  (Public,  No.  179),  I  have 
thought  it  advisable  at  this  time  to  give  the  following  general  out- 
line of  my  understanding  of  this  Act  as  affecting  entries  made 
prior  to  its  passage,  as  well  as  those  made  thereafter;  also  to  pre- 
scribe an  order  of  procedure  to  be  respected  in  matter  of  applica- 
tions for  reduction  of  the  required  area  of  cultivation  and  to  pro- 
mulgate a  rule  prescribing  the  amount  of  cultivation  to  be  required 
respecting  entries  made  prior  to,  but  which  are  to  be  adjudicated 
under,  the  new  law : 

RESIDENCE. 

(1)  By  the  Act  of  June  6,  1912  (Public,  No.  179),  the  period  of 
residence  necessary  to  be  shown  in  order  to  entitle  a  person  to 
patent  under  the  homestead  laws  is  reduced  from  five  to  three  years, 
and  the  period  within  which  a  homestead  entry  may  be  completed 
is  reduced  from  seven  to  five  years.    The  three-year  period  of  resi- 
dence, however,  is  fixed  not  from  the  date  of  the  entry  but  "from 
the  time  of  establishing  actual  permanent  residence  upon  the  land." 
It  follows,  as  a  consequence,  that  credit  can  not  be  given  for  con- 
structive residence  for  the  period  that  may  elapse  between  the  date 
of  the  entry  and  that  of  establishing  actual  permanent  residence 
upon  the  land. 

(2)  Honorably  discharged  soldiers  and  sailors  of  the  War  of 
the  Rebellion  and  also  of  the  Spanish  War  and  the  suppression  of 
the  insurrection  in  the  Philippines,  entitled  to  claim  credit  under 
their  homestead  entries  for  the  period  of  their  military  service,  may 
do  so  after  they  have  "resided  upon,  improved,  and  cultivated  the 
land  for  a  period  of  at  least  one  year"  after  they  shall  have  com- 
menced their  improvements.    This  is  the  requirement  of  section  2305 
of  the  Revised  Statutes,  which  is  in  nowise  affected  by  the  Act  of 
June  6,  1912.    Respecting  the  cultivation  to  be  required  under  said 
section  it  has  been  heretofore  administered  as  requiring  such  show- 
ing as  ordinarily  applies  in  other  cases  preliminary  to  final  proof, 
and  as  the  new  law  exacts  showing  of  cultivation  of  at  least  one- 
eighth  of  the  area  before  final  proof  a  showing  should  be  exacted 
of  a  like  amount  for  at  least  one  year  before  final  proof. 

CULTIVATION. 

(3)  Prior  to  the  passage  of  this  act  no  specific  amount  of  cul- 
tivation  had   been   required   respecting   a   homestead   entry   made 
under     the  general  law ;  that  is,  an  entry  for  160  acres.     With 
respect  to  every  such  entry  section  2291  of  the  Revised  Statutes 
had  required  proof  of  "cultivating  the  same  for  the  term  of  five 
years  immediately  succeeding  the  time   of  filing  affidavit."     The 
words  "the  same"  could  refer  only  to  the  entry,  and  literally  con- 
strued would  require  the  cultivation  of  the  entire  tract  entered  for 
the  term  of  five  years.    But  a  more  liberal  interpretation  has  prop- 
erly obtained  in  the  Land  Department,  and  proof  has  been  accepted 
upon  a  showing  that  the  tract  has  been  used  in  a  husband-like  man- 
ner,  even  though    a   smaller   part   of   the   entire   entry   had   been 
actually    cultivated   than   was   in   fact   susceptible    of   cultivation. 
Furthermore,  the  long  period  of  residence  required, (five  years)  has, 
in  many  instances,  led  to  the  acceptance  of  even  a  much  smaller 
area  of  cultivation  than  husband-like  methods  and  the  character 


306 

of  the  land  would  have  reasonably  justified.  Under  exceptional  cir- 
cumstances grazing  land  has  been  accepted  as  the  equivalent  of 
cultivation,  where  the  lands  were  valuable  only  for  grazing  pur- 
poses. This  can  not  be  justified  under  any  known  definition  of 
"cultivation,"  although  some  special  legislation  with  reference  to 
lands  formerly  within  Indian  reservations  seems  to  require  such  a 
construction  with  respect  to  these  particular  lands.  Under  this 
special  legislation  lands  formerly  within  certain  Indian  reservations 
have  been  first  specifically  classified  as  grazing  lands,  and  then 
specifically  opened  to  entry  under  the  homestead  law.  It  would 
be  impossible  to  administer  these  special  laws  unless  grazing  is 
accepted  as  a  compliance  therewith,  where  it  can  be  shown  that  the 
lands  are  in  fact  not  capable  of  cultivation.  The  classification, 
however,  was  general,  and  where  the  general  area  was  grazing  in 
character  it  was  so  classified,  even  where  it  embraced  local  areas 
susceptible  of  cultivation.  Where  such  lands  are  in  fact  physically 
and  climatically  susceptible  of  tillage,  the  cultivation  provisions  of 
the  new  homestead  law  must  be  applied.  By  that  law  it  is  required 
that  the  claimant  "cultivate  not  less  than  one-sixteenth  of  the  area 
of  his  entry,  beginning  with  the  second  year  of  the  entry  and  not 
less  than  one-eighth  beginning  with  the  third  year  of  the  entry,  and 
until  final  proof,  except  that  in  the  case  of  entries  under  section  6  of 
the  enlarged-homestead  laws,  double  the  area  of  cultivation  herein 
provided  shall 'be  required,  but  the  Secretary  may,  upon  a  satisfac- 
tory showing,  under  rules  and  regulations  prescribed  by  him,  reduce 
the  required  area  of  cultivation." 

(4)  The  enlarged  homestead  Acts  here  referred  to  (35  Stat., 
639),  (36  Stat.,  531),  authorize  entries  of  320  acres  of  lands  desig- 
nated for  this  purpose  by  the  Secretary  of  the  Interior,  and  requires 
proof  "that  at  least  one-eighth  of  the  area  embraced  in  the  entry 
was  continuously  cultivated  to  agricultural  crops,  other  than  native 
grasses,  beginning  with  the  second  year  of  the  entry,  and  that  at 
least  one-fourth  of  the  area  embraced  in  the  entry  was  so  con- 
tinuously cultivated  beginning  with  the  third  year  of  the  entry." 
The  residence  provisions  of  the  homestead  law  (and  now  of  the  new 
act)  were  applicable  to  these  entries,  with  an  exception  relat- 
ing to  certain  lands  in  the  States  of  Utah  and  Idaho,  with  respect 
to  which  the  requirement  of  resident  is  omitted,  and  in  lieu  thereof 
the  entryman  is  required  to  cultivate  twice  the  area  required  under 
the  general  provisions  of  the  Act.  The  enlarged  homestead  Acts 
were  intended  to  apply  generally  to  lands  suitable  for  cultivation 
only  under  dry-farming  methods,  and  under  these  methods  it  is 
customary  to  summer  fallow  a  portion  of  the  land  one  year,  plant- 
ing it  the  following  year.  Under  the  new  law  such  summer  fal- 
lowing can  not  be  accepted  as  the  equivalent^  of  cultivation,  and 
this  was  equally  true  of  the  old  laws,  which  required  the  land  to  be 
"cultivated  to  agricultural  crops  other  than  native  grasses."  The 
new  law,  however,  does  reduce  the  required  area  of  cultivation  to 
not  less  than  one-sixteenth  during  the  second  year  of  the  entry, 
and  not  less  than  one-eighth  during  the  third  year  of  the  entry, 
and  until  final  proof,  except  that  in  the  case  of  entries  under  sec- 
tion 6  of  the  enlarged  homestead  laws,  where  residence  is  not 
required,  one-eighth  of  the  area  of  the  entry  must  be  cultivated 
during  the  second  year,  and  one-quarter  beginning  with  the  third 


307 

year  of  the  entry,  and  until  final  proof.  In  other  words,  the  effect 
of  the  new  law,  with  respect  to  the  enlarged  homestead  Acts,  except 
in  instances  where  residence  is  not  required,  is  generally  to  reduce 
by  one-half  the  amount  of  cultivation  to  agricultural  crops  other 
than  native  grasses,  which  had  previously  been  required. 

CHARACTER  OF  CULTIVATION. 

(5)  In  reducing  the  period  of  residence  required  in  perfecting 
title  to  a  tract  of  land  entered  under  the  homestead  law  from  five 
to  three  years  Congress  has  required  that  it  be  shown  that  an  actual 
cultivation  has  been  accomplished  of  at  least  certain  specified  por- 
tions of  the  land  entered.     This  amount  has  been  fixed  at  one-six- 
teenth, beginning  with  the  second  year  of  the  entry,  and  one-eighth 
the  following  year,  and  until  proof  is  offered.     In  view  of  the  lib- 
eral reduction  in  the  period  of  residence  making  it  possible  to  secure 
title  in  three  years,  which  would  require  a  showing  of  but  two  years' 
cultivation  of  one-sixteenth  of  the  area  entered,  and  an  additional 
one-sixteenth  for  but  one  year,  a  mere  breaking  of  the  soil  will  not 
meet  the  terms  of  the  statute,  but  such  breaking  or  stirring  of  the 
soil  must  also  be  accompanied  by  planting  or  the  sowing  of  seed 
and  tillage  for  a  crop  other  than  native  grasses. 

(6)  It  should  be  noted  that  under  the  new  law  the  period 
within  which  the  cultivation  should  be  made  is  reckoned  from  the 
date  of  the  entry. 

REDUCTION  OF  CULTIVATION. 

(7)  The  Secretary  of  the  Interior  is  authorized,  upon  a  satis- 
factory showing  therefor,  to  reduce  the  required  area  of  cultiva- 
tion.   In  the  administration  of  this  provision  it  is  not  believed  that 
the  physical  or  financial  disabilities  or  misfortunes  of  the  entryman 
should  be  the  grounds  of  reducton,  but  the  sole  question  should  be 
as  to  whether,  under  the  peculiar  conditions  governing  the  tract 
entered,  the  exaction  of  cultivation  of  this  particular  tract  by  any 
entryman  to  the  amount  required  is  reasonable.    The  actual  special 
physical  and  climatic  conditions  of  the  land  entered  in  each  case 
must  therefore  determine  whether  the  required  amount  of  cultiva- 
tion should  be  reduced.    It  is  desirable  that  the  entryman  should, 
wherever  practicable,  know  in  advance  what,  if  any,  reduction  can 
properly  be  made ;  and  therefore,  as  a  general  regulation  governing 
applications  for  reduction  in  area  of  cultivation,  it  is  directed  that 
all  entrymen  who  desire  a  reduction  shall  file  applications  therefor 
during  the  first  year  of  the  entry  and  upon  forms  to  be  prepared 
and  furnished  by  the  Commissioner  of  the  General  Land  Office  and 
distributed  through  the  land  offices.    Where  a  satisfactory  showing 
is  filed  in  support  of  an  application  for  reduction,  you  will  submit 
the  same  with  your  recommendation  in  the  premises;  otherwise  the 
application  will  be  by  you'  rejected  subject  to  the  usual  right  of 
appeal.    The  final  granting  of  any  reduction  in  area  of  cultivation 
rests  with  the  Secretary  of  the  Interior,  who  may  in  appropriate 
cases  defer  action  until  final  proof. 

EXCEPTIONS. 

(8)  The  requirements  as  to  cultivation  do  not  apply  to  entries 


308 

made  for  lands  within  a  reclamation  project  under  the  Act  of  June 
17,  1902  (32  Stat.,  388),  nor  to  entries  made  in  State  of  Nebraska 
under  the  Act  of  April  28,  1904  (33  Stat.,  547),  commonly  known 
as  the  Kinkaid  Act.  In  such  instances  the  existing  requirements 
as  to  cultivation  made  by  the  Acts  named  continue  in  force. 

ENTRIES  NOT  REQUIRING  RESIDENCE. 

(9)  In  all  entries  made  under  section  6  of  the  enlarged  home- 
stead Acts  (35  Stat.,  639,  and  36  Stat.,  531),  under  which  residence 
is  not  required,  the  entryman  must  cultivate  at  least  one-eighth  of 
the  land  in  the  second  year  after  date  of  the  entry  and  one-fourth 
of  it  during  each  year  thereafter  until  he  makes  proof,  and  the 
existing  period  of  cultivation  required  under  said  Acts  is  not  reduced 
by  the  Act  of  June  6,  1912. 

PERMISSIBLE  ABSENCES  FROM  THE  HOMESTEAD. 

(10)  The  law  clearly  requires  that  the  homestead  entryman 
shall  establish  an  actual  residence  upon  the  land  entered  within  six 
months  after  the  date  of  entry.    Where,  owing  to  climatic  reasons, 
sickness,  or  other  unavoidable  cause,  residence  can  not   be  com- 
menced within  this  period,  the  Commissioner  of  the  General  Land 
Office  may,  within  his  discretion,  allow  the  settler  such  additional 
period,  not  exceeding  in  the  aggregate  12  months,  within  which  to 
establish  his  residence.     It  is  not  meant  thereby  that  because,  for 
the  reasons  stated,  residence  may  not  be  commenced  within  the  six- 
months'  period,  that  the  settler  is  authorized  to  delay  the  com- 
mencement of  residence  beyond  the  required  period  and  after  the 
cause  no  longer  exists.     It  is  not  thought  necessary  to  require  an 
application  in  advance  in  order  to  entitle  the  settler  to  this  addi- 
tional privilege,  but  the  full  circumstances  will  be  open  to  investi- 
gation and  consideration  upon  contest. 

(11)  After  the  establishment  of  residence  the  entryman  is  per- 
mitted to  be  absent  from  the  land  for  one  continuous  period  of  not 
more  than  five  months  in  each  year  following,  provided  that  upon 
absenting  himself  for  such  period  he  has  filed  in  the  local  land  office 
notice  of  the  beginning  of  such  intended  absence.     He  must  also 
file  notice  with  the  local  land  office  upon  his  return  to  the  land  fol- 
lowing such  period  of  absence. 

(12)  In  according  such  extended  periods  of  absence  the  Cou- 
gress  has  dealt  liberally  with  the  homestead  entryman,  and  bona 
fide   continuous  residence   during  the   remaining   portions   of  the 
three-year  period  must  be  clearly  shown. 

(13)  A  second  period  of  absence  immediately  following  the 
first  period,  even  though  the  two  periods  occur  in  different  years, 
reckoned  from  the  date  of  the  establishment  of  actual  residence, 
will  not  be  recognized,  as  it  was  never  contemplated  that  an  absence 
was  permissible  in  excess  of  six  months  in  view  of  the  specific  pro- 
visions for   contest  provided  for  in   section  2197   of  the  Revised 
Statutes.    There  should  be  at  least  some  substantial  period  of  actual 
continuous  residence  upon  the  land  separating  the  periods  of  absence 
accorded  under  the  statute.     Only  those  protracted  absences  with 
respect  to  which  notice  has  been  given  as  required  by  the  statute 
will  be  respected  either  in  case  of  contest  or  on  final  proof.    This 


309 

Jaw  does  not  repeal  or  modify  the  Acts  of  March  2,  1889  (25  Stat., 
854),  June  25,  1910  (36  Stat.,  864),  and  April  30,  1912  (37  Stat.,  — ). 

COMMUTATION. 

(14)  The  privilege   of   commutation  after  14  months'  actual 
residence,  as  heretofore  required  by  law,  is  unaffected  by  this  legis- 
lation, excepting  that  the  person  commuting  must  be  at  the  time 
a  citizen  of  the  United  States.    It  has  heretofore  been  the  practice 
to   permit  the   making  of  commutation  proof  upon  a  homestead 
entry  by  one  who  had  merely  declared  his  intention  to  become  a 
citizen  of  the  United  States  and  prior  to  his  actual  naturalization. 
This  practice,  however,  is  abrogated,  and  in  instances  weher  com- 
mutation proof  is  made  after  the  passage  of  this  Act  it  should  be 
exacted  and  shown  that  the  claimant,  if  foreign  born,  has  become 
fully  naturalized.     Commutation  proof  can  not,  however,  be  made 
on  entries  under  the  enlarged  homestead  laws,  the  reclamation  Act, 
or  on  entries  made  under  any  other  homestead  law  which  prohibits 
commutation. 

DEATH  OF  THE  HOMESTEAD  ENTRYMAN. 

(15)  Where  the  person  making  homestead  entry  dies  before  the 
offer  of  final  proof,  those  succeeding  to  the  entry  in  the  order  pre- 
scribed under  the  homestead  law,  in  order  to  complete  such  entry 
must  show  that  the  entryman  had  complied  with  the  law  in  all 
respects  to  the  date  of  his  death,  and  that  they  have  since  complied 
with  the  law  in  all  respects  as  would  have  been  required  of  the 
entryman  had  he  lived,  excepting  that  they  are  relieved  from  any 
requirement  of  residence  upon  the  land.  It  follows,  as  a  consequence, 
that  where  the  entryman  had  not  complied  with  the  law  in  all 
respects  prior  to  his  death  the  entry  will  be  forfeited,  and  upon 
proof  thereof  such  entry  will  be  canceled.     This  will  apply  to  all 
entries  made  under  the  new  law  and  those  made  prior  to  the  pas- 
sage of  this  Act,  where  the  entryman  fails  to  elect  to  make  proof 
under  the  law  under  which  his  entry  was  made. 

ELECTION  BY  ENTRYMEN  UNDER  ENTRIES  MADE   PRIOR  TO   THIS 

ACT. 

(16)  The  provisions  of  section  2291  of  the  Revised  Statutes,  as 
amended,  in  respect  to  the  homestead  period,  are  made  applicable  to 
all  unperfected  entries  upon  which  residence  is  required,  as  well  as 
to  those  made  after  June  6,  1912,  where  the  entryman  fails  to  elect 
to  make  proof  under  the  law  under  \vhich  his  entry  was  made 
within  the  prescribed  time.    This  obligates  the  previous  entryman 
to  compliance  with  the  law  of  June  6,  1912,  respecting  all  of  its 
provisions,  the  performance  of  which  is  exacted  during  the  home- 
stead period.     As  a  consequence,  while  residence  is  reduced  from 
five  to  three  years,  specific  cultivation  is  exacted  beginning  with  the 
second  year  after  entry.     Final  proof  of  full  compliance  must  be 
made  within  five  years  from  date  of  entry. 

RULE    PRESCRIBED    RESPECTING    CULTIVATION    TO    BE    SHOWN    ON 
ENTRIES  MADE  PRIOR  TO,  BUT  ADJUDICATED  UNDER,  NEW  LAW. 

(17)  It  may  be  that  such  prior  entryman  can  not  show  that  he 
had  cultivated  one-sixteenth   of  the   area   embraced  in  his   entry 
beginning  writh  the  second  year  of  the  entry  and  one-eighth  begin- 


310 

ning  with  the  third  year  of  the  entry  and  until  final  proof,  although 
he  may  have  had  during  the  year  preceding  his  offer  of  proof  one- 
eighth  or  more  of  the  area  embraced  in  his  entry  under  actual  cul- 
tivation, and  may  have  cultivated  one-sixteenth  during  the  previous 
year,  thus  accomplishing  the  amount  of  cultivation  required  as  a 
general  rule  under  the  new  law,  but  not  in  the  order  and  for  the 
particular  years  required  by  that  law. 

(18)  By  the  section  I  am  authorized,  under  rules  and  regula- 
tions to  be  prescribed  by  me,  to  reduce  the  required  area  of  culti- 
vation.   Acting  thereunder,  I  have  prescribed  the  following  rule  to 
govern  action  on  proof  where  the  homestead  entry  was  made  prior 
to  June  6,  1912,  but,  through  failure  of  election,  must  be  adjudi- 
cated under  the  new  law : 

shows  cultivation  of  at  least  one-sixteenth  for  one  year  and  of  at 
least  one-eighth  for  the  next  year  and  each  succeeding  year  until 
faith  of  the  entryman  appears,  the  proof  will  be  acceptable  if  it 
Respecting  cultivation  necessary  to  be  shown  upon  such  an  entry, 
in  all  cases  where,  upon  considering  the  whole  record,  the  good 
final  proof,  without  regard  to  the  particular  year  of  the  homestead 
period  in  which  the  cultivation  of  the  one-sixteenth  was  performed. 

TIME  FOE  PEOOF  ON  ENTEIES  MADE   BEFOEE   BUT  ADJUDICATED 

UNDEE  NEW  LAW. 

(19)  The  new  law  also  requires  that  the  proof  shall  be  made 
within  five  years  from  date  of  entry  and  if  the  entry  is  to  be  admin- 
istered under  that  law  the  Department  is  not  authorized  to  extend 
the  period  within  which  proof  may  be  made,  but  when  submitted 
after  that  time,  in  the  absence  of  adverse  claims,  the  entry  may  be 
submitted  to  the  Board  of  Equitable  Adjudication  for  confirmation. 

(20)  Respecting  entries  heretofore  or  hereafter  made  requiring 
payment  for  the  land  entered  in  annual  installments   extending 
beyond  the  period  of  residence  required  under  the  new  law,  the 
homesteader  may  make  his  proof  as  in  other  cases,  but  final  cer- 
tificate will  not  be  issued  until  the  entire  purchase  price  has  been 
paid. 

(21)  It  may  not  be  to  the  advantage  of  all  entrymen  to  have 
their  entries  adjudicated  under  the  new  law,  and  the  matter  should 
be  seriously  considered  before  acting  upon  the  election  accorded 
previous  entrymen  under  the  statute. 

(22)  Unless  they  elect  to  make  proof  under  the  law  under 
which  their  entries  were  made  within  the  time  accorded  under  the 
statute — i.  e.,  on  or  before  October  4,  1912 — it  will  be  incumbent 
upon  the  Department  to  exact  compliance  with  the  new  law,  sub- 
ject tc  the  regulation  herein  above  established. 

The  local  officers  will  be  furnished  with  copies  hereof  for  their 
use  when  inquiries  are  made  of  them  respecting  the  new  law. 
Very  respectfully, 

WALTER  L.  FISHER,  Secretary. 

[Public— No.  179.] 

An  Act  to  Amend  Section  Twenty-two  Hundred  and  Ninety-one  and  Section 
Twenty-two   Hundred   and   Ninety-seven   of   the   Revised   Statutes   of   the 
United  States  Relating  to  Homesteads. 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 

States  of  America  in  Congress  assembled,  That  section  twenty-two  hundred  and 


311 

ninety-one  and  section  twenty-two  hundred  and  ninety-seven   of  the  Revised 
Statutes  of  the  United  States  be  amended  to  read  as  follows: 

"  "Sec.  2291.  No  certificate,  however,  shall  be  given  or  patent  issued  there- 
for until  the  expiration  of  three  years  from  the  date  of  such  entry;  and  if  at 
the  expiration  of  such  time,  or  at  any  time  within  two  years  thereafter,  the 
person  making  such  entry,  or  if  he  be  dead  his  widow,  or  in  case  of  her  death 
his  heirs  or  devisee,  or  in  case  of  a  widow  making  such  entry  her  heirs  or 
devisee,  in  case  of  her  death,  proves  by  himself  and  by  two  credible  witnesses 
that  he,  she,  or  they  have  a  habitable  house  upon  the  land  and  have  actually 
resided  upon  and  cultivated  the  same  for  the  term  of  three  years  succeeding 
the  time  of  filing  the  affidavit,  and  makes  affidavit  that  no  part  of  such  land 
has  been  alienated,  except  as  provided  in  section  twenty-two  hundred  and 
eighty-eight,  and  that  he,  she,  or  they  will  bear  true  allegiance  to  the  Govern- 
ment of  the  United  States,  then  in  such  case  he,  she,  or  they,  if  at  that  time 
citizens  of  the  United  States,  shall  be  entitled  to  a  patent,  as  in  other  cases 
provided  by  law:  Provided,  That  upon  filing  in  the  local  land  office  notice  of 
the  beginning  of  such  absence,  the  entryman  shall  be  entitled  to  a  continuous 
leave  of  absence  from  the  land  for  a  period  not  exceeding  five  months  in  each 
year  after  establishing  residence,  and  upon  the  termination  of  such  absence  the 
entryman  shall  file  a  notice  of  such  termination  in  the  local  land  office,  but  in 
case  of  commutation  the  fourteen  months'  actual  residence  as  now  required  by 
law  must  be  shown,  and  the  person  commuting  must  be  at  the  time  a  citizen 
of  the  United  States:  Provided,  That  when  the  person  making  entry  dies  before 
the  offer  of  final  proof  those  succeeding  to  the  entry  must  show  that  the  entry- 
man had  complied  with  the  law  in  all  respects  to  the  date  of  his  death  and 
that  they  have  since  complied  with  the  law  in  all  respects,  as  would  have  been 
required  of  the  entryman  had  he  lived,  excepting  that  they  are  relieved  from 
any  requirement  of  residence  upon  the  land:  Provided  further,  That  the  entry- 
man shall,  in  order  to  comply  with  the  requirements  of  cultivation  herein  pro- 
vided for,  cultivate  not  less  than  one-sixteenth  of  the  area  of  his  entry,  begin- 
ning with  the  second  year  of  the  entry,  and  not  less  than  one-eighth,  beginning 
with  the  third  year  of  the  entry,  and  until  final  proof,  except  that  in  the  case 
of  entries  under  section  six  of  the  enlarged-homestead  law  double  the  area  of 
cultivation  herein  provided  shall  be  required,  but  the  Secretary  of  the  Interior 
may,  upon  a  satisfactory  showing,  under  rules  and  regulations  prescribed  by 
him,  reduce  the  required  area  of  cultivation:  Provided,  That  the  above  pro- 
vision as  to  cultivation  shall  not  apply  to  entries  under  the  Act  of  April  twenty- 
eighth,  nineteen  hundred  and  four,  commonly  known  as  the  Kinkaid  Act,  or 
entries  under  the  Act  of  June  seventeenth,  nineteen  hundred  and  two,  com- 
monly known  as  the  reclamation  Act,  and  that  the  provisions  of  this  section 
relative  to  the  homestead  period  shall  apply  to  all  unperfected  entries  as  well 
as  entries  hereafter  made  upon  which  residence  is  required:  Provided,  That  the 
Secretary  of  the  Interior  shall,  within  sixty  days  after  the  passage  of  this  Act, 
send  a  copy  of  the  same  to  each  homestead  entryman  of  record  who  may  be 
affected  thereby,  by  ordinary  mail  to  his  last  known  address,  and  any  such 
entryman  may,  by  giving  notice  within  one  hundred  and  twenty  days  after  the 
passage  of  this  Act,  by  registered  letter  to  the  register  and  receiver  of  the 
local  land  office,  elect  to  make  proof  upon  his  entry  under  the  law  under  which 
the  same  was  made  without  regard  to  the  provisions  of  this  Act." 

"Sec.  2297.  If,  at  any  time  after  the  filing  of  the  affidavit  as  required  in 
section  twenty-two  hundred  and  ninety  and  before  the  expiration  of  the  three 
years  mentioned  in  section  twenty-two  hundred  and  ninety-one,  it  is  proved," 
after  due  notice  to  the  settler,  to  the  satisfaction  of  the  register  of  the  land 
office  tliat  the  person  having  filed  such  affidavit  has  failed  to  establish  residence 
within  six  months  after  the  date  of  entry,  or  abandoned  the  land  for  more  than 
six  months  at  any  time,  then  and  in  that  event  the  land  so  entered  shall  revert 
to  the  Government:  Provided,  That  the  three  years'  period  of  residence  herein 
fixed  shall  date  from  the  time  of  establishing  actual  permanent  residence  upon 
the  land:  And  provided  further,  That  where  there  may  be  climatic  reasons, 
sickness,  or  other  unavoidable  cause,  the  Commissioner  of  the  General  Land 
Office  may,  in  his  discretion,  allow  the  settler  twelve  months  from  the  date  of 
filing  in  which  to  commence  his  residence  on  said  land  under  such  rules  ond 
regulations  as  he  may  prescribe." 

Approved  June  6,  1912. 


312 

INSTRUCTIONS  UNDER  THE  ACT  APPROVED  JUNE  22,  1910 
(36  STAT.,  583),  "TO  PROVIDE  FOR  AGRICULTURAL 
ENTRIES  ON  COAL  LANDS,"  WITH  AMENDMENT  OF 
SEPTEMBER  27,  1910. 

Department  of  the  Interior, 

General  Land  Office, 
"Washington,  September  8,  1910. 
Registers  and  Receivers, 

United  States  Land  Offices. 

The  following  instructions  are  issued  for  your  guidance  in  the 
administration  of  the  Act  of  Congress  approved  June  22,  1910  (36 
Stat.,  583),  "An  Act  to  provide  for  agricultural  entries  on  coal 
lands,"  a  copy  of  which  is  appended  hereto. 

THE   PURPOSE   OF   THE    ACT. 

1.  This  act  was  not  designed  to  operate  as  an  implied  repeal  of 
any  provision  of  the  Act  of  March  3,  1909  (35  Stat.,  844).  There  is  no 
inconsistency  between  the  two  Acts,  and  both  of  them  may  have 
harmonious  operation  within  their  proper  spheres.     The  earlier  law 
provides  a  remedy  in  those  cases  in  which  entries,  locations,  and 
selections  have  been  or  may  be  made  for  lands  which,  subsequently 
to  entry,  location,  or  selection,  have  been,  or  may  be,  claimed,  classi- 
fied, or  reported  as  being  valuable  for  coal,  while  the  later  Act 
permits  dispositions  (therein  named)  to  be  made  of  lands  valuable 
for   coal,   notwithstanding   that   they   may   have    been   previously 
withdrawn,  or  classified  as  such.     The  proviso  to  section  1  of  the 
later  Act  also  affords  relief  to  those  persons  who,  prior  to  June  22, 
1910,  in  good  faith,  made  entries,  locations,  or  selections  of  lands 
which,  at  the  date  of  such  entries,  locations,  or  selections,  had  been 
withdrawn  or  classified,  as  valuable  for  coal. 

LANDS   TO   WHICH   THE   ACT   IS   APPLICABLE. 

2.  The  Act  applies  to  unreserved  public  lands  of  the  United 
States  in  those  States  and  Territories  in  which  the  coal-land  laws 
are  applicable,  exclusive  of  the  District  of  Alaska,  which  have  been 
withdrawn  from  coal  entry  and  not  released  therefrom,  or  which 
have  been  classified  as  coal  lands  or  which  are  valuable  for  coal, 
though  not  withdrawn  or  classified.     It  does  not  change,  repeal,  or 
modify  agreements   or  treaties   made   with  Indian   tribes   for   the 
disposition  of  their  lands,  or  apply  to  lands  ceded  to  the  United 
States  to  be  disposed  of  for  the  benefit  of  such  tribes. 

CLASSES   OF   ENTRIES.  . 

3.  Original  entries  made  under  the  provisions  of  the  Act  or 
validated  and  confirmed  thereby. 

(a)  Section  1  of  the  Act  provides  that  from  and  after  its 
passage,  the  unreserved  public  lands  of  the  United  States,  exclusive 
of  Alaska,  which  have  been  withdrawn  or  classified  as  coal  lands, 
or  are  valuable  for  coal,  shall  be  subject  to  appropriate  entry  under 
the  homestead  laws,  by  actual  settlers  only,  the  desert-land  law, 
selection  under  section  4  of  the  Act  approved  August  18,  1894, 
known  as  the  Carey  Act,  and  to  withdrawal  under  the  Act  approved 
June  17,  1902,  known  as  the  Reclamation  Act,  whenever  such  entries, 
selections,  or  withdrawals  shall  be  made  with  a  view  of  obtaining 


Ill 

or  passing  title,  with  a  reservation  to  the  United  States  of  the  coal 
in  such  lands  and  of  the  right  to  prospect  for,  mine,  and  remove 
the  same;  but  that  no  desert-land  entry  made  under  the  provisions 
of  this  Act  shall  contain  more  than  160  acres,  and  that  all  home- 
stead entries  made  thereunder  shall  be  subject  to  the  conditions,  as 
to  residence  and  cultivation,  of  entries  provided  for  under  the  Act 
approved  February  19,  1909,  entitled  "An  Act  to  provide  for  an 
enlarged  homestead." 

Section  2  of  the  Act  provides  that  any  person  desiring  to  make 
entry  under  the  homestead  laws  or  the  desert-land  law,  any  State 
desiring  to  make  selection  under  section  4  of  the  Act  of  August  18, 
1894,  known  as  the  Carey  Act,  and  the  Secretary  of  the  Interior  in 
withdrawing  under  the  Reclamation  Act  lands  classified  as  coal 
lands,  or  valuable  for  coal,  with  a  view  to  securing  or  passing  title 
to  the  same  in  accordance  with  the  provisions  of  said  Acts,  shall 
state  in  the  application  for  entry,  selection,  or  notice  of  withdrawal 
that  the  same  is  made  in  accordance  with  and  subject  to  the  pro- 
visions of  this  Act. 

With  reference  to  homestead  entries  made  under  the  provisions 
of  this  Act,  attention  is  called  to  the  fact  that  the  said  Act  of  Feb. 
ruary  19,  1909  (subject  to  which,  as  to  residence  and  cultivation, 
such  homestead  entries  must  be  made),  provides  that  "no  entry 
made  under  this  Act  shall  be  commuted"  (35  Stat.,  639).  This, 
then,  requires  a  residence  for  the  full  period  of  five  years  to  entitle 
the  homesteader  to  patent  thereunder.  The  latter  Act  also  provides 
that  in  addition  to  the  proofs  and  affidavits  required  under  section 
2291  of  the  Revised  Statutes  the  entryman  shall  prove  by  two 
credible  witnesses  that  at  least  one-eighth  of  the  area  embraced 
in  his  entry  was  continuously  cultivated  to  agricultural  crops,  other 
than  native  grasses,  beginning  with  the  second  year  of  the  entry, 
and  that  at  least  one-fourth  of  the  area  embraced  in  the  entry  was 
so  continuously  cultivated  beginning  with  the  third  year  of  the 
entry. 

(b)  Non-mineral  entries,  selections,  or  locations  initiated  prior 
to  the  passage  of  the  Act. 

In  the  proviso  to  section  1  it  is  enacted  that  those  who  have 
initiated  non-mineral  entries,  selections,  or  locations  in  good  faith, 
prior  to  the  passage  of  this  Act,  on  lands  withdrawn  or  classified  as 
coal  lands,  may  perfect  the  same  under  the  provisions  of  the  laws 
under  which  said  entries  were  made,  but  shall  receive  the  limited 
patent  provided  for  in  this  act. 

Upon  receipt  of  these  instructions,  Registers  and  Receivers  will 
promptly  advise,  by  registered  mail,  all  those  who  have  initiated 
non-mineral  entries,  selections,  or  locations,  prior  to  the  passage  of 
this  Act,  on  lands  withdrawn  or  classified  as  coal  lands  prior  to 
entry,  selection,  or  location,  which  have  not  been  restored  to  entry 
under  the  general  land  laws,  thai  they  may  perfect  such  non-mineral 
entries,  selections  or  locations  (if  made  in  good  faith)  under  the 
provisions  of  the  laws  under  which  said  entries  wore  made,  but 
shall  receive  the  limited  patent  provided  for  in  this  Act,  unless  the 
lands  are  restored  to  entry  under  the  general  land  laws  prior  to 
final  action  upon  such  entries,  selections,  or  locations,  or  unless, 
within  thirty  days  from  receipt  of  such  notice,  in  cases  where  final 
proofs  have  been  made,  or  prior  to  final  proof  where  such  proofs 


314 

have  not  been  submitted,  they  submit  evidence,  preferably  the  sworn 
statements  of  experts  or  practical  miners,  that  the  land  is,  in  fact, 
not  coal  in  character,  together  with  an  application  for  classification, 
if  the  land  is  merely  withdrawn,  or  for  reclassification  if  classified 
as  coal  land.  The  application  and  evidence  will  be  by  you  trans- 
mitted to  this  office  and  follow  the  procedure  prescribed  in  section 
5,  paragraph  2,  of  these  instructions. 

NOTICE   TO   CHIEF  OF  FIELD  DIVISION. 

4.  Nothing  herein  shall  change  the  procedure  of  forwarding  to 
the  proper  Chief  of  Field  Division  and  the  proper  officers  in  charge 
of  the  national  forest  (if  in  such  a  forest)  a  copy  of  all  applications 
to  make  final  proof,  final  entry,  or  to  purchase  public  lands,  for  the 
indorsement  of  "protest"  or  "no  protest,"  as  provided  for  in  the 
circular  of  April  24,  1907,  paragraph  5  et  seq.,  except  that  where 
the  only  charge  against  the  same  in  the  office  of  the  Chief  of  Field 
Division  is  that  the  land  is  coal  in  character,  it  will  be  unnecessary 
for  him  to  protest  same  or  make  investigation,  in  view  of  the  pro- 
visions of  the  Act. 

HEARING  TO  DISPROVE  CLASSIFICATION. 

5.  The  last  proviso  to  section  3  of  the  Act  provides  that  noth- 
ing in  the  Act  contained  shall  be  held  to  deny  or  abridge  the  right 
to  present  and  have  prompt  consideration  of  applications  to  locate, 
enter,  or  select,  under  the  land  laws  of  the  United  States,  lands 
which  have  been  classified  as  coal  lands  wih  a  view  of  disproving 
such  classification  and  securing  a  patent  without  reservation. 

Except  in  the  case  of  those  who  present  applications  under  sec- 
tion 2  of  the  Act,  you  will  advise  any  person  presenting  a  non- 
mineral  application  or  filing  for  lands  classified  as  coal  lands  that 
he  will  be  allowed  thirty  days  in  which  to  submit  evidence,  prefer- 
ably the  sworn  statements  of  experts  or  practical  miners,  that  the 
land  is  in  fact  not  coal  in  character,  together  writh  an  application 
that  the  same  be  reclassified,  and  that  in  the  event  of  failure  to 
furnish  said  evidence  within  the  time  specified  the  application  will 
be  rejected.  Such  applications  will  be  given  proper  serial  numbers 
and  notation  thereof  made  upon  the  records,  and  when  accompanied 
by  the  necessary  evidence  they  will  be  forwarded  to  the  General 
Land  Office  for  action,  where,  if  upon  the  showing  made,  and  such 
other  inquiry  as  may  be  deemed  proper,  the  land  is  classified  as 
agricultural  land,  the  non-mineral  application,  in  the  absence  of 
other  objections,  will  be  returned  for  allowance.  If  reclassification 
be  denied,  the  applicant  may,  within  thirty  days  from  receipt  of 
notice,  apply  for  a  hearing,  at  which  he  may  be  afforded  an  oppor- 
tunity for  showing  that  the  classification  is  improper,  in  which 
event  he  must  assume  the  burden  of  proof.  If  he  should  fail  to 
apply  for  a  hearing  within  the  time  allowed,  his  application  to  enter 
or  file  will  be  finally  rejected.  The  rejection  of  such  application, 
however,  does  not  preclude  the  person  from  filing  another  applica- 
tion pursuant  to  section  2  of  the  Act. 

DISPOSAL  OF   COAL  DEPOSITS. 

6.  Right  to  Prospect  for  Coal — Bond  to  Be  Filed. — By  section  3 
of  the  Act  it  is  provided  that  upon  satisfactory  proof  of  full  com- 


315 

pliance  with  the  provisions  of  the  laws  under  which  entry  is  made, 
and  of  this  Act,  the  entryman  shall  be  entitled  to  a  patent  to  the  land 
entered  by  him,  which  patent  shall  contain  a  reservation  to  the 
United  States  of  all  the  coal  in  the  land  so  patented,  together  with 
the  right  to  prospect  for,  mine,  and  remove  the  same ;  and  that  the 
coal  deposits  in  such  lands  shall  be  subject  to  disposal  by  the 
United  States  in  accordance  with  the  provisions  of  the  coal-land 
laws  in  force  at  the  time  of  such  disposal.  Said  section  3  also  pro- 
vides that  any  person  qualified  to  acquire  coal  deposits  or  the  right 
to  mine  and  remove  the  coal  under  the  laws  of  the  United  States 
shall  have  the  right,  at  all  times,  to  enter  upon  the  lands  selected, 
entered,  or  patented,  as  provided  by  this  Act,  for  the  purpose  of 
prospecting  for  coal  thereon  upon  the  approval  of  the  Secretary  of 
the  Interior  of  a  bond  or  undertaking  to  be  filed  with  him  as  security 
for  the  payment  of  all  damages  to  the  crops  and  improvements  on 
such  lands  by  reason  of  such  prospecting ;  and  that  any  person  who 
has  acquired  from  the  United  States  the  coal  deposits  in  any  such 
land,  or  the  right  to  mine  or  remove  the  same,  may  reenter  and 
occupy  so  much  of  the  surface  thereof  as  may  be  required  for  all 
purposes  reasonably  incident  to  the  mining  and  removal  of  the  coal 
therefrom,  and  mine  and  remove  the  coal,  upon  payment  of  the 
damages  caused  thereby  to  the  owner  thereof,  or  upon  giving  a  good 
and  sufficient  bond  or  undertaking  in  an  action  instituted  in  any 
competent  court  to  ascertain  and  fix  said  damages. 

As  a  condition  precedent  to  the  exercise  of  the  right  mentioned 
in  this  Act  to  prospect  for  coal,  the  person  desiring  so  to  prospect 
must  file  in  the  office  of  the  Commissioner  of  the  General  Land 
Office,  for  submission  to  the  Secretary  of  the  Interior  for  his  ap- 
proval, a  bond  or  undertaking  to  indemnify  the  non-mineral  claim- 
ant in  lawful  possession  under  this  Act  from  all  damages  that  may 
accrue  to  the  latter 's  crops  and  improvements  on  such  lands  by 
reason  of  such  prospecting,  the  right  to  prospect  to  date  from  receipt 
of  notice  of  approval  of  the  bond.  There  must  be  filed  with  such 
bond  evidence  of  service  of  a  copy  thereof  upon  the  non-mineral 
claimant.  The  bond  must  be  executed  by  the  prospector  as  prin- 
cipal, with  two  competent  sureties  or  a  bond  company  that  has  com- 
plied with  the  provisions  of  the  Act  of  August  13,  1894  (28  Stat., 
289),  as  amended  by  the  Act  approved  March  23,  1910  (36  Stat,, 
241),  in  the  sum  of  $1,000,  as  per  form  hereto  annexed.  Coal  declar- 
atory statements  for  and  application  to  purchase  the  coal  deposits 
in  lands  entered,  selected,  or  withdrawn  under  the  Reclamation  Act, 
as.  provided  in  section  2  of  Act,  will  be  received  and  filed  at  any 
time  after  such  entry  or  selection  has  been  received  and  allowed  of 
record  or  such  withdrawal  has  become  a  matter  of  record  in  your 
office;  coal  declaratory  statements  for  and  applications  to  purchase 
the  coal  deposits  in  those  lands  embraced  in  non-mineral  entries, 
selections,  or  locations  made  in  good  faith,  described  in,  and  pro- 
tected by,  the  proviso  in  section  1  of  the  Act,  will  be  accepted  and 
filed  after  it  shall  have  been  determined  and  become  a  matter  of 
record  in  your  office  that  such  non-mineral  entryman,  selector,  or 
locator  shall  receive  the  limited  patent,  prescribed  in  the  act :  Pro- 
vided always,  That  such  lands,  or  the  coal  deposits  therein,  have 
then  been  restored  to  disposition  under  the  coal-land  laws  and  the 
regulations  in  force. 


316 
APPLICATIONS,,    CERTIFICATES,    AND   PATENTS. 

7.  (a)  Entries  and  selections  under  the  provisions  of  this  Act 
must  have  noted  across  the  face  of  the  application  for  entry  or  selec- 
tion, before  such  application  for  entry  or  selection  is  signed  by  the 
applicant  and  presented  to  you,  the  following : 

Application  made  in  accordance  with  and  subject  to  the  provisions  and 
reservations  of  the  Act  of  June  22,  1910  (36  Stat.,  583).  (See  Amendment, 
page  — .) 

Like  notation  will  be  made  by  you  across  the  face  of  the  notice 
of  allowance  (Form  4-279)  issued  on  applications  to  enter  or  select 
lands  under  the  provisions  of  this  Act.  (Amendment  of  September 
27,  1910.) 

The  Secretary  of  the  Interior  in  withdrawing,  under  the  Reclama- 
tion Act,  lands  classified  as  coal  lands,  or  valuable  for  coal,  with  a 
view  to  securing  or  passing  title  to  the  same  in  accordance  with  the 
provisions  of  said  Acts,  will  state  in  the  notice  of  withdrawal  that 
the  same  is  made  in  accordance  with  and  subject  to  the  provisions 
and  reservations  of  the  Act  of  June  22,  1910,  supra. 

(b)  You  will  cause  to  be  stamped  on  the  final  certificates  issued 
to  non-mineral  claimants  under  this  Act- 
Patent  to  contain  provisions,  reservations,  conditions,   and   limitations   of 

Act  of  June  22,  1910  (36  Stat.,  583). 

There  will  be  incorporated  in  patents  issued  to  non-mineral 
claimants  under  this  Act  the  following : 

Excepting  and  reserving,  however,  to  the  United  States  all  the  coal  in  the 
lands  so  patented,  and  to  it,  or  persons  authorized  by  it,  the  right  to  prospect 
for,  mine,  and  remove  the  coal  from  the  same  upon  compliance  with  the  condi- 
tions and  subject  to  the  provisions  and  limitations  of  the  Act  of  June  22  1910 
(36  Stat.,  583). 

Immediately  upon  the  notation  upon  your  records  of  the  filing 
and  allowance  of  an  entry,  Carey  Act  selection,  or  a  reclamation 
withdrawal  under  section  2  of  the  Act,  and  upon  the  ascertainment 
(which  will  be  noted  of  record)  thr*.  the  non-mineral  entryman, 
selector,  or  locator  mentioned  in  and  protected  by  the  proviso  in 
section  1  of  the  Act  shall  receive  the  limited  patent  prescribed 
therein,  you  will  stamp  oh  the  tract  book,  on  the  same  line  with 
the  entry  and  as  near  the  descriptions  as  practicable,  "Coal  reserved 
to  the  United  States,  Act  of  June  22,  1910."  You  will  also  write 
on  the  margin  of  the  plat,  under  the  heading,  "Coal  reserved  to  the 
United  States,  Act  of  June  22,  1910,"  the  description  of  the  land  in 
which  the  coal  deposit  has  been  reserved. 

(c)  Coal  declaratory  statements,  applications  to  purchase,  cer- 
tificates, and  patents  issued  under  the  provisions  of  this  Act  will 
describe  the  coal  within  legal  subdivisions,  and  payment  will  be 
made  at  the  price  fixed  for  the  whole  acreage.     Coal  declaratory 
statements  and  applications  to  purchase  under  sections  2347-2352, 
Revised  Statutes,  for  coal  deposits  disposable  under  this  Act,  must 
have  noted  across  the  face  of  same,  before  such  coal  declaratory 
statements  or  applications  to  purchase  are  signed  by  the  coal  claim- 
ants and  presented  to  you,  the  words — 

Patent  will  convey  only  the  coal  in  the  land  and  rights  incident  thereto  in 
accordance  with  the  conditions  and  limitations  of  the  Act  of  June  22,  1910  (3(j 
Stat.,  583). 


817 

You  will  make  like  notation  on  each  coal  entry,  final  certificate, 
and  notice  of  allowance  issued  by  you  for  coal  deposits  disposable 
under  this  Act.  (Amendment  of  September  27,  1910.) 

There  will  be  incorporated  in  patents  to  coal  claimants  for  coal 
deposits  disposed  of  under  this  Act  substantially  the  following 
words : 

Now  know  ye,  that  there  is,  therefore,  pursuant  to  the  law  afore- 
said, hereby  granted  by  the  United  States  unto  the  said  grantee 
and  to  the  heirs  or  successors  and  assigns  of  said  grantee  all  the 
coal  and  the  coal  deposits  in  the  land  above  described,  together  with 
the  right  to  prospect  for,  mine,  and  remove  the  coal  from  the  same 
upon  compliance  with  the  conditions  of  and  subject  to  the  limita- 
tions of  the  Act  of  June  22,  1910  (36  Stat.,  583),  entitled  "An  Act 
to  provide  for  agricultural  entries  of  coal  lands." 

Protests,  contests,  appeals,  and  other  proceedings  arising  under 
these  regulations  and  the  Act  shall  be  allowed  and  disposed  of  in 
accordance  with  the  Kules  of  Practice. 

Fred  Dennett, 
Commissioner. 

Approved : 

Frank  Pierce, 

Acting  Secretary. 


FOEM  OF  BOND. 

[Approved  by  Department,  September  8,  1910.] 
(Under  Act  of  June  22,  1910,  36  Stat.,  583.) 

Know  All  Men  by  These  Presents,  That  I of  (or  we 

of  and  — of  ,  as  the  case  may  be),  a 


citizen  (or  citizens)  of  the  United  States,  or  having  declared  my  (or  our) 
intention  to  become  a  citizen  (or  citizens)  of  the  United  States,  and  never 
having  held  or  purchased  lands  from  the  United  States  under  the  coal-land 
laws,  either  as  an  individual  or  as  a  member  of  an  association,  as  principal  (or 

principals),  and of , of ,  as  sureties, 

are  held  and  firmly  bound  unto  ,  his  heirs,  executors,  adminis- 
trators, or 'assigns,  in  the  full  sum  of  one  thousand  dollars  ($1,000),  lawful 
money  of  the  United  States,  for  the  payment  of  which,  well  and  truly  to  be 
made,  we  bind  ourselves,  our  heirs,  executors,  administrators,  successors,  and 
assigns,  and  each  and  every  one  of  us  and  them,  jointly  and  severally,  firmly 
by  these  presents. 

Signed  with  our  hands  and  sealed  with  our  seals  this  day  of  , 

191—. 

The  Condition  of  This  Obligation  Is  Such,  That  whereas  the  above  bounden 
is  desirous  of  entering  upon  the ,  section ,  township 


range   ,   land   district   ,    for    the    purpose    of   prospecting    for    coal 

thereon  under  the  provisions  of  the  Act  of  June  22,  1910  (36  Stat.,  583) ;  and, 

whereas,  the  above-named is  the  lawful  claimant  of  said  land, 

Now,  Therefore,  If  the  said  above  bounden  parties,  or  either  of  them,  or 
the  heirs  of  either  of  them,  their  executors  or  administrators,  upon  demand, 
shall  make  good  and  sufficient  recompense,  satisfaction,  and  payment  unto  the 
said  claimant,  his  heirs,  executors  or  administrators,  or  assigns,  for  all  such 
damages  to  the  crops  and  improvements  on  said  lands  as  the  said  claimant,  his 
heirs,  executors,  administrators,  or  assigns  shall  suffer  or  sustain  by  reaon  of 
his,  the  above  bounden  principal's,  prospecting  for  coal  on  said  described  land, 
then  this  obligation  shall  be  null  and  void;  otherwise  the  same  shall  remain  in 
full  force  and  effect. 


Principal. 

Signed  and  sealed  in  the  presence  of   and  witnesses  by,  the  undersigned: 

Eesidence 


318 

Surety. 
Residence Residence 

Surety. 
Residence Residence 

An  Act  to  Provide  for  Agricultural  Entries  on  Coal  Lands. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  from  and  after  the  passage  of 
this  Act  unreserved  public  lands  of  the  United  States  exclusive  of  Alaska  which 
have  been  withdrawn  or  classified  as  coal  lands,  or  are  valuable  for  coal,  shall 
be  subject  to  appropriate  entry  under  the  homestead  laws  by  actual  settlers 
only,  the  desert-land  law,  to  selection  under  section  four  of  the  Act  approved 
August  eighteenth,  eighteen  hundred  and  ninety-four,  known  as  the  Carey  Act, 
and  to  withdrawal  under  the  Act  approved  June  seventeenth,  nineteen  hundred 
and  two,  known  as  the  Reclamation  Act,  whenever  such  entry,  selection,  or 
withdrawal  shall  be  made  with  a  view  of  obtaining  or  passing  title,  with  a 
reservation  to  the  United  States  of  the  coal  in  such  lands  and  of  the  right  to 
prospect  for,  mine,  and  remove  the  same.  But  no  desert  entry  made  under  the 
provisions  of  this  Act  shall  contain  more  than  one  hundred  and  sixty  acres,  and 
all  homestead  entries  made  hereunder  shall  be  subject  to  the  conditions,  as  to 
residence  and  cultivation,  of  entries  under  the  Act  approved  February  nine- 
teenth, nineteen  hundred  and  nine,  entitled  "An  Act  to  provide  for  an  enlarged 
homestead:"  Provided,  That  those  who  have  initiated  nonmineral  entries, 
selections,  or  locations  in  good  faith  prior  to  the  passage  of  this  Act,  on  lands 
withdrawn  or  classified  as  coal  lands  may  perfect  the  same  under  the  provisions 
of  the  laws  under  which  said  entries  were  made,  but  shall  receive  the  limited 
patent  provided  for  in  this  Act. 

Sec.  2.  That  any  person  desiring  to  make  entry  under  the  homestead  laws 
or  the  desert-land  law,  any  State  desiring  to  make  selection  under  section  four 
of  the  Act  of  August  eighteenth,  eighteen  hundred  and  ninety-four,  known  as 
the  Carey  Act,  and  the  Secretary  of  the  Interior  in  withdrawing  under  the 
Reclamation  Act  lands  classified  as  coal  lands,  or  valuable  for  coal,  with  a  view 
of  securing  or  passing  title  to  the  same  in  accordance  with  the  provisions  of 
said  Acts,  shall  state  in  the  application  for  entry,  selection,  or  notic'e  of  with- 
drawal that  the  same  is  made  in  accordance  with  and  subject  to  the  provisions 
and  reservations  of  this  Act. 

Sec.  3.  That  upon  satisfactory  proof  of  full  compliance  with  the  provisions 
of  the  laws  under  which  entry  is  made,  and  of  this  Act,  the  entryman  shall  be 
entitled  to  a  patent  to  the  land  entered  by  him,  which  patent  shall  contain  a 
reservation  to  the  United  States  of  all  the  coal  in  the  lands  so  patented, 
together  with  the  right  to  prospect  for,  mine,  and  remove  the  same.  The  coal 
deposits  in  such  lands  shall  be  subject  to  disposal  by  the  United  States  in 
accordance  with  the  provisions  of  the  coal-land  laws  in  force  at  the  time  of 
such  disposal.  Any  person  qualified  to  acquire  coal  deposits  or  the  right  to  mine 
and  remove  the  coal  under  the  laws  of  the  United  States  shall  have  the  right,  at 
all  times,  to  enter  upon  the  lands  selected,  entered,  or  patented,  as  provided  by 
this  Act,  for  the  purpose  of  prospecting  for  coal  thereon  upon  the  approval  by 
the  Secretary  of  the  Interior  of  a  bond  or  undertaking  to  be  filed  with  him  as 
security  for  the  payment  of  all  damages  to  the  crops  and  improvements  on  such 
lands  by  reason  of  such  prospecting.  Any  person  who  has  acquired  from  the 
United  States  the  coal  deposits  in  any  such  land,  or  the  right  to  mine  or  remove 
the  same,  may  reenter  and  occupy  so  much  of  the  surface  thereof  as  may  be 
required  for  all  purposes  reasonably  incident  to  the  mining  and  removal  of  the 
coal  therefrom,  and  mine  and  remove  the  coal,  upon  payment  of  the  damages 
caused  thereby  to  the  owner  thereof,  or  upon  giving  a  good  and  sufficient  bond 
or  undertaking  in  an  action  instituted  in  any  competent  court  to  ascertain  and 
fix  said  damages:  Provided,  That  the  owner  under  such  limited  patent  shall 
have  the  right  to  mine  coal  for  use  upon  the  land  for  domestic  purposes  at  any 
time  prior  to  the  disposal  by  the  United  States  of  the  coal  deposits:  Provided 
further,  That  nothing  herein  contained  shall  be  held  to  deny  or  abridge  the 
right  to  present  and  have  prompt  consideration  of  application  to  locate,  enter, 
or  select,  under  the  land  laws  of  the  United  States,  lands  which  have  been 
classified  as  coal  lands  with  a  view  of  disproving  such  classification  and  securing 
a  patent  without  reservation. 

Approved,  June  22,  1910  (3f  Stat.  L.,  583). 

Department  of  the  Interior, 

General  Land  Office, 


319 

X 

Washington,  D.  C.,  September  27,  1910. 

Amendment   to   circular   of   September  8,    1910,   of   instructions   under  the 
Act  approved  June  22,  1910  (36  Stat.,  5S3),  "To  provide  for  agricultural  entries 
on  coal  lands. " 
Eegisters  and  Eeceivcrs, 

United  States  Land  Offices. 

Sirs:  The  circular  approved  September  8,  1910,  of  instructions  under  the 
Act  of  June  22,  1910  (36  Stat.,  583),  entitled  "An  Act  to  provide  for  agricul- 
tural entries  on  coal  lands,"  is  hereby  amended  by  striking  out  the  second 
sentence  of  section  7,  paragraph  (a),  thereof,  and  substituting  therefor  the 
following: 

Like  notation  will  be  made  by  you  across  the  face  of  the  notice  of  allow- 
ance (Form  4-279)  issued  on  applications  to  enter  or  select  lands  under  the 
provisions  of  this  Act. 

Also  by  striking  out  the  second  sentence  of  paragraph  (c)  of  said  section  7, 
and  substituting  in  lieu  thereof  the  following: 

You  will  make  like  notation  on  each  coal  entry  final  certificate,  and  notice 
of  allowance  issued  by  you  for  coal  deposits  disposable  under  this  Act. 

Very  respectfully, 

Fred  Dennett,  Commissioner. 
Approved,  September  27,  1910: 

Frank  Pierce,  Acting  Secretary. 

[In  Reply  Please  Refer  to  Circular  Xo.  79.] 

Department  of  the  Interior, 

General  Land  Office, 

Washington,  February  8,  1912. 

Instructions  Under  the  Acts  of  March  3,  1909   (35  Stat.,  844),  and  June  22, 

1910  (36  Stat.,  583). 
Registers  and  Receivers, 

United  States  Land  Offices. 

Sirs:  The  purpose  of  this  circular  is  to  impress  upon  you  the  necessity  for 
a  careful  review  of  the  circulars  of  September  7.  1909  (38  L.  D.,  183),  and  Sep- 
tember 8,  1910  (39  L.  D.,  179),  relating  respectively  to  the  Acts  of  March  3, 

1909,  and  June  22,  1910,  providing  for  the  granting  of  surface  title  to  coal 
lands,  it  being  apparent  that  there  exists  considerable  misunderstanding  as  to 
the  effect  and  distinguishing  features  of  said  Acts. 

The  following  general  suggestions  will  be  found  helpful: 

(1)  Where  an  entry,  selection,  or  location  is  made  upon  lands  subsequently 
classified,  claimed,  or  reported  as  being  valuable  for  coal,  the  entryman,  selector, 
or  locator,  having  submitted  satisfactory  proof  of   compliance   with   the   laws 
under  which  he  claims,  may  elect,  upon  the  form  provided,  to  accept  a  patent 
containing  a  reservation  to  the  United  States  of  all  coal  in  the  lands.     (See 
circular  of  September  7,  1909.) 

(2)  Where  an  entry,  selection,  or  location  was  made  prior  to  June  22, 

1910,  upon  lands  which  at  the  time  of  the  initiation  of  such  entry,  selection,  or 
location,  were  classified,  claimed,  or  reported  as.  valuable  for  coal,  the  claimant 
may  perfect  title  under  the  provisions  of  the  law  under  which  his  claim  was 
initiated,  but  shall   receive  the  limited  patent  provided  for  by  Sec.  3  of  the 
Act  of  June  22,  1910.     There   is  no  right   of  election  in  such   cases  and  you 
should  not  accept  elections  as  in  case  of  entries  coming  within  the  provisions 
of  the  Act  of  March  3,  1909.     The  procedure  in  cases  of  this  kind  is  set  out  in 
paragraph  3b,  of  the  circular  of   September  8,  1910.     The  claimant   may  join 
issue  as  to  the  character  of  the  land  or  may  waive  that  right.     Should  he  file 
such  waiver  or  default  after  proper  notice,  the  limited  patent  will  issue  in  the 
absence  of  other  objection,  and  in  cases  where  the  right  to  dispute  the  alleged 
coal  character  of  the  land  is  so  waived  or  default  made,  upon  the  submission 
of  satisfactory  proof  you  should  make  proper  notations  on  the  final  certificate 
and  the  records  of  your  office. 

(3)  Since  June  22,  1910,  claims  may  be  initiated  with  a  view  to  acquiring 
surface  title  to  lands  which  have  been  withdrawn  or  classified  as  coal  lands  or 
are  valuable  for  coal,  only  in  accordance  with  the  provisions  of  the  Act  of  that 
date.     (See  paragraph  3a.  circular  of  September  8,  1910.) 

It  is  believed  that  the  foregoing,  if  carefully  road  in  connection  with  the 
circulars  referred  to,  will  render  it  easy  to  determine  whether  the  disposition 
of  a  case,  where  the  coal  question  is  involved,  is  governed  by  the  Act  of  March 
3,  1909,  the  Act  of  June  22,  1910,  or  the  proviso  to  Sec.  1  of  the  latter  Act,  and 


320 

thus  avoid  the  delay  incurred  by  the  necessity  for  supplemental  action  by  this 
office.  \rery  respectfully, 

Fred  Dennett,  Commissioner. 

SECOND  HOMESTEAD  ENTRIES. 
Under  Special  Acts  of  Congress  and  Under  Equitable  Rule. 

Second  homestead  entries  may  be  made  by  the  following  classes 
of  persons,  if  they  are  otherwise  qualified  to  make  entry  : 

(a)  By  a  former  entryman  who  commuted  his  entry  prior  to 
June  5, 1900. 

(b)  By  a  homestead  entryman  who,  prior  to  May  17,  1900,  paid 
for  lands  to  which  he  would  have  been  afterwards  entitled  to  receive 
patent  without  payment  under  "Free  Homestead  Act."  . 

(c)  By  any   person  whose  former  entry  was  made   prior   to 
February  3,  1911,  which  entry  has  been  specifically  lost,  forfeited  or 
abandoned  for  any  cause,  provided  the  former  entry  was  not  can- 
celed for  fraud  or  relinquished  or  abandoned  for  a  valuable  con- 
sideration in  excess  of  the  filing  fees  paid  on  said  former  entry. 
If  an  entryman  received  for  relinquishing  or  abandoning  his  entry 
an  amount  in  excess  of  the  fees  and  commissions  paid  to  the  United 
States  at  the  time  of  making  said  entry,  or  if  he  sells  his  improve- 
ments for  a  sum  in  excess  of  said  filing  fees  and  relinquishes  his 
entry  in  connection  therewith,  he  can  not  make  a  second  entry. 

(d)  By  persons  whose  original  entries  have  failed  because  of 
the  discovery,  subsequent  to  entry,  of  obstacles  which  could  not 
have  been  foreseen,  and  which  render  it  impracticable  to  cultivate 
the  land,  or  because,  subsequent  to  entry,  the  land  becomes  useless 
for  agricultural  purposes  through  no  fault  of  the  entryman.    There 
is  no  specific  statute  authorizing  the  making  of  second  entries  and 
these  classes  of  cases,  and  such  entries  are  allowed  under  the  gen- 
eral equitable  power  of  the  Land  Department  to  grant  relief  in  cases 
of  accident  and  mistake. 

(e)  Any  person  who  has  already  made  final  proof  for  less  than 
160  acres  under  the  homestead  laws,  may,  if  he  is  otherwise  quali- 
fied, make  a  second  or  additional  entry  for  such  an  amount  of  public 
land  as  will,  when  added  to  the  amount  for  which  he  has  already 
made  proof,  not  to  exceed  in  the  aggregate  160  acres. 

See  Enlarged  Homestead  Act,  and  instructions  thereunder.   Also 
Three-Year  Homestead  law,  pages  303  to  311. 

(f)  Any  person  desiring  to  make   a  second  entry  must  first 
select  and  inspect  the  lands  he  intends  to  enter,  and  then  make 
application  therefor  on  blanks  furnished  by  the  Register  and  Re- 
ceiver.    Each  application  must  state  the  date  and  number  of  the 
former  entry  and  the  Land  Office  at  which  it  was  made,  or  give  the 
section,  township,  and  range  in  which  the  land  entered  was  located. 
Any  person  coming  within  paragraphs  (a),  (b)  or  (e),  above,  must 
state  the  date  when  and  how  the  former  entry  was  perfected.     Any 
person  coming  within  paragraph  (c)  above,  must  show,  by  an  oath 
of  himself  and  some  other  person  or  persons,  the  time  when  his 
former  entry  was  lost,  forfeited  or  abandoned ;  that  it  was  not  can- 
celled for  fraud;  and  the  consideration,  if  any,  received  for  the 
abandonment  or  relinquishment. 

Any  person  mentioned  in  paragraph  (d),  above,  must,  in  addi- 
tion to  the  above  evidence  as  to  date  and  description  of  his  former 


321 

entry,  date  of  abandonment,  and  receipt  of  consideration,  show,  by 
duly  corroborated  affidavits,  the  grounds  on  which  he  seeks  relief 
and  that  he  used  due  diligence  prior  to  entry  to  avoid  any  mistake. 

(g)  A  person  who  has  made  and  lost,  forfeited,  or  abandoned 
an  entry  of  less  than  160  acres  is  not  entitled  to  make  another  entry 
unless  he  comes  within  paragraph  (c)  or  (d)  above.  Such  a  person 
can  not  make  another  entry  merely  because  his  first  entry  contained 
less  than  160  acres. 

(14)  An  additional  homestead  entry  may  be  made  by  a  person 
for  such  an  amount  of  public  lands  adjoining  lands  then  held  and 
resided  upon  by  him  under  his  original  entry  as  will,  when  added  to 
such  adjoining  lands,  not  exceed  in  the  aggregate  160  acres.  An 
entry  of  this  kind  may  be  made  by  any  person  who  has  not  acquired 
title  to  and  is  not,  at  the  date  of  his  application,  claiming  under 
any  of  the  agricultural  land  laws,  other  settlement  or  entry  made 
since  August  30,  1890,  and  other  lands,  which,  with  the  land  then 
applied  for,  would  exceed  in  the  aggregate  320  acres,  but  the 
applicant  will  not  be  required  to  show  any  of  the  other  qualifica- 
tions of  a  homestead  entryman.  (See  Enlarged  Homestead  Act  and 
instructions  thereunder,  page  317 ;  also  Three-Year  Homestead  Law, 
pages  303-311.) 

An  adjoining  farm  entry  may  be  made  for  such  an  amount  of 
public  lands  lying  contiguous  to  lands  owned  and  resided  upon  by 
the  applicant  as  will  not,  with  the  lands  so  owned  and  resided  upon, 
exceed  in  the  aggregate  160  acres,  but  no  person  will  be  entitled  to 
make  entry  of  this  kind  who  is  not  qualified  to  make  an  original 
homestead  entry.  A  person  who  has  made  one  homestead  entry, 
although  for  a  less  amount  than  160  acres,  and  perfected  title 
thereto,  is  not  qualified  to  make  an  adjoining  farm  entry.  (See  also 
Reclamation  Homesteads,  page  171.) 

EQUITABLE  RULE. 

As  stated  under  subdivision  (d)  of  the  title  Second  Homesteads, 
a  second  homestead  may  be  made  where  the  original  entry  failed 
because  of  the  discovery  subsequent  to  entry,  of  obstacles  which 
could  not  have  been  foreseen  and  which  render  it  impracticable  to 
cultivate  the  land,  or  because,  subsequent  to  entry  the  land  becomes 
useless  for  agricultural  purposes  through  no  fault  of  the  entryman. 
This  class  of  entries  are  allowed  under  the  general  equitable  power 
of  the  Land  Department  to  grant  relief  in  cases  of  accident  and 
mistake. 

The  Act  of  April  28,  1904,  the  Act  of  February  8,  1908,  and  the 
Act  of  February  3,  1911,  are  very  similar  in  their  provisions.  These 
Acts  did  not  divest  the  Department  of  its  equitable  powers  to  grant 
relief  as  above  indicated  on  the  ground  of  accident  or  mistake. 

By  decision  of  the  Department  in  the  case  of  Maraduke  AYilliam 
Matthews,  38  L.  D.,  406,  the  rule  announced  in  the  case  of  Finsans 
Frhardt,  36  L.  D.,  154,  paragraph  9  of  the  Instructions  of  June  11, 

1907,  35  L.  D.,  590,  and  paragraph  8  of  Instructions,  February  29, 

1908,  36  L.  D.,  291,  which  held  to  the  contrary  view,  were  overruled. 
In  the  Maraduke  case  (38  L.  D.)  it  is  said,  on  page  408: 

"Accident  and  mistake  are  inevitable  in  human  affairs.  The  object  of  Con- 
gress and  the  object  of  the  citizen  in  accepting  its  offer  must  sometimes  fail  of 
accomplishment  through  no  fault  of  the  entryman.  The  Land  Department 


322 

having  all  and  sole  jurisdiction  to  administer  the  Act,  necessarily  had  power  to 
grant  relief  in  such  case  as  any  other  tribunal  would  have  in  similar  case  to 
relieve  from  the  hardships  of  accident  and  mistake.  Equitable  rights  are  within 
the  jurisdiction  of  the  Land  Department  to  determine.  Brown  v.  Hitchcock, 
173  U.  S.,  473-8.  It  may  relieve  against  unforeseen  occurrences  not  provided 
for  by  express  statutory  provisions.  Williams  v.  U.  S.,  138  U.  S.,  514-24.  The 
Land  Department  has  been  wont  to  exercise  such  powers  from  the  earliest 
times.  The  rule  of  approximation  is  an  example,  express  restrictive  words  as  to 
area,  that  may  be  entered  under  various  statutes  being  forced  to  yield,  as  to 
fractions  of  subdivisions  to  administrative  necessity  in  order  to  effectuate  the 
spirit  and  purpose  of  the  land  laws.  Instructions  31  L.  D.,  225." 

It  is  further  said  on  page  409  of  the  opinion: 

"This  salutary  and  eminently  equitable  rule  is  not  taken  away  by  the  Act 
of  April  28,  1904,  or  of  February  8,  1908,  supra,  or  by  any  other  Act  of  like 
or  similar  tenor  and  purpose.  Those  Acts  are  remedial  merely.  They  show  no 
purpose  to  take  away  salutary  powers  long  exercised  and  exercised  and  exist- 
ing from  the  organization  of  the  Land  Department.  They  are  not  Acts  of 
limitation  of  power,  but  are  grants  of  right  in  cases  not  within  the  ordinary 
and  long  exercised  power  of  the  Land  Department.  The  instructions  and 
decision  in  the  Finsans  Erhardt  cite  as  authority  for  your  decision,  construing 
these  acts  to  be  limitations  upon  the  power  of  the  Land  Department  to  grant 
relief  in  such  cases,  are  clearly  misconstructions  of  these  relief  acts  and  errone- 
ous and  will  no  longer  be  observed  by  your  office. 

The  opinion  concludes: 

"The  proofs  satisfactorily  show  that  the  object  of  the  homestead  law  and 
intent  of  Mathews  in  making  his  entry  were  defeated  without  his  fault;  that 
the  entry  was  made  by  mistake  as  to  the  character  of  the  land,  which  was 
utterly  worthless  and  incapable  of  cultivation  or  to  be  improved  and  made  a 
home.  He  never,  in  fact,  intelligently  exercised  his  homestead  right  and  it  will 
be  recognized  by  your  office  as  not  exercised  and  not  exhausted  by  his  ill  judged 
and  futile  attempt.  If  no  other  objection  exists  his  application  will  be 
allowed. ' ' 

(Marmaduke  William  Mathews,  38  L.  D.,  406.  See  also  in  this  connection 
the  case  of  Moritz  v.  Hinz,  37  L.  D.,  382). 

By  a  comparison  of  the  Act  of  April  28,  1904,  February  8,  1908, 
and  February  11,  1911,  it  will  be  observed  that  the  Act  of  February 
3,  1911,  is  a  substantial  re-enactment  of  the  other  two  laws  without 
specification  as  to  grounds  for  second  entry,  with  the  additional 
provision  that  the  benefits  of  the  law  should  not  be  extended  to 
those  who  relinquished  their  entry  for  valuable  consideration  in 
excess  of  the  filing  fees,  paid  by  him  on  his  original  entry.  It  is. 
therefore,  apparent  that  Congress  did  not  divest  the  Department 
of  its  equitable  powers  to  grant  relief  in  such  cases. 

In  the  Moritz-Hinz  case  quoted,  the  Secretary  said: 

"Further,  if  the  allegations  set  forth  in  Moritz  patent,  filed  in  support  of 
his  application  for  second  entry,  be  true,  he  has  never,  in  fact,  enjoyed  the 
privileges  intended  to  be  extended  under  the  homestead  laws.  In  July,  1905, 
he  made  his  first  entry  after  visiting  and  examining  the  land  and  judging  it  to 
be  cultivable.  Subsequently  he  found  it  was  the  bed  of  a  lake,  free  from 
water  only  in  dry  weather,  and  he  was  unable  to  cultivate  it.  He  had  never 
improved  or  lived  on  it,  having  found  it  impossible  to  do  so.  He  entered  the 
land  in  good  faith  and  relinquished  it  without  consideration.  Such  statement, 
if  true,  rendered  the  land  uninhabitable  and  uncultivable,  so  that  the  object  of 
the  homestead  law  was  effectually  defeated  and  he  has  not  in  fact  had  an 
entry  under  the  homestead  law.  Departmental  decision  of  June  1st,  1908,  supra, 
holding  otherwise,  is  vacated  and  recalled,  nor  is  it  necessary  now  to  order  a 
hearing  on  Hinz  protest  and  application."  .  .  . 

The  following  instruction  was  issued  by  the  General  Land  Office 
on  March  29,  1910,  concerning  this  subject. 


323 

"SECOND  HOMESTEAD  ENTRIES. 

Instructions. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  March  29,  1910. 
Registers  and  Receivers,  United  States  Land  Office. 

Gentlemen:  Under  date  of  February  1st,  1910,  in  the  case  of  Maraduke 
William  Mathews  (38  L.  D.,  406)  the  Department  held  that  the  Act  of  Febru- 
ary 8,  1908  (3o  Stat.,  6),  was  not  a  limitation  of  the  equitable  powers  of  the 
Land  Department  to  grant  relief  in  cases  of  accident  and  mistake.  Second 
entries  will,  therefore,  be  allowed  by  this  office,  although  the  applicant  does 
not  come  within  the  Act  of  February  8,  1908,  supra,  when  it  satisfactorily 
appears  that  obstacles  which  could  not  have  been  foreseen  and  which  render 
it  impracticable  to  cultivate  the  land,  are  discovered  subsequent  to  entry,  or 
where,  subsequent  to  entry,  and  through  no  fault  of  the  entryman,  the  land 
becomes  useless  for  agricultural  purposes.  When  an  application  is  presented 
which  can  be  allowed  under  any  Act  of  Congress,  you  will  allow  the  same  as 
you  are  required  to  do  under  the  present  regulations.  When  an  application  is 
presented  which  does  not  come  within  the  purview  of  any  Act  of  Congress,  you 
will  not  reject  the  same,  but  will  make  the  proper  notations  on  your  records, 
and  forward  the  application  to  this  office,  with  appropriate  recommendations. 

Paragraphs  6  and  8  of  circular  of  February  29,  1908  (36  L.  D.,  291),  are 
accordingly  modified.  Very  respectfully, 

Fred  Dennett,  Commissioner. 
Approved: 

R.  A.  Ballinger,  Secretary." 

Persons  applying  to  make  entry  of  lands  under  this  rule  are 
required  to  present  their  evidence,  duly  corroborated,  showing  the 
nature  of  the  mistake  or  accident,  the  character  of  the  land,  how 
the  mistake  was  made,  what  facts  render  the  land  uninhabitable 
and  unfit  for  cultivation,  when  the  mistake  was  discovered,  what 
precautions,  if  any,  were  employed  to  avoid  accident  and  mistake, 
in  fact  the  affidavit  should  contain  a  complete  statement  of  all  the 
facts  and  circumstances  surrounding  the  examination  of  the  land 
before  entry  thereof. 

In  addition  to  the  cases  cited,  the  rule  has  been  invoked  in  the 
following  cases: 

"A  second  homestead  entry  is  permissible,  where  the  first  is 
made  in  good  faith,  where  the  land  covered  thereby  is  uninhabit- 
able on  account  of  the  non-potable  character  of  the  water  obtained 
thereon." 

"Where  the  right  to  make  a  second  rests  on  the  non-inhabitable 
character  of  the  land  covered  by  the  first,  the  facts  as  to  the  nature 
and  condition  of  both  tracts  should  be  clearly  set  forth."  (William 

E.  Jones,  9  L.  D.,  207.) 

"The  inability  of  the  entryman  to  secure  water  fit  for  domestic 
use  on  the  first  entered  is  a  sufficient  cause  for  the  allowance  of  the 
second,  if  due  diligence  and  good  faith  are  made  apparent."  (Chas. 

F.  Babcock,  9  L.  D.,  333.) 

"A  second  homestead  entry  may  be  allowed,  Avhere  the  land  em- 
braced in  the  first  docs  not  afford  a  supply  of  Avater  fit  for  domestic 
use,  and  the  entryman  does  not  appear  to  have  been  wanting  in 
diligence  or  good  faith."  (Louis  Wilson,  21  L.  D.,  391.) 

"The  right  to  make  a  second  homestead  entry  may  be  recognized 
where  the  first  was  cancelled  on  account  of  the  entryman 's  failure 
to  establish  residence,  and  such  failure  was  due  to  circumstances 
beyond  his  control."  (Chas.  A.  Garrison,  22  L.  D.,  179.) 

"The  right  to  make  a  second  homestead  entry  may  be  accorded 


324 

to  one  who  in  good  faith  relinquishes  the  first  on  account  of  an 
adverse  claim  asserted  to  the  land  included  therein."  (Anna  Lee, 
24  L.  D.,  531.) 

"The  right  to  make  a  second  may  be  recognized  where  the  first 
through  mistake  was  not  made  for  the  land  intended,  and  was 
accordingly  relinquished."  (Bohun  v.  Brest,  24  L.  D.,  16.) 

"A  second  entry  will  not  be  allowed  on  account  of  the  worthless 
character  of  the  land  covered  by  the  first,  if  such  entry  was  made 
without  examination  of  the  land."  (Alix  Heipfner,  26  L.  D.,  23.) 

"The  right  to  make  a  second  entry  will  not  be  accorded  to  one 
who  relinquishes  his  prior  entry  on  account  of  a  money  considera- 
tion or  its  equivalent."  (North  Perry  Townsite  et  al.  v.  Malone, 
23  L.  D.,  87.) 

"Permission  to  make  a  second  homestead  entry  may  be  accorded 
where  there  is  no  adverse  claim,  and  the  first  is  relinquished  on 
account  of  the  worthless  character  of  the  land,  and  the  applicant, 
under  the  circumstances,  is  not  chargeable  with  negligence  in  the 
premises."  (John  Herkowski,  28  L.  D.,  259.) 

In  cases  where  obstacles  which  could  not  have  been  foreseen  and 
render  it  impracticable  to  cultivate  the  land  are  discovered  subse- 
quent to  entry,  such  as  the  impossibility  of  obtaining  \vater  by 
digging  wells  or  otherwise,  or  where  subsequent  to  entry  and 
through  no  fault  of  the  homesteader,  the  lands  become  useless  for 
agricultural  purposes,  as  would  the  deposit  of  tailings  in  the  chan- 
nel of  a  stream,  a  dam  is  formed,  causing  the  waters  to  overflow, 
entry  may,  in  the  discretion  of  the  Commissioner  of  the  General 
Land  Office  be  cancelled  and  a  second  entry  allowed;  but  in  the 
event  of  a  new  entry  the  party  will  be  required  to  show  the  same 
compliance  with  law  in  connection  therewith  as  though  he  had  not 
made  a  previous  entry  and  must  pay  the  proper  fees  and  commis- 
sions on  the  same.  (See  page  19,  Circular  January  25,  1904.) 

SPECIAL  STATUTES. 

Several  statutes  of  special  character  have  been  enacted  having  a  local 
application,  viz.:  Statutes  of  March  2,  1889  (25  Stat.  L.,  1004,  Sees.  12,  13,  14 
and  15;  February  13,  1893  (27  Stat.  L.,  563),  in  reference  to  certain  Indian  lands 
in  Oklahoma;  September  29,  1890  (26  Stat.  L.,  496),  in  reference  to  certain  for- 
feited railroad  lands;  March  3,  1891  (26  Stat.  L.,  1043),  in  reference  to  Crow 
Indian  lands  in  Montana,  and  June  6,  1900  (31  Stat.  L.,  672-680),  with  reference 
to  Comanche,  Kiowa  and  Apache  lands  in  Oklahoma  Territory;  as  well  as  Acts 
opening  Sioux  Rosebud,  Flathead,  Coeur  d'Alene,  Colville,  Yakima,  Umatilla, 
Fort  Peck,  Fort  Belknap,  Fort  B«rthold,  Cheyenne,  Shoshone  and  other  Indian 
reservations  and  lands,  and  the  Act  of  June  11,  1906,  relating  to  homestead 
entries  within  national  forests. 

These  statutes  make  the  exception  in  favor  of  parties  who  have  made 
entries  prior  to  the  respective  dates  of  approval  thereof,  leaving  the  rule  to 
operate  unimpaired  with  respect  to  cases  thereafter  arising. 

For  Act  February  3,  1911,  see  page  531. 

SUGGESTIONS  TO  HOMESTEADERS  AND  PERSONS  DESIR- 
ING TO  MAKE  HOMESTEAD  ENTRIES. 

1.  Information  necessary  to  persons  desiring  to  make  entry. 

2.  Kind  of  land  subject  to  homestead  entry. 

3.  How  claims  under  the  homestead  law  originate. 

4.  Settlements  made  under  the  homestead  laws. 

5.  Soldiers'  and  sailors'  declaratory  statements. 

6.  By  whom  homestead  entries  may  be  made. 

7.  When  a  married  woman  may  make  a  homestead  entry. 


325 

8.  Eight  of  wife  of  entryman  to  contest  entry. 

9.  Right  of  minor  children  to  make  proof  on  entry. 

10.  Marriage  of  entrywoman  after  entry. 

11.  Entry  by  widow. 

12.  Entry  by  soldier  or  sailor. 

13.  By  whom  second  homestead  entries  may  be  made. 

14.  Amount  of  land  in  additional  entry.  t 

15.  Qualifications  for  adjoining  farm  entry. 

16.  How  homestead  entries  are  made. 

17.  Applications  and  affidavits. 

18.  Applications  to  make  second  homestead  entries. 

19.  Preferred  right  of  entry. 

20.  Applications  by  soldiers  or  sailors. 

21.  Rights  of  widows,  heirs,  or  devisees  under  the  homestead  laws. 

22.  Final  proof  by  widow. 

23.  Right  of  heirs  of  contestant  to  make  entry. 

24.  Entry  by  widow  or  heirs   of  soldiers  of  War  of  Rebellion,  Spanish- 

American  War,  or  Philippine  insurrection. 

25.  Residence  and  cultivation. 

26.  Amount  of  cultivation  and  improvements  required. 

27.  Actual  residence. 

28.  Residence  and  cultivation  by  soldiers  and  sailors. 

29.  Residence  by  sailor  or  soldier  during  enlistment. 

30.  Residence  and  cultivation  by  widows  and  minor  children  of  soldiers 

and  sailors. 

31.  Residence  and  cultivation  by  widow  or  heirs  of  settlers. 

32.  Cultivation  of  entry  by  widow  or  heirs  of  entryman. 

33.  Residence  by  entrymen  elected  to  Federal,  State,  or  county  office. 

34.  Residence  on  land  covered  by  adjoining  farm  entry. 

35.  Residence  and  cultivation  by  insane  entryman. 

36.  Leaves  of  absence. 

37.  Commutation  of  homestead  entries. 

38.  Homestead  final  and  commutation  proof. 

39.  By  whom  proof  may  be  offered. 

40.  How  proofs  may  be  made. 

41.  Publication  fees. 

42.  Duty  of  officers  before  whom  proofs  are  made. 

43.  Fees  and  commissions. 

44.  Alienation. 

45.  Relinquishments. 

46.  Enlarged  homestead  entries;  kind  of  land  subject  to  entry. 

47.  Designation  of  lands. 

48.  Compactness;  fees. 

49.  Form  of  application. 

50.  Additional  entries. 

51.  Final    proof    on    original    and    additional    entries;    commutation    not 

allowed. 

52.  Right  of  entry. 

53.  Constructive  residence  on  certain  lands  in  Utah. 

54.  Constructive  residence  permitted  on  certain  lands  in  Idaho. 

55.  Officers  before  whom  applications  and  proofs  may  be  made. 
Appendix  No.  1,  page  342;  No.  2,  page  344;  No.  3,  page  345;  No.  4,  page 

346;  No.  5,  page  348;  No.  6,  page  348;  No.  7,  page  348;  No.  8,  page  353;  No.  £», 
page  337;  No.  10,  page  348;  No.  11,  page  337;  No.  12,  page  337;  No.  13,  page 
337;  No.  14,  page  348;  No.  15,  page  337. 

LIST  OF  UNITED  STATES  LAND  OFFICES. 

The  General  Land  Office  does  not  issue  maps  showing  the  location  of  vacant 
public  land  subject  to  entry.  This  information  can  be  reliably  obtained  only 
from  the  records  of  the  various  district  land  offices,  which  are  located  as  follows: 

Alabama:  Arizona:  California:  California — Cont. 

Montgomery.  Phoenix.  Eureka.  San  Francisco. 

Alaska:  Arkansas:  Independence.  Susanville. 

Fairbanks.  Camden.  Los  Angeles.  Visalia. 

Juneau.  Harrison.  Redding.  Colorado: 

Nome,  Little   Rock.  Sacramento.  Del  Norte. 


326 


Colorado  —  Cont. 

Minnesota  —  Cont. 

New  Mexico: 

Denver. 

Crookston. 

Clayton. 

Durango. 

Duluth. 

Fort  Sumner. 

Glenwood  Sp'gs. 

Mississippi: 

Las  Cruces. 

Hugo. 

Jackson. 

Roswell. 

Lamar. 

Missouri: 

Santa  Fe. 

Leadville. 

Springfield. 

Tucumcari. 

Montrose. 

Montana: 

North  Dakota: 

Pueblo. 

Billings. 

Bismarck. 

Sterling. 

Bozeman. 

Devils    Lake. 

Florida: 

Glasgow. 

Dickinson. 

Gainesville. 

Great  Falls. 

Fargo. 

Idaho: 

Havre. 

Minot. 

Blackfoot. 

Helena. 

Williston. 

Boise. 

Kalispell. 

Oklahoma: 

Coeur  d'Alene. 

Lewistown. 

Guthrie. 

Hailey. 

Miles  City. 

Lawton. 

Lewiston. 

Missoula. 

Woodward. 

Kansas: 

Nebraska: 

Oregon: 

Dodge  City. 

Alliance. 

Burns. 

Topeka. 

Broken  Bow. 

La  Grande. 

Louisiana: 

Lincoln. 

Lakeview. 

Baton  Rouge. 

North  Platte. 

Portland. 

Michigan: 

O  'Neill. 

Roseburg. 

Marquette. 

Valentine. 

The  Dalles. 

Minnesota: 

Nevada: 

Vale. 

Cass  Lake. 

Carson  City. 

South  Dakota: 

Bellefourche. 

Chamberlain. 

Gregory. 

Lemmon. 

Pierre. 

Rapid  City. 

Timber  Lake. 
Utah: 

Salt   Lake   City. 

Vernal. 
Washington: 

North   Yakima. 

Olympia. 

Seattle. 

Spokane. 

Vancouver. 

Walla  Walla. 

Waterville. 
Wisconsin: 

Wausau. 
Wyoming: 

Buffalo. 

Cheyenne. 

Douglas. 

Evanston. 

Lander. 

Sundance. 

No  specific  descriptions  of  the  character  of  the  land,  climate,  water,  or 
timber  can  be  given  by  the  General  Land  Office. 

Unoccupied  public  lands,  subject  to  settlement  and  entry,  are  to  be  found 
in  all  the  States  and  Territories  west  of  the  Mississippi  River,  except  Iowa 
and  Texas.  There  is  also  considerable  vacant  public  land  in  the  States  of 
Michigan,  Florida,  Alabama,  and  Mississippi. 

Persons  who  desire  to  make  homestead  entry  should  first  decide  where 
they  wish  to  locate,  then  go  or  write  to  the  local  land  office  of  the  district  in 
which  the  lands  are  situated,  and  obtain  from  the  records  diagrams  of  vacant 
lands. 

A  personal  inspection  of  the  lands  should  be  made  to  ascertain  if  they  are 
suitable,  and,  when  satisfied  on  this  point,  entry  can  be  made  at  the  local 
land  office  in  the  manner  prescribed  by  law,  under  the  direction  of  the  local 
land  officers,  who  will  give  the  applicant  full  information.  Should  a  person 
desire  to  obtain  information  in  regard  to  vacant  lands  in  any  district  before 
going  there  for  personal  inspection,  he  should  address  the  register  and  receiver 
of  the  particular  local  land  office,  who  will  give  such  information  as  is  avail- 
able. The  local  land  officers  can  not,  however,  be  expected  to  furnish  extended 
lists  of  vacant  lands  subject  to  entry,  except  through  township  plats,  which 
they  are  authorized  to  sell  as  hereinafter  explained. 

[Circular  No.  10.] 

SUGGESTIONS   TO   HOMESTEADERS   AND  PERSONS 
DESIRING  TO  MAKE  HOMESTEAD  ENTRIES. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  April  20,  1911. 

1.  Persons  desiring  to  make  homestead  entries  should  first  fully 
inform  themselves  as  to  the  character  and  quality  of  the  lands  they 
desire  to  enter,  and  should  in  no  case  apply  to  enter  until  they  have 
visited  and  fully  examined  each  legal  subdivision  for  which  they 
make  application,  as  satisfactory  information  as  to  the  character 
and  occupancy  of  public  lands  can  not  be  obtained  in  any  other 
way. 

As  each  applicant  is  required  to  swear  that  he  is  well  acquainted 


327 

with  the  character  of  the  land  described  in  his  application,  and  as 
all  entries  are  made  subject  to  the  rights  of  prior  settlers,  the  appli- 
cant can  not  make  the  affidavit  that  he  is  acquainted  with  the  char- 
acter of  the  land,  or  be  sure  that  the  land  is  not  already  appropriated 
by  a  settler,  until  after  he  has  actually  inspected  it. 

Information  as  to  whether  a  particular  tract  of  land  is  subject  to 
entry  may  be  obtained  from  the  Register  or  Receiver  of  the  land 
district  in  which  the  tract  is  located,  either  through  verbal  or  writ- 
ten inquiry,  but  these  officers  must  not  be  expected  to  give  informa- 
tion as  to  the  character  and  quality  of  unentered  land  or  to  furnish 
extended  lists  of  lands  subject  to  entry,  except  through  plats  and 
diagrams  which  they  are  authorized  to  make  and  sell  as  follows: 

For  a  township  diagram  showing  entered  land  only $1.00 

For  a  township  plat  showing  form  of  entries,  names  of  claimants,  and  char- 
acter of  entries  2.00 

For  a  township  plat  showing  form  of  entries,  names  of  claimants,  character 

of  entry,  and  number 3.00 

For  a  township  plat  showing  form  of  entries,  names  of  claimants,  character 
of  entry,  number,  and  date  of  filing  or  entry,  together  with  topog- 
raphy, etc 4.00 

Purchasers  of  township  diagrams  are  entitled  to  definite  informa- 
tion as  to  whether  each  smallest  legal  subdivision,  or  lot,  is  vacant 
public  land.  Registers  and  Receivers  are  therefore  required  in  case 
of  an  application  for  a  township  diagram  showing  vacant  lands  to 
plainly  check  off  with  a  cross  every  lot  or  smallest  legal  subdivision 
in  the  township  which  is  not  vacant,  leaving  the  vacant  tracts 
unchecked.  There  is  no  authority  for  Registers  and  Receivers  to 
charge  and  receive  a  fee  of  25  cents  for  plats  and  diagrams  of  a 
section  or  part  of  a  section  of  a  township. 

If  because  of  the  pressure  of  current  business  relating  to  the 
entry  of  lands  Registers  and  Receivers  are  unable  to  make  the  plats 
or  diagrams  mentioned  above,  they  may  refuse  to  furnish  the  same 
and  return  the  fee  to  the  applicant,  advising  him  of  their  reason 
for  not  furnishing  the  plats  requested,  that  he  may  make  the  plats 
or  diagrams  himself,  or  have  same  made  by  his  agent  or  attorney, 
and  that  he  may  have  access  to  the  plats  and  tract  books  of  the 
local  land  office  for  this  purpose,  provided  such  use  of  the  records 
will  not  interfere  with  the  orderly  dispatch  of  the  public  business. 

A  list  showing  the  general  character  of  all  the  public  lands 
remaining  unentered  in  the  various  counties  of  the  public-land 
States  on  the  30th  day  of  the  preceding  June  may  be  obtained  at 
any  time  by  addressing  "The  Commissioner  of  the  General  Land 
Office,  Washington,  D.  C." 

All  blank  forms  of  affidavits  and  other  papers  needed  in  making 
application  to  enter  or  in  making  final  proofs  can  be  obtained  by 
applicants  and  entrymen  from  the  land  office  for  the  district  in 
which  the  land  lies. 

2.  Kind  of  Land  Subject  to  Homestead  Entry. — All  unappro- 
priated surveyed  public  lands  adaptable  to  any  agricultural  use  are 
subject  to  homestead  entry  if  they  are  not  mineral  or  saline  in 
character  and  are  not  occupied  for  the  purposes  of  trade  or  business 
and  have  not  been  embraced  within  the  limits  of  any  withdrawal, 
reservation,  or  incorporated  town  or  city,  but  homestead  entries  on 
lands  within  certain  areas  (such  as  lands  in  Alaska,  lands  withdrawn 


328 

under  the  Reclamation  Act,  certain  ceded  Indian  lands,  lands  within 
abandoned  military  reservations,  agricultural  lands  within  national 
forests,  lands  in  western  and  central  Nebraska,  and  lands  with- 
drawn, classified,  or  valuable  for  coal)  are  made  subject  to  the  par- 
ticular requirements  of  the  laws  under  which  such  lands  are  opened 
to  entry.  None  of  these  particular  requirements  are  set  out  in  these 
suggestions,  but  information  as  to  them  may  be  obtained  by  either 
verbal  or  written  inquiries  addressed  to  the  Register  and  Receiver 
of  the  land  office  of  the  district  in  which  such  lands  are  situated. 

How  Claims  Under  the  Homestead  Law  Originate. 

3.  Claims  under  homestead  laws  may  be  initiated  either  by 
settlement  on  surveyed  or  unsurveyed  lands  of  the  kind  mentioned 
in  the  foregoing  paragraph,  or  by  the  filing  of  a  soldier's  or  sailor's 
declaratory  statement,  or  by  the  presentation  of  an  application  to 
enter  any  surveyed  lands  of  that  kind. 

4.  Settlements  may  be  made  under  the  homestead  laws  by  all 
persons  qualified  to  make  either  an  original  or  a  second  homestead 
entry,  as  explained  in  paragraphs  6  and  13,  and  in  order  to  make 
settlement  a  settler  must  personally  go  upon  and  improve  or  estab- 
lish residence  on  the  land  he  desires.     By  making  settlement  in  this 
way  the  settler  gains  the  right  to  enter  the  land  settled  upon  as 
against  all  other  persons,  but  not  as  against  the  Government  should 
the  land  be  withdrawn  by  it  for  other  purposes. 

A  settlement  made  on  any  part  of  a  surveyed  technical  quarter 
section  gives  the  settler  the  right  to  enter  all  of  that  quarter  section 
which  is  then  subject  to  settlement,  although  he  may  not  place 
improvements  on  each  40-acre  subdivision ;  but  if  the  settler  desires 
to  initiate  a  claim  to  surveyed  tracts  which  form  a  part  of  more 
than  one  technical  quarter  section  he  should  perform  some  act  of 
settlement — that  is,  make  some  improvement — on  each  of  the 
smallest  legal  subdivisions  desired.  When  settlement  is  made  on 
unsurveyed  lands,  the  settler  must  plainly  mark  the  boundaries  of 
all  the  lands  claimed  by  him. 

The  settlement  must  be  made  by  the  settler  in  person,  and  can 
not  be  made  by  his  agent,  and  each  settler  must  within  a  reason- 
able time  after  making  his  settlement,  establish  and  thereafter  con- 
tinuously maintain  an  actual  residence  on  the  land,  and  if  he  fails 
to  do  this,  or,  in  case  of  his  death,  his  widow,  heirs,  or  devisees  fail 
to  continue  cultivation  or  residence,  or  if  he,  or  his  widow,  heirs,  or 
devisees,  fail  to  make  entry  within  three  months  from  the  time  he 
first  settles  on  surveyed  land,  or  within  three  months  from  the 
filing  in  the  local  land  office  of  the  plat  of  survey  of  unsurveyed 
lands  on  which  he  made  settlement,  the  right  of  making  entry  of 
the  lands  settled  on  will  be  lost  in  case  of  an  adverse  claim,  and 
the  land  will  become  subject  to  entry  by  the  first  qualified  applicant. 

5.  Soldiers'  and  sailors'  declaratory  statements  may  be  filed  in 
the  land  office  for  the  district  in  which  the  lands  desired  are  located 
by  any  persons  who  have  been  honorably  discharged  after  ninety 
days'  service  in  the  Army  or  Navy  of  the  United  States  during  the 
"War  of  the  Rebellion  or  during  the  Spanish-American  War  or  the 
Philippine  insurrection.     Declaratory  statements  of  this  character 
may  be  filed  either  by  the  soldier  or  sailor  in  person  or  through  his 
agent  acting  under  a  proper  power  of  attorney,  but  the  soldier  or 


329 

sailor  must  make  entry  of  the  land  in  person,  and  not  through  his 
agent,  within  six  months  from  the  filing  of  his  declaratory  state- 
ment, or  he  may  make  entry  in  person  without  first  filing  a  declara- 
tory statement  if  he  so  chooses.  If  a  declaratory  statement  is  filed 
by  a  soldier  or  sailor  in  person,  it  must  be  executed  by  him  before 
one  of  the  officers  mentioned  in  paragraph  16,  in  the  county  or 
land  district  in  which  the  land  is  situated;  if  filed  through  an  agent, 
the  affidavit  of  the  agent  must  be  executed  before  one  of  the  officers 
above  mentioned,  but  the  soldier's  affidavit  may  be  executed  before 
any  officer  using  a  seal  and  authorized  to  administer  oaths  and  not 
necessarily  within  the  county  or  land  district  in  which  the  land  is 
situated. 

By  Whom  Homestead  Entries  May  Be  Made. 

6.  Homestead  entries  may  be  made  by  any  person  who  does 
not  come  within  either  of  the  following  classes: 

(a)  Married  women,  except  as  hereinafter  stated. 

(b)  Persons  who  have  already  made  homestead  entry,  except 
as  hereinafter  stated. 

(c)  Foreign-born  persons  who  have  not  declared  their  inten- 
tion to  become  citizens  of  the  United  States. 

(d)  Persons  who  are  the  owners  of  more  than  160  acres  of 
land  in  the  United  States. 

(e)  Persons  under  the  age  of  21  years  who  are  not  the  heads 
of  families,  except  minors  who  make  entry  as  heirs,  as  hereinafter 
mentioned,  or  who  have  served  in  the  Army  or  Navy  during  the 
existence  of  an  actual  war  for  at  least  14  days. 

(f)  Persons  who  have  acquired  title  to  or  are  claiming,  under 
any  of  the  agricultural  public-land   laws,  through  settlement  or 
entry  made  since  August  30,  1890,  any  other  lands  which,  with  the 
lands  last  applied  for,  would  amount  in  the  aggregate  to  more  than 
320   acres.     See,  however,  modification  hereof  in  the  regulations 
concerning  enlarged  homestead  entries  (par.  52). 

7.  A  married  woman  who  has  all  of  the  other  qualifications  of  a 
homesteader  may  make  a  homestead  entry  under  any  one  of  the 
following  conditions : 

(a)  Where  she  has  been  actually  deserted  by  her  husband. 

(b)  Where  her  husband  is  incapacitated  by  disease  or  other- 
wise from  earning  a  support  for  his  family  and  the  wife  is  really  the 
head  and  main  support  of  the  family. 

(c)  Where  the  husband  is  confined  in  a  penitentiary  and  she  is 
actually  the  head  of  the  family. 

(d)  Where  the  married  woman  is  the  heir  of  a  settler  or  con- 
testant who  dies  before  making  entry. 

(e)  Where  a  married  woman  made  improvements  and  resided 
on  the  lands  applied  for  before  her  marriage,  she  may  enter  them 
after  marriage  if  her  husband  is  not  holding  other  lands  under  an 
unperfected  homestead  entry  at  the  time  she  applies  to  make  entry. 

8.  If  an  entryman  deserts  his  wife  and  abandons  the  land  cov- 
ered by  his  entry,  his  wife  then  has  the  exclusive  right  to  contest 
the  entry  if  she  has  continued  to  reside  on  the  land,  and  on  securing 
its  cancellation  she  may  enter  the  land  in  her  own  right,  or  she 
may  continue  her  residence  and  make  proof  in  the  name  of  and  as 
the  agent  for  her  husband,  and  patent  will  issue  to  him. 

9.  If  an  entryman  deserts  his  minor  children  and  abandons  his 


330 

entry  after  the  death  of  his  wife,  the  children  have  the  same  right 
to  make  proof  on  the  entry  as  the  wife  could  have  exercised  had 
she  been  deserted  during  her  lifetime. 

10.  The  marriage  of  the  entry  woman  after  making  entry  will 
not  defeat  her  right  to  acquire  title  if  she  continues  to  reside  upon 
the  land  and  otherwise  comply  with  the  law.     A  husband  and  wife 
can  not,  however,  maintain  separate  residences  on  homestead  entries 
held  by  each  of  them,  and  if,  at  the  time  of  marriage,  they  are  each 
holding  an  unperfected  entry  on  which  they  must  reside  in  order 
to  acquire  title,  they  can  not  hold  both  entries.     In  such  case  they 
may  elect  which  entry  they  will  retain  and  relinquish  the  other. 

11.  A  widow,  if  otherwise  qualified,  may  make  a  homestead 
entry  notwithstanding  the  fact  that  her  husband  made  an  entry  and 
notwithstanding  she  may  be  at  the  time  claiming  the  unperfected 
entry  of  her  deceased  husband. 

12.  A  person  serving  in  the  Army  or  Navy  of  the  United  States 
may  make   a  homestead  entry  if  some   member   of  his  family  is 
residing  on  the  lands  applied  for,  and  the  application  and  accom- 
panying affidavits  may  be  executed  before  the  officer  commanding 
the  branch  of  the  service  in  which  he  is  engaged. 

13.  Second  homestead  entries  may  be  made  by  the  following 
classes  of  persons  if  they  are  otherwise  qualified  to  make  entry: 

(a)  By  a  former  entryman  who  commuted  his  entry  prior  to 
June  5,  1900. 

(b)  By  a  homestead  entryman  who,  prior  to  May  17,  1900,  paid 
for  lands  to  which  he  would  have  been  afterwards  entitled  to  receive 
patent  without  payment,  under  the  "Free-Homes  Act."     (Appendix 
No.  3.) 

(c)  By  any  person  whose  former  entry  was  made  prior  to 
February  3,  1911,  which  entry  has  been  subsequently  lost,  forfeited, 
or  abandoned  for  any  cause,  provided  the  former  entry  was  not 
canceled  for  fraud  or  relinquishment  or  abandoned  for  a  valuable 
consideration  in  excess  of  the  filing  fees  paid  on  said  former  entry. 
If  an  entryman  received  for  relinquishing  or  abandoning  his  entry 
an  amount  in  excess  of  the  fees  and  commissions  paid  to  the  United 
States  at  time  of  making  said  entry,  or  if  he  sells  his  improvements 
for  a  sum  in  excess  of  such  filing  fees  and  relinquishes  his  entry  in 
connection  therewith,  he  can  not  make  a  second  entry. 

(d)  By  persons  whose  original  entries  have  failed  because  of 
the  discovery,  subsequent  to  entry,  of  obstacles  which  could  not  have 
been  foreseen  and  which  render  it  impracticable  to  cultivate  the 
land,  or  because,  subsequent  to  entry,  the  land  becomes  useless  for 
agricultural  purposes  through  no  fault  of  the  entryman.     There  is 
no  specific  statute  authorizing  the  making  of  second  entries  in  these 
classes  of  cases,  and  such  entries  are  allowed  under  the  general 
equitable  power  of  the  Land  Department  to  grant  relief  in  cases  of 
accident  and  mistake. 

(e)  Any  person  who  has  already  made  final  proof  for  less  than 
160  acres  under  the  homestead  laws  may,  if  he  is  otherwise  quali- 
fied, make  a  second  or  additional  entry  for  such  an  amount  of  public 
land  as  will,  when  added  to  the  amount  for  which  he  has  already 
made  proof,  not  exceed  in  the  aggregate  160  acres.     See,  however, 
instructions  under  the  Enlarged  Homestead  Act  (par.  52). 

(f)  Any  person  desiring  to  make  a  second   entry  must  first 


331 

select  and  inspect  the  lands  he  intends  to  enter  and  then  make 
application  therefor  on  blanks  furnished  by  the  Eegister  and  Re- 
ceiver. Kach  application  must  state  the  date  and  number  of  the 
former  entry  and  the  land  office  at  which  it  was  made,  or  give  the 
section,  township,  and  range  in  which  the  land  entered  Avas  located. 
Any  person  coming  within  paragraphs  (a),  (b),  or  (e)  above  must 
state  the  date  when  and  how  the  former  entry  was  perfected.  Any 
person  coming  within  paragrapli  (<•)  above  must  show,  by  the  oath 
of  himself  and  some  other  person  or  persons,  the  time  when  his 
former  entry  was  lost,  forfeited,  or  abandoned;  that  it  was  not 
canceled  for  fraud ;  and  the  consideration,  if  any,  received  for  the 
abandonment  or  relinquishment. 

Any  person  mentioned  in  paragraph  (d)  above  must,  in  addi- 
tion to  the  above  evidence  as  to  date  and  description  of  his  former 
entry,  date  of  abandonment,  and  receipt  of  consideration,  show,  by 
duly  corroborated  affidavit,  the  grounds  on  which  he  seeks  relief, 
and  that  he  used  due  diligence  prior  to  entry  to  avoid  any  mistake. 

(g)  A  person  who  has  made  and  lost,  forfeited,  or  abandoned 
an  entry  of  less  than  160  acres  is  not  entitled  to  make  another  entry 
unless  he  comes  within  paragraph  (c)  or  (d)  above.  Such  a  person 
can  not  make  another  entry  merely  because  his  first  entry  contained 
less  than  160  acres. 

14.  An  additional  homestead  entry  may  be  made  by  a  person 
for  such  an  amount  of  public  lands  adjoining  lands  then  held  and 
resided  upon  by  him  under  his  original  entry  as  will,  when  added 
to  such  adjoining  lands,  not  exceed  in  the  aggregate  160  acres.    An 
entry  of  this  kind  may  be  made  by  any  person  who  has  not  acquired 
title  to  and  is  not,  at  the  date  of  his  application,  claiming  under  any 
of  the  agricultural  public-land  laws,  through  settlement  or  entry 
made  since  August  30,  1890,  any  other  lands  which,  with  the  land 
then  applied  for,  would  exceed  in  the  aggregate  340  acres,  but  the 
applicant  will  not  be  required  to  show  any  of  the  other  qualifications 
of  a  homestead  entryman.     See,  however,  instructions  under  the 
Enlarged  Homestead  Act  (par.  50). 

15.  An  adjoining  farm  entry  may  be  made  for  such  an  amount 
of  public  lands  lying  contiguous  to  lands  owned  and  resided  upon 
by  the  applicant  as  will  not,  with  the  lands  so  owned  and  resided 
upon,  exceed  in  the  aggregate  160  acres;  but  no  person  will  be 
entitled  to  make  entry  of  this  kind  wrho  is  not  qualified  to  make 
an  original  homestead  entry.     A  person  who  has  made  one  home- 
stead entry,  although  for  a  less  amount  than  160  acres,  and  per- 
fected title  thereto  is  not  qualified  to  make  an  adjoining  farm  entry. 

How  Homestead  Entries  Are  Made. 

16.  A  homestead  entry  may  be  made  by  the  presentation  to  the 
land  office  of  the  district  in  which  the  desired  lands  are  situated 
of  an  application  properly  prepared  on  blank  forms  prescribed  for 
that  purpose  and  sworn  to  before  either  the  Register  or  the  Receiver, 
or  before  a  United  States  Commissioner,  or  a  United  States  Court 
Commissioner,  or  a  Judge,  or  a  Clerk  of  a  Court  of  record,  in  the 
county  or  parish  in  which  the  land  lies,  or  before  any  officer  of 
the  classes  named  who  resides  in  the  land  district  and  nearest  and 
most  accessible  to  the  land,  although  he  may  reside  outside  of  the 
county  in  which  the  laud  is  situated. 


332 

17.  Each  application  to  enter  and  the  affidavits  accompanying 
it  must  recite  all  the  facts  necessary  to  show  that  the  applicant  is 
acquainted  with  the  land;  that  the  land  is  not  to  the  applicant's 
knowledge,  either  saline  or  mineral  in  character;  that  the  applicant 
possesses  all  of  the  qualifications  of  a  homestead  entryman;  that 
the  application  is  honestly  and  in  good  faith  made  for  the  purpose 
of  actual  settlement  and  cultivation,  and  not  for  the  benefit  of  any 
other  person,  persons,  or  corporation ;  that  the  applicant  will  faith- 
fully and  honestly  endeavor  to  comply  with  the  requirements  of 
the  law  as  to  settlement,  residence,  and  cultivation  necessary  to 
acquire  title  to  the  land  applied  for;  that  the  applicant  is  not  act- 
ing as  the  agent  for  any  person,  persons,  corporation,  or  syndicate 
in  making  such  entry,  nor  in  collusion  with  any  person,  corporation, 
or  syndicate  to  give  them  the  benefit  of  the  land  entered  or  any 
part  thereof;  that  the  application  is  not  made  for  the  purpose  of 
speculation,  but  in  good  faith  to  obtain  a  home  for  the  applicant, 
and  that  the  applicant  has  not  directly  or  indirectly  made  and  will 
not  make,  any  agreement  or  contract  in  any  way  or  manner  with 
any  person  or  persons,   corporation,   or  syndicate  whatsoever  by 
which  the  title  he  may  acquire  from  the  Government  to  the  lands 
applied  for  shall  inure,  in  whole  or  in  part,  to  the  benefit  of  any 
person  except  himself. 

18.  All  applications  to  make  second  homestead  entries  must, 
in  addition  to  the  facts  specified  in  the  preceding  paragraph,  show 
the  number  and  date  of  the  applicant's  original  entry,  the  name  of 
the  land  office  where  the  original  entry  was  made,  and  the  descrip- 
tion of  the  land  covered  by  it,  and  it  should  state  fully  all  the  facts 
which  entitle  the  applicant  to  make  a  second  entry. 

19.  All  applications  by  persons  claiming  as  settlers  must,  in 
addition  to  the  facts  required  in  paragraph  17,  state  the  date  and 
describe  the  acts  of  settlement  under  which  they  claim  a  preferred 
right  of  entry,  and  applications  by  the  widows,  devisees,  or  heirs 
of  settlers  must  state  facts  showing  the  death  of  the  settler  and 
their  right  to  make  entry;  that  the  settler  was  qualified  to  make 
entry  at  the  time  of  his  death,  and  that  the  heirs  or  devisees  apply- 
ing to  enter  are  citizens  of  the  United  States,  or  have  declared  their 
intentions  to  become  such  citizens,  but  they  are  not  required  to 
state  facts  showing  any  other  qualifications  of  a  homestead  entry- 
man, and  the  fact  that  they  have  made  a  former  entry  will  not 
prevent  them  from  making  an  entry  as  such  heirs  or  devisees,  nor 
will  the  fact  that  a  person  has  made  entry  as  the  heir  or  devisee  of 
the  settler  prevent  him  from  making  an  entry  in  his  own  individual 
right,  if  he  is  otherwise  qualified  to  do  so. 

20.  All  applications  by  soldiers,  sailors,  or  their  widows,  or  the 
guardians  of  their  minor  children  should  be  accompanied  by  proper 
evidence  of  the  soldier's  or  sailor's  service  and  discharge,  and  of 
the  fact  that  the  soldier  or  sailor  had  not,  prior  to  his  death,  made 
an  entry  in  his  own  right.     The  application  of  the  widow  of  the 
soldier  or  sailor  must  also  show  that  she  is  unmarried,  and  that 
the  right  has  not  been  exercised  by  any  other  person.     Applica- 
tions for  the  children  of  soldiers  or  sailors  must  show  that  the 
father  died  without  having  made  entry,  that  the  mother  died  or 
remarried  without  making  entry,  and  that  the  person  applying  to 
make  entry  for  them  is  their  legally  appointed  guardian. 


333 


RIGHTS   OP  WIDOWS,   HEIRS,   OR  DEVISEES  UNDER  THE 
HOMESTEAD  LAWS. 

21.  If  .a  homestead  settler  dies  before  he  makes  entry,  his  widow 
has  the  exclusive  right  to  enter  the  lands  covered  by  his  settlement. 
If  there  be  no  widow,  the  right  to  enter  the  lands  covered  by  the 
settlement  passes  to  the  persons  who  are  named  as  heirs  of  the  set- 
tler by  the  laws  of  the  State  in  which  the  land  lies.    If  there  be  no 
widow  or  heirs  the  right  to  enter  the  lands  covered  by  the  settle- 
ment passes  to  the  person  to  whom  the  settler  has  devised  his  rights 
by  a  proper  will ;  but  a  devisee  of  the  claim  will  not  be  entitled  to 
take  when  there  is  a  widow  or  an  heir  of  the  settler.    The  persons 
to  whom  the  settler's  right  of  entry  passes  must  make  entry  within 
the  time  named  in  paragraph  4  or  they  will  forfeit  their  right  to  the 
next  qualified  applicant.     They  may,  however,  make  entry  after 
that  time  if  no  adverse  claim  has  attached. 

22.  If  a  homestead  entryman  dies  before  making  final  proof, 
his  rights  under  his  entry  will  pass  to  his  widow ;  or  if  there  be  no 
widow,  and  the  entryman 's  children  are  all  minors,  the  right  to  a 
patent  vests  in  them  upon  making  publication  of  notice  and  proof 
of  the  death  of  the  entryman  without  a  surviving  widow,  that  they 
are  the  only  minor  children  and  that  there  are  no  adults  heirs  of 
the  entryman,  or  the  land  may  be  sold  for  the  benefit  of  such  minor 
children  in  the  manner  in  which  other  lands  belonging  to  minors 
are  sold  under  the  laws  of  the  State  or  Territory  in  which  the  lands 
are  located. 

If  the  children  of  a  deceased  entryman  are  not  all  minors  and 
his  wife  is  dead,  his  rights  under  the  entry  pass  to  the  persons  who 
are  his  heirs  under  the  laws  of  the  State  or  Territory  in  which  the 
lands  are  situated.  If  there  be  no  widow  or  heirs  of  the  entryman, 
the  rights  under  the  entry  pass  to  the  person  to  whom  the  entryman 
has  devised  his  rights  by  proper  will,  but  a  devisee  of  the  entry  will 
be  entitled  to  take  only  in  the  event  there  is  no  widow  or  heir  of 
the  entryman. 

23.  If  a  contestant  dies  after  having  secured  the  cancellation  of 
an  entry  his  right  as  a  successful  contestant  to  make  entry  passes 
to  his  heirs;  and  if  the  contestant  dies  before  he  has  secured  the 
cancellation  of  the  entry  he  has  contested,  his  heirs  may  continue 
the  prosecution  of  his  contest  and  make  entry  if  they  are  success- 
ful in  the  contest.    In  either  case  to  entitle  the  heirs  to  make  entry 
they  must  show  that  the  contestant  was  a  qualified  entryman  at  the 
date  of  his  death ;  and  in  order  to  earn  a  patent  the  heirs  must 
comply  with  all  the  requirements  of  the  law  under  which  the  entry 
was  made  to  the  same  extent  as  would  have  been  required  of  the 
contestant  had  he  made  entry. 

No  foreign-born  persons  can  claim  rights  as  heirs  under  the 
homestead  laws  unless  they  have  become  citizens  of  the  United 
States  or  have  declared  their  intentions  to  become  citizens. 

24.  The  unmarried  widow,  or,  in  case  of  her  death  or  remar- 
riage, the  minor  children  of  soldiers  and  sailors  who  were  honor- 
ably discharged  after  90  days'  actual  service  during  the  War  of  the 
Rebellion,  the  Spanish-American  War,  or  the  Philippine  insurrec- 
tion may  make  entry  as  such  widow  or  minor  children  if  the  soldier 


or  sailor  died  without  making  entry.     The  minor  children  must 
make  a  joint  entry  through  their  duly  appointed  guardian. 

Residence  and  Cultivation. 
(See  also  Commutation  and  Final  Proof.) 

25.  The  residence  and  cultivation  required  by  the  homestead 
law  means  a  continuous  maintenance  of  an  actual  home  on  the  land 
entered,  to  the  exclusion  of  a  home  elsewhere,  and  continuous  an- 
nual cultivation  of  some  portion  of  the  land.     A  mere  temporary 
sojourn  on  the  land,  followed  by  occasional  visits  to  it  once  in  six 
months  or  oftener,  will  not  satisfy  the  requirements  of  the  home- 
stead law,  and  may  result  in  the  cancellation  of  the  entry. 

The  law  contemplates  that  the  entryman  make  the  land  the 
home  of  himself  and  his  family,  and  the  failure  of  his  family  to 
reside  on  the  land  with  him  raises  a  presumption  against  the  bona 
fides  of  his  residence  which  must  be  rebutted  at  the  time  of  proof. 

26.  No  specific  amount  of  either  cultivation  or  improvements 
is  required  where  entry  is  made  under  the  general  homestead  law, 
but  there  must  in  all  cases  be  such  continuous  improvement  and 
such  actual  cultivation  as  will  show  good  faith  of  the  entryman. 
Lands  covered  by  such  a  homestead  entry  may  be  used  for  grazing 
purposes  if  they  are  more  valuable  for  pasture  than  for  cultivation 
to  crops.     When  lands  of  this  character  are  used  for  pasturage, 
actual  grazing  will  be  accepted  in  lieu  of  actual  cultivation.     The 
fact  that  lands  covered  by  homesteads  are  of  such  a  character  that 
they  can  not  be  successfully  cultivated  or  pastured  will  not  be 
accepted  as  an  excuse  for  failure  to  either  cultivate  or  graze  them. 

Grazing  can  not  be  accepted  in  lieu  of  cultivation  when  entry  is 
made  under  the  enlarged  homestead  Act.  (See  par.  51.) 

Homestead  Entries  for  Coal  Lands. — Where  homestead  entry  is 
made  under  the  Act  of  June  22,  1910  (36  Stat,  583),  for  land  which 
has  been  withdrawn  or  classified  as  coal  land,  or  which  is  valuable 
for  coal,  the  entryman  must  show  improvements  as  above  stated 
and  must  further  comply  with  the  requirements  of  the  enlarged 
homestead  Act  of  February  19,  1909  (35  Stat.,  639),  as  to  residence 
and  cultivation;  that  is,  he  must  cultivate  at  least  one-eighth  of  the 
area  of  the  entry  to  agricultural  crops  other  than  native  grasses, 
beginning  with  the  second  year  of  the  entry,  and  at  least  one-fourth 
of  the  area  of  the  entry  beginning  with  the  third  year  of  the  entry 
and  continuing  to  the  date  of  proof.  Entries  in  this  class  can  not 
be  commuted.  (See  par.  51.) 

27.  Actual  residence  on  the  lands  entered  must  begin  within 
six  months  from  the  date  of  all  homestead  entries,  except  additional 
entries  and  adjoining  farm  entries  of  the  character  mentioned  in 
paragraphs  14  and  15,  and  residence  with  improvements  and  annual 
cultivation  must  be  continued  until  the  entry  is  five  years  old,  except 
in   cases   hereinafter   mentioned ;   but   all    entrymen   who   actually 
resided  upon  and  cultivated  lands  entered  by  them  prior  to  mak- 
ing such  entries  and  while  the  land  was  subject  to  settlement  or 
entry  by  them,  may  make  final  proof  at  any  time  after  entry  when 
they  can  show  five  years'  residence  and  cultivation. 

An  entryman  can  not  claim  credit  for  residence  prior  to  entry 
during  the  time  when  the  land  was  not  subject  to  settlement  or 


335 

entry  by  him,  as,  for  instance,  while  it  was  embraced  in  the  entry 
of  another. 

Under  certain  circumstances  leaves  of  absence  may  be  ^granted 
in  the  manner  pointed  out  in  paragraph  36  of  these  suggestions, 
but  the  entryman  can  not  claim  credit  for  residence  during  the  time 
he  is  absent  under  such  leave. 

An  extension  of  time  for  establishing  residence  can  be  granted 
only  in  cases  where  the  entryman  is  actually  prevented  by  climatic 
hindrances  from  establishing  his  residence  within  the  required  time. 
This  extension  can  not  be  granted  in  advance ;  but  on  making  final 
proof  or  in  case  a  contest  is  instituted  against  the  entry  the  entry- 
man  may  show  the  storms,  floods,  blockades  of  snow  or  ice,  or  other 
climatic  reasons  which  rendered  it  impossible  for  him  to  commence 
residence  within  six  months  from  date  of  entry,  and  he  must  as  soon 
as  possible  after  the  climatic  hindrances  disappear  establish  his 
residence  on  the  land  entered.  Failure  to  establish  residence  within 
six  months  from  date  of  entry  will  not  necessarily  result  in  a  for- 
feiture of  the  entry,  provided  the  residence  be  established  prior  to 
the  intervention  of  an  adverse  claim. 

After  an  entryman  has  fully  complied  with  the  law  and  has  sub- 
mitted proof  he  is  no  longer  required  to  live  on  the  land.  But  all 
entrymen  should  understand  that  if  they  discontinue  their  resi- 
dence on  the  land  prior  to  the  issuance  of  patent  they  do  so  at  their 
risk,  and  by  so  doing  they  may  place  themselves  in  such  a  position 
that  they  may  be  unable  to  comply  with  requirements  made  by  the 
General  Land  Office,  should  their  proof  on  examination  be  found 
unsatisfactory. 

28.  ^Residence  and  cultivation  by  soldiers  and  sailors  of  the 
classes  mentioned  in  paragraph  5  must  begin  within  six  months  from 
the  time  they  file  their  declaratory  statements  regardless  of  the 
time  they  make  entry  under  such  statement,  but  if  they  make  entry 
without  filing  a  declaratory  statement  they  must  begin  their  resi- 
dence within  six  months  from  the  date  of  such  entry,  and  residence 
thus  established  must  continue  in  good  faith,  with  improvements 
and  annual  cultivation  for  at  least  one  year,  but  after  one  year's 
residence  and  cultivation  the  soldier  or  sailor  is  entitled  to  credit 
on  the  remainder  of  the  five-year  period  for  the  term  of  his  actual 
naval  or  military  service,  6r  if  he  was  discharged  from  the  Army  or 
Navy  because  of  wounds  received  or  disabilities  incurred  in  the  line 
of  duty  he  is  entitled  to  credit  for  the  whole  term  of  his  enlistment. 
No  credit  can  be  allowed  for  military  service  where  commutation 
proof  is  offered. 

29.  A  soldier  or  sailor  making  entry  during  his  enlistment  in 
time  of  peace  is  not  required  to  reside  personally  on  the  land,  but 
may  receive  patent  if  his  family  maintain  the  necessary  residence 
and  cultivation  until  the  entry  is  five  years  old  or  until  it  has 
been  commuted ;  but  a  soldier  or  sailor  is  not  entitled  to  credit  on 
account  of  his  military  service  in  time  of  peace.     And  if  such  sol- 
dier has  no  family,  there  is  no  way  by  which  he  can  make  entry 
and  acquire  title  during  his  enlistment  in  time  of  peace. 

30.  Widows  and  minor  orphan  children  of  soldiers  and  sailors 
who  make  entry  as  such  widows  and  children  must  begin  their  resi- 
dence  and  cultivation   of  the  lands   entered  by  them  within  six 
months  from  the  dates  of  their  entries,  or  the  filing  of  declaratory 


336 

statement,  and  thereafter  continue  both  residence  and  cultivation 
for  such  period  as  will,  when  added  to  the  time  of  their  husbands' 
or  fathers'  military  or  naval  service,  amount  to  five  years  from 
the  date  of  the  entry,  and  if  the  husbands  or  fathers  either  died  in 
the  service  or  were  discharged  on  account  of  wounds  or  disabilities 
incurred  in  the  line  of  duty,  credit  for  the  whole  term  of  their 
enlistment,  not  to  exceed  four  years,  may  be  taken,  but  no  patent 
will  issue  to  such  widows  or  children  until  there  has  been  residence 
and  cultivation  by  them  for  at  least  one  year.  No  credit  can  be 
allowed  for  military  service  where  commutation  proof  is  offered. 

31.  Persons  who  make  entry  as  the  widow  or  heirs  of  settlers 
are  not  required  to  both  reside  upon  and  cultivate  the  land  entered 
by  them,  but  they  must  at  least  cultivate  the  land  entered  by  them 
for  such  a  period  as,  added  to  the  time  during  which  the  settler 
resided  on  and  cultivated  the  land,  will  make  the  required  period 
of  five  years.     Commutation  proof  may,  however,  be  made  upon 
showing  14  months'  actual  residence  performed  either  by  the  set- 
tler or  the  heirs  or  widow,  or  in  part  by  the  settler  and  in  part  by 
the  widow  or  heirs.     In  case  of  entries  made  under  the  enlarged 
homestead  Act  cultivation  as  required  by  that  Act  must  be  main- 
tained by  the  widows  or  heirs.     (See  par.  51.)    The  above  rules  also 
apply  to  a  devisee  of  the  settlement  claim  in  cases  where  a  devisee 
is  entitled  to  take. 

32.  The  widow  or  heirs  of  a  homestead  entryman  who  dies 
before  he  earns  patent  are  not  required  to  both  reside  upon  and 
cultivate  the  lands  covered  by  his  entry,  but  they  must,  within  six 
months  after  the  death  of  the  entryman,  begin  cultivation  on  the 
land  covered  by  the  entry  and  continue  same  for  such  a  period  of 
time  as  will,  when  added  to  the  time  during  which  the  entryman 
complied  with  the  law,  amount  in  the  aggregate  to  the  required 
period  of  five  years.    Commutation  proof  may  be  made  showing  14 
months'  actual  residence  performed  by  the  entryman   or  by  the 
widow  or  heirs,  or  in  part  by  the  entryman  and  in  part  by  the 
widow  or  heirs.     In  case  of  an  entry  made  under  the  enlarged 
homestead  Act  cultivation  as  required  by  that  Act  must  be  main- 
tained by  the  widow  or  heirs.     (See  par.  51.)     The  above  rules  also 
apply  to  a  devisee  of  the  entry  in  cases  where  the  devisee  is  entitled 
to  take. 

33.  Homestead  entrymen  wrho  have  been  elected  to  either  a 
Federal,  State,  or  county  office,  after  they  have  made  entry  and 
established  an  actual  residence  on  the  land  covered  by  their  entries 
are  not  required  to  continue  such  residence  during  their  term  of 
office,  if  the  discharge  of  their  bona  fide  official  duties  necessarily 
requires  them  to  reside  elsewhere  than  upon  the  land;  but  they 
must  continue  their  cultivation  and  improvements  for  the  required 
length  of  time.     Such  an  officeholder  can  not  commute,  however, 
unless  he  can  show  at  least  14  months'  actual  residence.     (See  cir- 
culars of  February  16  and  20,  1909,  Appendix  No.  13,  and  October 
18,  1907,  Appendix  No.  14.) 

A  person  who  makes  entry  after  he  has  been  elected  to  office  is 
not  excused  from  maintaining  residence,  but  must  comply  with  the 
law  in  the  same  manner  as  though  he  had  not  been  elected. 

34.  Residence  is  not  required  on  land  covered  by  an  adjoining 
farm  entry  of  the  kind  mentioned  in  paragraph  15 ;  but  a  person 


337 

who  makes  an  adjoining  farm  entry  is  not  entitled  to  a  patent 
until  he  has  continued  his  residence  and  cultivation  for  the  full 
five  years  on  the  land  owned  by  him  at  the  time  he  made  entry, 
or  on  the  adjoining  lands  entered  by  him,  unless  he  commutes  his 
entry  after  14  months'  residence  on  either  the  entered  lands  or  the 
lands  originally  owned  by  him ;  in  neither  case  can  credit  be  claimed 
for  residence  on  the  original  farm  prior  to  the  date  of  the  adjoining 
farm  entry. 

A  person  who  has  made  on  additional  entry  of  the  kind  men- 
tioned in  paragraph  14  for  lands  adjoining  his  original  entry  is  not 
entitled  to  patent  for  the  lands  so  entered  until  he  can  show  five 
years'  residence,  either  on  the  original  entry  or  in  part  on  the 
original  and  in  part  on  the  additional.  No  commutation  of  the 
additional  entry  is  allowed  by  law  in  the  latter  case. 

35.  Neither  residence  nor  cultivation  by  an  insane  homestead 
entryman  is  necessary  after  he  becomes  insane,  if  such  entryman 
made  entry  and  established  residence  before  he  became  insane  and 
complied   with   the  requirements  of  the   law  up   to   the   time  his 
insanity  began. 

Leaves  of  Absence. 
(See  pages  26  to  31.) 

36.  Leaves  of  absence  for  one  year  or  less  may  be  granted  to 
entrymen  who  have  established  actual  residence  on  the  lands  en- 
tered by  them  in  all  cases  where  total  or  partial  failure  or  destruc- 
tion of  crops,  sickness,  or  other  unavoidable  casualty  has  prevented 
the  entryman  from  supporting  himself  and  those  dependent  upon 
him  by  a  cultivation  of  the  land. 

Applications  for  leaves  of  absence  should  be  addressed  to  the 
Register  and  Receiver  of  the  land  office  where  the  entry  was  made 
and  should  be  sworn  to  by  the  applicant  and  some  disinterested 
person  before  such  Register  and  Receiver  or  before  some  officer  in 
the  land  district  using  a  seal  and  authorized  to  administer  oaths, 
except  in  cases  where,  through  age,  sickness,  or  extreme  poverty,  the 
entryman  is  unable  to  visit  the  district  for  that  purpose,  when  the 
oath  may  be  made  outside  of  the  land  district.  All  applications  of 
this  kind  should  clearly  set  forth: 

(a)  The  number  and  date  of  the  entry,  a  description  of  the 
lands  entered,  the  date  of  the  establishment  of  his  residence  on  the 
land,  and  the  extent  and  character  of  the  improvements  and  culti- 
vation made  by  the  applicant. 

(b)  The  kind  of  crops  which  failed  or  were  destroyed  and  the 
cause  and  extent  of  such  failure  or  destruction. 

(c)  The  kind  and  extent  of  the  sickness,  or  injury  assigned, 
and  the  extent  to  which  the  entryman  was  prevented  from  con- 
tinuing his  residence  upon  the  land,  and,  if  practicable,  a  certificate 
signed  by  a  reliable  physician  as  to  such  sickness,  disease,  or  injury, 
should  be  furnished. 

(d)  The    character,    cause,    and    extent    of    any    unavoidable 
casualty  which  may  be  made  the  basis  of  the  application. 

(e)  The  dates  from  which  and  to  which  the  leave  of  absence  is 
requested. 

An  entryman  can  not  claim  credit  for  residence  during  the  time 


338 

he  is  absent  under  a  leave  of  absence,  but  such  a  period  of  absence 
will  not  be  held  to  break  the  continuity  of  his  residence;  that  is, 
the  period  of  residence  preceding  such  an  absence  may  be  added  to 
the  period  of  residence  succeeding  such  absence  to  make  up  the 
time  required  for  either  five-year  or  commutation  proof. 
(See  title,  Leave  of  Absence.) 

Enlarged  Homestead  Entries. 

46.  Kind  of  Land  Subject  to  Entry. — The  first  section  of  the 
Act  of  February  19,  1909  (35  Stat.,  639;  see  Appendix  No.  15),  pro- 
vides for  the  making  of  homestead  entries  for  an  area  of  320  acres, 
or  less,  of  nonmineral,  nontimbered,  nonirrigable  public  land  in 
the  States  of  Colorado,   Montana,  Nevada,   Oregon,  Utah,  Wash- 
ington,  Wyoming,   and   in   the   Territories   of  Arizona    and   New 
Mexico.     By  the  first  section  of  the  Act  approved  June  17,  1910 
(36  Stat.,  531,  see  Appendix  No.  15),  the  same  kind  of  entries  are 
allowed  to  be  made  in  the  State  of  Idaho. 

The  terms  "arid"  or  "nonirrigable"  land,  as  used  in  these  Acts, 
are  construed  to  mean  land  which,  as  a  rule,  lacks  sufficient  rainfall 
to  produce  agricultural  crops  without  the  necessity  of  resorting  to 
unusual  methods  of  cultivation,  such  as  the  system  commonly  known 
as  "dry  farming,"  and  for  which  there  is  no  known  source  of 
water  supply  from  which  such  land  may  be  successfully  irrigated 
at  a  reasonable  cost. 

Therefore  lands  containing  merchantable  timber,  mineral  lands, 
and  lands  within  a  reclamation  project,  or  lands  which  may  be 
irrigated  at  a  reasonable  cost  from  any  known  source  of  water  sup- 
ply may  not  be  entered  under  these  Acts.  Minor  portions  of  a  legal 
subdivision  susceptible  of  irrigation  from  natural  sources,  as,  for 
instance,  a  spring,  will  not  exclude  such  subdivision  from  entry  under 
these  Acts,  provided,  however,  that  no  one  entry  shall  embrace  in 
the  aggregate  more  than  40  acres  of  such  irrigable  lands. 

47.  Designation  of  Lands. — From  time  to  time  lists  designating 
the  lands  which  are  subject  to  entry  under  these  Acts  are  sent  to 
the  Registers  and  Receivers  in  the  States  affected,  and  they  are 
instructed  immediately  upon  the  receipt  of  such  lists  to  note  the 
same  upon  their  tract  books.    In  the  order  designating  land  a  date 
is  fixed  on  which  such  designation  will  become  effective.     Until 
such  date  no  applications  to  enter  can  be  received  and  no  entries 
allowed  under  these  Acts,  but  on  or  after  the  date  fixed  it  is  com- 
petent for  the  Registers  and  Receivers  to  dispose  of  applications  for 
land  designated  under  the  provisons  of  these  Acts,  in  like  manner 
as  other  applications  for  public  lands. 

The  fact  that  lands  have  been  designated  as  subject  to  entry  is 
not  conclusive  as  to  the  character  of  such  lands,  and  should  it  after- 
wards develop  that  the  land  is  not  of  the  character  contemplated 
by  the  above  Acts  the  designation  may  be  canceled ;  but  where  an 
entry  is  made  in  good  faith  under  the  provisions  of  these  Acts,  such 
designation  will  not  thereafter  be  modified  to  the  injury  of  anyone 
who,  in  good  faith,  has  &cted  upon  such  designation.  Each  entry- 
man  must  furnish  affidavit  as  required  by  section  2  of  the  Acts. 

48.  Compactness — Fees. — Lands    entered    under    the    enlarged 
homestead  Acts  must  be  in  a  reasonably  compact  form  and  in  no 
event  exceed  1^2  miles  in  length. 


339 

The  Acts  provide  that  the  fees  shall  be  the  same  as  those  now 
required  to  be  paid  under  the  homestead  laws;  therefore,  while  the 
fees  may  not  in  any  one  case  exceed  the  maximum  fee  of  $10 
required  under  the  general  homestead  law,  the  commissions  will  be 
determined  by  the  area  of  the  land  embraced  in  the  entry. 

49.  Form  of  Application. — Applications  to  make  entry  under 
these  Acts  must  be  submitted  on  forms  prescribed  by  the  General 
Land  Office,  and  in  case  of  an  original  entry  on  Xo.  4-003. 

The  affidavit  of  an  applicant  as  to  the  character  of  the  land 
must  be  corroborated  by  two  witnesses.  It  is  not  necessary  that  such 
witnesses  be  acquainted  with  the  applica-nt,  and  if  they  are  not  so 
acquainted  their  affidavits  should  be  modified  accordingly. 

50.  Additional  Entries. — Sections  3  of  the  Acts  provide  that  any 
homestead  entryman  of  lands  of  the  character  described  in  the  first 
sections  of  the  Acts,  upon  which  entry  final  proof  has  not  been 
made,  may  enter  such  other  lands  subject  to  the  provisions  of  the 
Acts,  contiguous  to  the  former  entry,  which  shall  not,  together  with 
the  lands  embraced  in  the  original  entry,  exceed  320  acres,  and 
that  residence  upon  and  cultivation  of  the  original  entry  shall  be 
accepted  as  equivalent  to  residence  upon  and  cultivation  of  the 
additional  entry. 

These  sections  contemplate  that  lands  may,  subsequent  to  entry, 
be  classified  or  designated  by  the  Secretary  of  the  Interior  as  falling 
within  the  provisions  of  these  acts,  and  in  such  cases  an  entryman 
of  such  lands  may,  at  any  time  prior  to  final  proof  on  his  original 
entry,  make  such  additional  entry,  provided  he  is  otherwise  quali- 
fied. Applicants  for  such  additional  entries  must  tender  the  proper 
fees  and  commissions,  and  make  application  and  affidavit  on  the 
form  prescribed  (No.  4-004).  Entrymen  who  have  made  final  proof 
on  their  original  entries  are  not  qualified  to  make  additional  entries. 

51.  Final  Proof  on  Original  and  Additional  Entries — Commuta- 
tion Not  Allowed. — Final  proof  must  be  made  as  in  ordinary  home- 
stead cases,  and  in  addition  to  the  showing  required  of  ordinary 
homestead  entrymen  it  must  be  shown  that  at  least  one-eighth  of 
the  area  embraced  in  the  entry  has  been  continuously  cultivated  to 
agricultural  crops  other  than  native  grasses,  beginning  with  the 
second  year  of  the  entry,  and  that  at  least  one-fourth  of  the  area 
embraced  in  the  entry  has  been  continuously  cultivated  to  agricul- 
tural crops  other  than  native  grasses,  beginning  with  the  third 
year  of  the  entry  and  continuing  to  date  of  final  proof. 

Final  proof  submitted  on  an  additional  entry  must  show  that  the 
area  df  such  entry  required  by  the  acts  to  be  cultivated  has  been 
cultivated  in  accordance  with  such  requirement;  or  that  such  part 
of  the  original  entry  as  will,  with  the  area  cultivated  in  the  addi- 
tional entry,  aggregate  the  required  proportion  of  the  combined 
entries,  has  been  cultivated  in  the  manner  required  by  the  acts. 

Proof  must  be  made  on  the  original  entry  within  the  statutory 
period  of  seven  years  from  the  date  of  the  entry ;  and  if  it  can  not 
be  shown  at  that  time  that  the  cultivation  has  been  such  as  to 
satisfy  the  requirements  of  the  Acts  as  to  both  entries  it  will  be 
necessary  to  submit  supplemental  proof  on  the  additional  entry  at 
the  proper  time.  But  proof  should  be  made  at  the  same  time  to 
cover  both  entries  in  all  cases  where  the  residence  and  cultivation 
are  such  as  to  meet  the  requirements  of  the  Acts. 


340 

Commutation  of  either  original  or  additional  entry  made  under 
these  Acts  is  expressly  forbidden. 

52.  Right  of  Entry. — Homestead  entries  under  the  provisions 
of  section  2289  of  the  Revised  Statutes,  for  160  acres  or  less,  may 
be   made  by  qualified   persons  within   the   States   and   Territories 
named  upon  lands  subject  to  such  entry,  whether  such  lands  have 
been  designated  under  the  provisions  of  these  Acts  or  not.     But 
those  who  make  entry  under  the  provisions  of  these  Acts  can  not 
afterwards   make   homestead    entry   under   the   provisions    of   the 
General  Homestead  Law. 

A  person  who  has,  since  August  30,  1890,  entered  and  acquired 
title  to  320  acres  of  land  under  the  agricultural  land  laws  (which  is 
construed  to  mean  the  timber  and  stone,  desert  land,  and  home- 
stead laws),  is  not  entitled  to  make  entry  under  these  Acts;  neither 
is  a  person  who  has  acquired  title  to  160  acres  under  the  General 
Homestead  Law  entitled  to  make  another  homestead  entry  under 
these  Acts,  unless  entitled  to  the  benefits  of  section  2  of  the  Act  of 
June  5,  1900  (31  Stat.,  267),  or  section  2  of  the  Act  of  May  22,  1902 
(32  Stat.,  203,  Appendix  No.  5). 

If,  however,  a  person  is  a  qualified  entryman  under  the  home- 
stead laws  of  the  United  States,  he  may  be  allowed  to  enter  320 
acres  under  these  Acts,  or  such  a  less  amount  as  when  added  to 
the  lands  previously  entered  or  held  by  him  under  the  agricultural 
land  laws  shall  not  exceed  in  the  aggregate  480  acres. 

53.  Constructive  Residence   on   Certain  Lands  in  Utah. — The 
sixth  section  of  the  Act  of  February  19,  1909  (35  Stat.,  639,  Appen- 
dix No.  15),  provides  that  not  exceeding  2,000,000  acres  of  land  in 
the  State  of  Utah,  which  do  not  have  upon  them  sufficient  water 
suitable  for  domestic  purposes  as  will  render  continuous  residence 
upon  such  lands  possible,  may  be  designated  by  the  Secretary  of  the 
Interior  as  subject  to  entry  under  the  provisions  of  that  Act;  with 
the  exception,  however,  that  entrymen  of  such  lands,  will  not  be 
required  to  prove  continuous  residence  thereon.     This  Act  provides 
in  such  cases  that  all  entrymen  must  reside  within  such  distance  of 
the  land  entered  as  will  enable  them  successfully  to  farm  the  same 
as  required  by  the  Act;  and  no  attempt  will  be  made  at  this  time 
to  determine  how  far  from  the  land  an  entryman  will  be  allowed 
to  reside,  as  it  is  believed  that  the  proper  determination  of  that 
question  will  depend  upon  the  circumstances  of  each  case. 

Applications  to  enter  under  section  6  of  this  Act  will  not  be  re- 
ceived until  the  date  fixed  in  the  order  designating  the  lands  as 
Subject  to  entry  under  this  section.  Lists  of  lands  designated  under 
this  section  will  be  from  time  to  time  furnished  to  the  Registers 
and  Receivers,  who  will  be  instructed  to  note  same  on  their  tract 
books  immediately  upon  their  receipt.  These  lists  will  fix  a  date  on 
which  the  designations  will  become  effective.  Applications  under 
this  section  must  be  submitted  on  form  No.  4-003a. 

Final  proof  under  this  section  must  be  made  as  in  ordinary 
homestead  entries,  except  that  proof  of  residence  on  the  land  will 
not  be  required,  in  lieu  of  which  the  entryman  will  be  required  to 
show  that,  from  the  .date  of  entry  until  the  time  of  making  final 
proof,  he  resided  within  such  distance  from  said  land  as  enabled 
him  to  successfully  farm  the  same.  Such  proof  must  also  show  that 


341 

not  less  than  one-eighth  of  the  entire  area  of  land  entered  was 
cultivated  during  the  second  year,  not  less  than  one-fourth  during 
the  third  year  and  not  less  than  one-half  during  the  fourth  and  fifth 
years  after  entry. 

54.  Constructive    Residence   Permitted    on    Certain    Lands    in 
Idaho.— The  sixth  section  of  the  Act  of  June  17,  1910  (36  Stat., 
531),  provides  that  not  exceeding  320,000  acres  of  land  in  the  State 
of  Idaho,  which  do  not  have  upon  them  sufficient  water  suitable  for 
domestic  purposes  as  will  render  continuous  residence  upon  such 
lands  possible,  may  be  designated  by  the  Secretary  of  the  Interior 
as  subject  to  entry  under  the  provisions  of  this  Act,  with  the  ex- 
ception, however,  that  entrymen  of  such  lands  will  not  be  required 
to  prove  continuous  residence  thereon.     This  section  provides,  in 
such  cases,  that  after  six  months  from  date  of  entry  and  until  final 
proof,  all  entrymen  must  reside  not  more  than  20  miles  from  the 
land  entered,  and  be  engaged  personally  in  preparing  the  soil  for 
seed,  seeding,  cultivating,  and  harvesting  crops  upon  the  land  dur- 
ing the  usual  seasons  for  such  work,  unless  prevented  by  sickness, 
or  other  unavoidable  cause.     It  is  further  provided  that  leaves  of 
absence  from  the  residence  established  under  this  section,  may  be 
granted  upon  the  same  terms  and  conditions  as  are  required  from 
other  homestead  entrymen. 

Applications  to  enter  under  this  section  of  this  Act  will  not  be 
received  before  the  date  fixed  in  the  order  designating  the  land  as 
subject  to  entry  under  this  section.  Lists  of  lands  designated  under 
this  section  will  from  time  to  time  be  furnished  the  Registers  and 
Receivers  who  will  be  instructed  to  note  the  same  on  their  tract 
books  immediately  upon  their  receipt.  In  the  lists  furnished  the 
Registers  and  Receivers  a  date  will  be  fixed  on  which  the  designa- 
tion will  become  effective.  Applications  under  this  section  must 
be  submitted  on  form  4-003a. 

The  final  proof  under  this  section  must  be  made  as  in  ordinary 
homestead  entries,  except  that  proof  of  residence  on  the  land  will 
not  be  required,  in  lieu  of  which  the  entryman  will  be  required  to 
show  that,  from  the  expiration  of  six  months  after  the  date  of 
original  entry  and  until  the  time  of  making  final  proof,  he  resided 
not  more  than  20  miles  from  the  land  entered  and  was  personally 
engaged  in  farming  the  same  as  required  by  said  Act.  Such  proof 
must  also  show  that  not  less  than  one-eighth  of  the  entire  area  of 
the  land  entered  was  cultivated  during  the  second  year;  not  less 
than  one-fourth  during  the  third  year;  and  not  less  than  one-half 
during  the  fourth  and  fifth  years. 

55.  Officers  Before  Whom  Applications   and   Proofs   May  Be 
Made. — The  Acts  provide  that  any  person  applying  to  enter  land 
under  the  provisions  thereof  shall  make  and  subscribe  before  the 
proper  officer  an  affidavit,  etc.    The  term  "proper  officer,"  as  used 
herein,  is  held  to  mean  any  officer  authorized  to  take  affidavits  or 
proof  in  homestead  cases. 

Fred   Dennett, 

Commissioner. 
Approved  April  20,  1911. 

Walter  L.  Fisher, 

Secretary. 


342 

'  -"     •  '• 

f  APPENDIX. 

(No.  1.) 
UNITED   STATES  REVISED   STATUTES.* 

Sec.  2288.  Any  bona  fide  settler  under  the  preemption,  home- 
stead, or  other  settlement  law  shall  have  the  right  to  transfer  by 
warranty  against  his  own  acts  any  portion  of  his  claim  for  church, 
cemetery,  or  school  purposes,  or  for  the  right  of  way  of  railroads, 
telegraph,  telephones,  canals,  reservoirs,  or  ditches  for  irrigation  or 
drainage  across  it;  and  the  transfer  for  such  public  purposes  shall 
in  no  way  vitiate  the  right  to  complete  and  perfect  the  title  to  his 
claim.  (As  amended  by  Act  Mar.  3,  1905.)  . 

Sec.  2289.  Every  person  who  is  the  head  of  a  family,  or  who 
has  arrived  at  the  age  of  twenty-one  years,  and  is  a  citizen  of  the 
United  States,  or  who  has  filed  his  declaration  of  intention  to  be- 
come such,  as  required  by  the  naturalization  laws,  shall  be  entitled 
to  enter  one  quarter-section,  or  a  less  quantity,  of  unappropriated 
public  lands,  to  be  located  in  a  body  in  conformity  to  the  legal  sub- 
divisions of  the  public  lands;  but  no  person  who  is  the  proprietor 
of  more  than  one  hundred  and  sixty  acres  of  land  in  any  State  or 
Territory  shall  acquire  any  right  under  the  homestead  law.  And 
every  person  owning  and  residing  on  land  may,  under  the  pro- 
visions of  this  section,  enter  other  land  lying  contiguous  to  his  land, 
which  shall  not,  with  the  land  so  already  owned  and  occupied, 
exceed  in  the  aggregate  one  hundred  and  sixty  acres.  (As  amended 
by  Act  Mar.  3,  1891.) 

Sec.  2290.  That  any  person  applying  to  enter  land  under  the 
preceding  section  shall  first  make  and  subscribe  before  the  proper 
officer  and  file  in  the  proper  land  office  an  affidavit  that  he  or  she  is 
the  head  of  a  family,  or  is  over  twenty-one  years  of  age,  and  that 
such  application  is  honestly  and  in  good  faith  made  for  the  purpose 
of  actual  settlement  and  cultivation,  and  not  for  the  benefit  of  any 
other  person,  persons,  or  corporation,  and  that  he  or  she  will  faith- 
fully and  honestly  endeavor  to  comply  with  all  the  requirements  of 
law  as  to  settlement,  residence,  and  cultivation  necessary  to  acquire 
title  to  the  land  applied  for;  that  he  or  she  is  not  acting  as  agent 
of  any  person,  corporation,  or  syndicate  in  making  such  entry,  nor 
in  collusion  with  any  person,  corporation,  or  syndicate  to  give  them 
the  benefit  of  the  land  entered,  or  any  part  thereof,  or  the  timber 
thereon;  that  he  or  she  does  not  apply  to  enter  the  same  for  the 
purpose  of  speculation,  but  in  good  faith  to  obtain  a  home  for  him- 
self, or  herself,  and  that  he  or  she  has  not  directly  or  indirectly 
made,  and  will  not  make,  any  agreement  or  contract  in  any  way 
or  manner,  with  any  person  or  persons,  corporation,  or  syndicate 
whatsoever,  by  which  the  title  which  he  or  she  might  acquire  from 
the  Government  of  the  United  States  should  inure,  in  whole  or  in 
part,  to  the  benefit  of  any  person,  except  himself,  or  herself,  and 
upon  filing  such  affidavit  with  the  Register  or  Receiver  on  payment 
of  five  dollars,  when  the  entry  is  of  not  more  than  eighty  acres,  and 
on  payment  of  ten  dollars,  when  the  entry  is  for  more  than  eighty 
acres,  he  or  she  shall  thereupon  be  permitted  to  enter  the  amount 
of  land  specified.  (As  amended  by  Act  Mar.  3,  1891.) 

For  sec.  2291,  as  amended  by  three  year  law,  see  page  311. 

*  See  Table  oi;  Eevised  Statutes  Cited  arid  Construed, 


343 

Sec.  2292.  In  case  of  the  death  of  both  father  and  mother, 
leaving  an  infant  child  or  children  under  twenty-one  years  of  age, 
the  right  and  fee  shall  inure  to  the  benefit  of  such  infant  child  or 
children ;  and  the  executor,  administrator,  or  guardian  may,  at  any 
time  within  two  years  after  the  death  of  the  surviving  parent,  and 
in  accordance  with  the  laws  of  the  State  in  which  such  children,  for 
the  time  being,  have  their  domicile,  sell  the  land  for  the  benefit  of 
such  infants,  but  for  110  other  purpose;  and  the  purchaser  shall 
acquire  the  absolute  title  by  the  purchase,  and  be  entitled  to  a 
patent  from  the  United  States  on  the  payment  of  the  office  fees 
and  sum  of  money  above  specified. 

Sec.  2293.     (See  pages  560  to  563.) 

For  sec.  2294  as  amended  by  the  Act  of  March  4,  1904  (33  Stat., 
59),  see  page  286. 

Sec.  2296.  No  lands  acquired  under  the  provisions  of  this  chap- 
ter shall  in  any  event  become  liable  to  the  satisfaction  of  any  debt 
contracted  prior  to  the  issuing  of  the  patent  therefor. 

For  sec.  2297  as  amended  by  three  year  homestead  law  see  page 
303. 

Sec.  2298.  No  person  shall  be  permitted  to  acquire  title  to  more 
than  one  quarter  section  under  the  provisions  of  this  chapter. 

Sec.  2299.  Nothing  contained  in  this  chapter  shall  be  so  con- 
strued as  to  impair  or  interfere  in  any  manner  with  existing  pre- 
emption rights ;  and  all  persons  who  may  have  filed  their  applica- 
tions for  a  preemption  right  prior  to  the  twentieth  day  of  May, 
eighteen  hundred  and  sixty-two,  shall  be  entitled  to  all  the  privi- 
leges of  this  chapter. 

Sec.  2300.  No  person  who  has  served,  or  may  hereafter  serve, 
for  a  period  not  less  than  fourteen  days  in  the  Army  or  Navy  of 
the  United  States,  either  regular  or  volunteer,  under  the  laws 
thereof,  during  the  existence  of  an  actual  war,  domestic  or  foreign, 
shall  be  deprived  of  the  benefits  of  this  chapter  on  account  of  not 
having  attained  the  age  of  twenty-one  years. 

Sec.  2301.  Nothing  in  this  chapter  shall  be  so  construed  as  to 
prevent  any  person  who  shall  hereafter  avail  himself  of  the  benefits 
of  section  twenty-two  hundred  and  eighty-nine  from  paying  the 
minimum  price  for  the  quantity  of  land  so  entered  at  any  time  after 
the  expiration  of  fourteen  calendar  months  from  the  date  of  such 
entry,  and  obtaining  a  patent  therefor,  upon  making  proof  of 
settlement  and  of  residence  and  cultivation  for  such  period  of  four- 
teen months,  and  the  provision  of  this  section  shall  apply  to  lands 
on  the  ceded  portion  of  the  Sioux  Reservation  by  Act  approved 
March  second,  eighteen  hundred  and  eighty-nine,  in  South  Dakota, 
but  shall  not  relieve  said  settlers  from  any  payments  now  required 
by  law.  (As  amended  by  Act  of  March  3,  1891.) 

Sec.  2302.  No  distinction  shall  be  made  in  the  construction  or 
execution  of  this  chapter  on  account  of  race  or  color ;  nor  shall  any 
mineral  lands  be  liable  to  entry  and  settlement  under  its  provisions. 

For  sec.  2304  see  page  563. 

Sec.  2305.  The  time  which  the  homestead  settler  has  served  in 
the  Army,  Navy,  or  Marine  Corps  shall  be  deducted  from  the  time 
heretofore  required  to  perfect  title,  or  if  discharged  on  account  of 
wounds  received  or  disability  incurred  in  the  line  of  duty,  then  the 
term  of  enlistment  shall  be  deducted  from  the  time  heretofore  re- 


344 

quired  to  perfect  title,  without  reference  to  the  length  of  time  he 
may  have  served ;  but  no  patent  shall  issue  to  any  homestead  settler 
who  has  not  resided  upon,  improved,  and  cultivated  his  homestead 
for  a  period  of  at  least  one  year  after  he  shall  have  commenced  his 
improvements:  Provided,  That  in  every  case  in  which  a  settler  on 
the  public  land  of  the  United  States  under  the  homestead  laws  died 
while  actually  engaged  in  the  Army,  Navy,  or  Marine  Corps  of  the 
United  States  as  private  soldier,  officer,  seaman,  or  marine,  during 
the  war  with  Spain  or  the  Philippine  insurrection,  his  widow,  if 
unmarried,  or  in  case  of  her  death  or  marriage,  then  his  minor 
orphan  children  or  his  or  their  legal  representatives,  may  proceed 
forthwith  to  make  final  proof  upon  the  land  so  held  by  the  deceased 
soldier  and  settler,  and  that  the  death  of  such  soldier  while  so  en- 
gaged in  the  service  of  the  United  States  shall,  in  the  administration 
of  the  homestead  laws,  be  construed  to  be  equivalent  to  a  perform- 
ance of  all  requirements  as  to  residence  and  cultivation  for  the  full 
period  of  five  years,  and  shall  entitle  his  widow,  if  unmarried,  or 
in  case  of  her  death  or  marriage,  then  his  minor  orphan  children  or 
his  or  their  legal  representatives,  to  make  final  proof  upon  and 
receive  Government  patent  for  said  land ;  and  that  upon  proof  pro- 
duced to  the  officers  of  the  proper  local  land  office  by  the  widow, 
if  unmarried,  or  in  case  of  her  death  or  marriage,  then  his  minor 
orphan  children  or  his  or  their  legal  representatives,  that  the  appli- 
cant for  patent  is  the  widow,  if  unmarried,  or  in  case  of  her  death 
or  marriage,  his  orphan  children  or  his  or  their  legal  representa- 
tives, and  that  such  soldier,  sailor,  or  marine  died  while  in  the 
service  of  the  United  States  as  hereinbefore  described,  the  patent 
for  such  land  shall  issue.  (As  amended  by  Act  of  March  1,  1901.) 

For  sec.  2307  see  page  343. 

For  sec.  2309  see  page  343. 

See  Table  of  Revised  Statutes  cited  and  construed,  page  527. 

(No.  2.) 
THEEE  HUNDBED  AND   TWENTY  ACEE  LIMITATION. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 

United  States  of  America  in  Congress  assembled, 

*  *  *  *  *  * 

No  person  who  shall,  after  the  passage  of  this  act,  enter  upon 
any  of  the  public  lands  with  a  view  to  occupation,  entry,  or  settle- 
ment under  any  of  the  land  laws  shall  be  permitted  to  acquire  title 
to  more  than  three  hundred  and  twenty  acres  in  the  aggregate, 
under  all  of  said  laws,  but  this  limitation  shall  not  operate  to  curtail 
the  right  of  any  person  who  has  heretofore  made  entry  or  settle- 
ment on  the  public  lands,  or  whose  occupation,  entry,  or  settlement 
is  validated  by  this  Act:  Provided,  That  in  all  patents  for  lands 
hereafter  taken  up  under  any  of  the  land  laws  of  the  United  States 
or  on  entries  or  claims  validated  by  this  Act,  west  of  the  one  hun- 
dredth meridian,  it  shall  be  expressed  that  there  is  reserved  from 
the  lands  in  said  patent  described  a  right  of  way  thereon  for  ditches 
or  canals  constructed  by  the  authority  of  the  United  States. 

Approved,  August  30,  1890.     (26  Stat.,  391.) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 

United  States  of  America  in  Congress  assembled, 

**##*» 


345 

Sec.  17.  That  reservoir  sites  located  or  selected  and  to  be 
located  and  selected  under  the  provisions  of  "An  Act  making  ap- 
propriations for  sundry  civil  expenses  of  the  Government  for  the 
fiscal  year  ending  June  thirtieth,  eighteen  hundred  and  eighty-nine, 
and  for  other  purposes,"  and  amendments  thereto,  shall  be  re- 
stricted to  and  shall  contain  only  so  much  land  as  is  actually  neces- 
sary for  the  construction  and  maintenance  of  reservoirs,  excluding  so 
far  as  practicable  lands  occupied  by  actual  settlers  at  the  date  of 
the  location  of  said  reservoirs;  and  that  the  provisions  of  "An  Act 
making  appropriations  for  sundry  civil  expenses  of  the  Government 
for  the  fiscal  year  ending  June  thirtieth,  eighteen  hundred  and 
ninety-one,  and  for  other  purposes,"  which  reads  as  follows,  viz: 
"No  person  who  shall  after  the  passage  of  this  Act  enter  upon  any 
of  the  public  lands  with  a  view  to  occupation,  entry,  or  settlement 
under  any  of  the  land  laws  shall  be  permitted  to  acquire  title  to 
more  than  three  hundred  and  twenty  acres  in  the  aggregate  under 
all  said  laws,"  shall  be  construed  to  include  in  the  maximum 
amount  of  lands  the  title  to  which  is  permitted  to  be  acquired  by 
one  person  only  agricultural  lands,  and  not  include  lands  entered 
or  sought  to  be  entered  under  mineral-land  laws. 

Approved,  March  3,  1891.    (26  Stat.,  1095.) 

(No.  3.) 
FEEE  HOMESTEAD  ACT. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  all  set- 
tlers under  the  homestead  laws  of  the  United  States  upon  the 
agricultural  public  lands,  which  have  already  been  opened  to  settle- 
ment, acquired  prior  to  the  passage  of  this  Act  by  treaty  or  agree- 
ment from  the  various  Indian  tribes,  who  have  resided  or  shall 
hereafter  reside  upon  the  tract  entered  in  good  faith  for  the  period 
required  by  existing  law,  shall  be  entitled  to  a  patent  for  the  land 
so  entered  upon  the  payment  to  the  local  land  officers  of  the  usual 
and  customary  fees,  and  no  other  or  further  charge  of  any  kind 
whatsoever  shall  be  required  from  such  settler  to  entitle  him  to  a 
patent  for  the  land  covered  by  his  entry :  Provided,  That  the  right 
to  commute  any  such  entry  and  pay  for  said  lands  in  the  option  of 
any  such  settler  and  in  the  time  and  at  the  prices  now  fixed  by 
existing  laws  shall  remain  in  full  force  and  effect :  Provided,  how- 
ever, That  all  sums  of  money  so  released  which  if  not  released  would 
belong  to  any  Indian  tribe  shall  be  paid  to  such  Indian  tribe  by  the 
United  States,  and  that  in  the  event  that  the  proceeds  of  the  annual 
sales  of  the  public  lands  shall  not  be  sufficient  to  meet  the  payments 
heretofore  provided  for  agricultural  colleges  and  experimental  sta- 
tions by  an  Act  of  Congress,  approved  August  thirtieth,  eighteen 
hundred  and  ninety,  for  the  more  complete  endowment  and  support 
of  the  colleges  for  the  benefit  of  agriculture  and  mechanic  arts, 
established  under  the  provisions  of  an  Act  of  Congress,  approved 
July  second,  eighteen  hundred  and  sixty-two,  such  deficiency  shall 
be  paid  by  the  United  States :  And  provided  further,  That  no  lands 
shall  be  herein  included  on  which  the  United  States  Government 
had  made  valuable  improvements,  or  lands  that  have  been  sold  at 
public  auction  by  said  Government. 


346 

Sec.  2.  That  all  Acts  or  parts  of  Acts  inconsistent  -with  the 
provisions  of  this  Act  are  hereby  repealed. 

Approved,  May  17,  1900.     (31  Stat.,  179.) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  pro- 
visions of  section  twenty-three  hundred  and  one  of  the  Revised 
Statutes  of  the  United  States,  as  amended,  allowing  homestead 
settlers  to  commute  their  homestead  entries  be,  and  the  same  hereby 
are,  extended  to  all  homestead  settlers  affected  by  or  entitled  to 
the  benefits  of  the  provisions  of  the  Act  entitled  "An  Act  providing 
for  free  homesteads  on  the  public  lands  for  actual  and  bona  fide 
settlers,  and  reserving  the  public  lands  for  that  purpose, ' '  approved 
the  seventeenth  day  of  May,  anno  Domini  nineteen  hundred:  Pro- 
vided, however,  That  in  commuting  such  entries  the  entryman  shall 
pay  the  price  provided  in  the  law  under  which  original  entry  was 
made. 

Approved,  January  26,  1901.     (31  State.,  740.) 

(No.  4.) 
ADDITIONAL  HOMESTEAD  ENTRIES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 

United  States  of  America  in  Congress  assembled, 

****** 

Sec.  6.  That  every  person  entitled,  under  the  provisions  of  the 
homestead  law,  to  enter  a  homestead,  who  has  heretofore  complied 
with  or  who  shall  hereafter  comply  with  the  conditions  of  said  laws, 
and  who  shall  have  made  his  final  proof  thereunder  for  a  quantity 
of  land  less  than  one  hundred  and  sixty  acres  and  received  the 
Receiver's  final  receipt  therefor,  shall  be  entitled  under  said  laws 
to  enter  as  personal  right,  and  not  assignable,  by  legal  subdivisions 
of  the  public  lands  of  the  United  States  subject  to  homestead  entry, 
so  much  additional  land  as  added  to  the  quantity  previously  so 
entered  by  him  shall  not  exceed  one  hundred  and  sixty  acres :  Pro- 
vided, That  in  no  case  shall  patent  issue  for  the  land  covered  by 
such  additional  entry  until  the  person  making  such  additional  entry 
shall  have  actually  and  in  conformity  writh  the  homestead  laws 
resided  upon  and  cultivated  the  lands  so  additionally  entered,  and 
otherwise  fully  complied  with  such  laws:  Provided  also,  That  this 
section  shall  not  be  construed  as  affecting  any  rights  as  to  location 
of  soldiers'  certificates  heretofore  issued  under  section  two  thou- 
sand three  hundred  and  six  of  the  Revised  Statutes. 

Approved,  March  2,  1889.     (25  Stat.,  854.) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 

United  States  of  America  in  Congress  assembled, 

****** 

Sec.  2.  That  any  homestead  settler  who  has  heretofore  entered, 
or  may  hereafter  enter,  less  than  one-quarter  section  of  land  may 
enter  other  and  additional  land  lying  contiguous  to  the  original 
entry  which  shall  not,  with  the  land  first  entered  and  occupied, 
exceed  in  the  aggregate  one  hundred  and  sixty  acres,  without  proof 
of  residence  upon  and  cultivation  of  the  additional  entry;  and  if 
final  proof  of  settlement  and  cultivation  has  been  made  for  the 
original  entry  when  the  additional  entry  is  made,  then  the  patent 


347 

shall  issue  without  further  proof :  Provided,  That  this  section  shall 
not  apply  to  or  for  the  benefit  of  any  person  who  does  not  own  and 
occupy  the  lands  covered  by  the  original  entry:  And  provided, 
That  if  the  original  entry  should  fail  for  any  reason  prior  to  patent, 
or  should  appear  to  be  illegal  or  fraudulent,  the  additional  entry 
shall  not  be  permitted,  or,  if  having  been  initiated,  shall  be  canceled. 

Sec.  3.  That  commutation  under  the  provisions-  of  section 
twenty-three  hundred  and  one  of  the  Revised  Statutes  shall  not  be 
allowed  of  an  entry  made  under  this  Act. 

Approved,  April  28,  1904.     (33  Stat.,  527.) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled, 

*  %  :"=  *  *  * 

Sec.  2.  That  any  person  who  has  heretofore  made  entry  under 
the  homestead  laws  and  commuted  same  under  provisions  of  section 
twenty-three  hundred  and  one  of  the  Revised  Statutes  of  the  United 
States  and  the  amendments  thereto,  shall  be  entitled  to  the  benefits 
of  the  homestead  laws,  as  though  such  former  entry  had  not  been 
made,  except  that  commutation  under  the  provisions  of  section 
twenty-three  hundred  and  one  of  the  Revised  Statutes  shall  not  be 
allowed  of  an  entry  made  under  this  section  of  this  Act. 

Approved,  June  5,  1900.     (31  Stat.,  267.) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 

United  States  of  America  in  Congress  assembled, 

****** 

Sec.  2.  That  any  person  who,  prior  to  the  passage  of  an  Act 
entitled  "An  Act  providing  for  free  homesteads  on  the  public  lands 
for  actual  and  bona  fide  settlers,  and  reserving  the  public  lands 
for  that  purpose,"  approved  May  seventeenth,  nineteen  hundred, 
having  made  a  homestead  entry  and  perfected  the  same  and 
acquired  title  to  the  land  by  final  entry  by  having  paid  the  price 
provided  in  the  law  opening  the  land  to  settlement,  and  who  would 
have  been  entitled  to  the  provisions  of  the  act  before  cited  had 
final  entry  not  been  made  prior  to  the  passage  of  said  Act,  may 
make  another  homestead  entry  of  not  exceeding  one  hundred  and 
sixty  acres  of  any  of  the  public  lands  in  any  State  or  Territory 
subject  to  homestead  entry:  Provided,  That  any  person  desiring 
to  make  another  entry  under  this  Act  will  be  required  to  make 
affidavit,  to  be  transmitted  with  the  other  filing  papers  now  re- 
quired by  law,  giving  the  description  of  the  tract  formerly  entered, 
date  and  number  of  entry,  and  name  of  the  land  office  where  made, 
or  other  sufficient  data  to  admit  of  readily  identifying  it  on  the 
official  records :  And  provided  further,  That  said  person  has  all  the 
other  proper  qualifications  of  a  homestead  entryman :  And  provided 
also,  That  commutation  under  section  twenty-three  hundred  and 
one  of  the  Revised  Statutes  or  any  amendment  thereto,  or  any  simi- 
lar statute,  shall  not  be  permitted  of  an  entry  made  under  this  Act, 
excepting  where  the  final  proof  submitted  on  the  former  entry 
hereinbefore  described,  shows  a  residence  upon  the  land  covered 
thereby  for  the  full  period  of  five  years  or  such  term  of  residence 
thereon  as  added  to  any  properly  credited  military  or  naval  service 
shall  equal  such  period  of  five  years. 

Approved,  May  22,  1902.     (32  Stat.,  203.) 


348 

(No.  5.) 
SECOND  HOMESTEAD  ENTRIES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  any  person 
who,  prior  to  the  approval  of  this  Act,  has  made  entry  under  the 
homestead  or  desert-land  laws,  but  who,  subsequently  to  such  entry, 
from  any  cause  shall  have  lost,  forfeited,  or  abandoned  the  same, 
shall  be  entitled  to  the  benefits  of  the  homestead  or  desert-land 
laws  as  though  such  former  entry  had  not  been  made,  and  any 
person  applying  for  a  second  homestead  or  desert-land  entry  under 
this  Act  shall  furnish  a  description  and  the  date  of  his  former 
entry :  Provided,  That  the  provisions  of  this  Act  shall  not  apply  to 
any  person  whose  former  entry  was  canceled  for  fraud,  or  who 
relinquished  his  former  entry  for  a  valuable  consideration  in  excess 
of  the  filing  fees  paid  by  him  on  his  original  entry. 
Approved,  February  3,  1911.  (Public— No.  340.) 
See  table  of  Acts  of  Congress  cited  and  construed. 

(No.  6.) 
BIGHTS   OF   SETTLERS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 

United  States  of  America  in  Congress  assembled, 

****** 

Sec.  3.  That  any  settler  who  has  settled,  or  who  shall  hereafter 
settle,  on  any  of  the  public  lands  of  the  United  States,  whether  sur- 
veyed or  unsurveyed,  with  the  intention  of  claiming  the  same  under 
the  homestead  laws,  shall  be  allowed  the  same  time  to  file  his  home- 
stead application  and  perfect  his  original  entry  in  the  United 
States  Land  Office  as  is  now  allowed  to  settlers  under  the  pre- 
emption laws  to  put  their  claims  on  record,  and  his  right  shall  re- 
late back  to  the  date  of  settlement  the  same  as  if  he  settled  under 
the  preemption  laws. 

Approved,  May  14,  1880.     (21  Stat.,  140.) 
(See  all  similar  laws  application  and  settlement.) 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled, 

*  *  *  =x=  *  .          * 

Sec.  2.  That  all  commutations  of  homestead  entries  shall  be 
allowed  after  the  expiration  of  fourteen  months  from  date  of  settle- 
ment. 

Approved,  June  3,  1896.     (29  Stat.,  197.) 

(No.  7.) 

HOMESTEAD  ENTRY  BY  MARRIED  WOMAN. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  third 
section  of  the  Act  of  Congress  approved  May  fourteenth,  eighteen 
hundred  and  eighty,  entitled  "An  Act  for  the  relief  of  settlers  on 
the  public  lands,"  be  amended  by  adding  thereto  the  following: 

"Where  an  unmarried  woman  who  has  heretofore  settled,  or 
may  hereafter  settle,  upon  a  tract  of  public  land,  improved,  estab- 
lished, and  maintained  a  bona  fide  residence  thereon,  with  the  in- 
tention of  appropriating  the  same  for  a  home,  subject  to  the  home- 


349 

stead  law,  and  has  married,  or  shall  hereafter  marry,  before  making 
entry  of  said  land,  or  before  making  application  to  enter  said  land, 
she  shall  not,  on  account  of  her  marriage,  forfeit  her  right  to  make 
entry  and  receive  patent  for  the  land :  Provided,  That  she  does  not 
abandon  her  residence  on  said  land,  and  is  otherwise  qualified  to 
make  homestead  entry:  Provided  further,  That  the  man  whom  she 
marries  is  not,  at  the  time  of  their  marriage,  claiming  a  separate 
tract  of  land  under  the  homestead  law. 

''That   this   Act   shall   be   applicable   to   all  unpatented   lands 
claimed  by  such  entry  woman  at  the  date  of  passage." 
Approved,  June  6,  1900.     (31  Stat.,  683.) 
(See  Married  Women  and  Deserted  Wives,  page  266.) 

(No.  8.) 
Settlers  Who  Become  Insane.     (See  pages  26-31,  353.) 

(No.  9.) 
Leaves  of  absence.     (See  pages  26-31,  337.) 

(No.  10.) 
FINAL  PROOF  NOTICE. 

Act  approved  March  3,  1879  (20  Stat.,  472).    (See  page  216.) 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 

United  States  of  America  in  Congress  assembled, 

*  *  *  ?:=  *  * 

Sec.  7.  That  the  "Act  to  provide  additional  regulations  for 
homestead  and  preemption  entries  of  public  land,"  approved  March 
third,  eighteen  hundred  and  seventy-nine,  shall  not  be  construed  to 
forbid  the  taking  of  testimony  for  final  proof  within  ten  days  fol- 
lowing the  day  advertised  as  upon  which  such  final  proof  shall  be 
made,  in  cases  where  accident  or  unavoidable  delays  have  prevented 
the  applicant  or  witnesses  from  making  such  proof  on  the  date 
specified. 

Approved,  March  2, 1889.    (25  Stat.,  854.) 

(No.  11.) 
PENALTIES   FOR   DESTROYING   CORNER  MONUMENTS. 

United  States  Criminal  Code — Chapter  4,  Section  57. 
Sec.  57.     Whoever  shall  wilfully  destroy,  deface,  change,  or  re- 
move to  another  place  any  section  corner,  quarter-section  corner,  or 
meander  post,  on  any  Government  line  of  survey,  or  shall  wilfully 
cut  down  any  witness  tree  or  any  tree  blazed  to  mark  the  line  of  a 
Government  survey,  or  shall  wilfully  deface,  change,  or  remove  any 
monument  or  benth  mark  of  any  Government  survey,  shall  be  fined 
not  more  than  two  hundred  and  fifty  dollars,  or  imprisoned  not 
more  than  six  months  or  both. 
Approved. 

(No.  12.) 
RELINQtTISHMENTS. 

(See  page  543.) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  when  a  pre- 
emption, homestead,  or  timber-culture  claimant  shall  file  a  written 
relinquishment  of  his  claim  in  the  local  land  office,  the  land  covered 


350 

by  such  claim  shall  be  held  as  open  to  settlement  and  entry  without 
further  action  on  the  part  of  the  Commissioner  of  the  General  Land 

Office. 

****** 

Approved,  May  14,  1880..    (21  Stat,  140.) 

(No.  13.) 

INSTRUCTIONS    CONCERNING   ABSENCE    BY    OFFICEHOLDERS    FROM 
THEIR  HOMESTEADS. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  February  20,  1909. 
Registers  and  Receivers, 

United  States  Land  Offices. 

Gentlemen:  In  the  case  of  Ed  Jenkins,  decided  by  the  department  Feb- 
ruary 3,  1909,  it  was  held  that  the  absence  of  a  person  from  his  homestead 
entry  on  account  of  his  duties  as  a  public  official  can  not  be  excused  in  the 
consideration  of  commutation  proof. 

Attention  is  called  to  circular  of  February  16,  1909,  a  copy  of  which  is 
printed  below. 

In  no  case  is  official  employment  to  be  accepted  as  an  excuse  for  absence 
from  a  homestead  entry  where  commutation  proof  is  offered.  The  making  of 
commutation  proof  is  to  be  governed  by  the  provisions  of  the  circular  of 
October  18,  1907,  a  copy  of  which  is  also  printed  below. 

Very  respectfully,  Fred  Dennett, 

Commissioner. 

Washington,  D.  C.,  February  16,  1909. 
Registers  and  Receivers, 

United  States  Land  Offices. 

Gentlemen:  For  many  years  it  has  been  the  practice  of  the  department 
to  permit  a  homestead  entryman  who  had  established  residence  upon  his  claim 
and  afterwards  had  been  elected  or  appointed  to  a  Federal,  State,  or  county 
office,  to  be  absent  from  his  entry  if  required  by  his  official  duty,  and  to 
consider  such  absence  constructive  residence  upon  his  claim.  This  ruling 
includes  deputies  and  assistants  in  such  offices.  See  2  L.  D.,  147;  6  L.  D., 
668;  7  L.  D.,  88;  9  L.  D.,  523-525;  17  L.  D.,  195;  21  L.  D.,  155. 

This  privilege,  which  is  not  a  statutory  right  but  rests  solely  upon  depart- 
mental rulings,  has  led  to  such  grave  abuse  that  the  objects  of  the  homestead 
law  have  been  to  a  great  extent  defeated.  Therefore,  the  department  has 
decided  to  discontinue  the  said  practice  in  so  far  as  it  has  been  applied  to 
persons  appointed  to  office,  and  limit  it  to  persons  elected  to  office.  All 
decisions  and  instructions  heretofore  given,  not  in  harmony  with  this  view, 
are  hereby  overruled  or  modified  in  so  far  as  they  accredit  such  absence  as 
residence  to  persons  not  elected  to  office. 

It  is  not  intended,  however,  to  disturb  the  status  of  persons  who  have 
acted  under  the  rule  heretofore  prevailing,  nor  to  deny  the  benefit  of  the  rule 
to  persons  who,  prior  to  April  1,  1909,  shall  have  been  appointed  to  such  office. 
Persons  having  homestead  entries,  who  enter  upon  public  service  in  nonelective 
positions  to  which  they  were  not  appointed  prior  to  the  above  date,  will  be 
required  to  comply  fully  with  all  of  the  provisions  of  the  homestead  law  just 
as  other  settlers. 

Very  respectfully,  Fred  Dennett, 

Approved:  Commissioner. 

Frank  Pierce, 

Acting  Secretary. 

(No.  14.) 
COMMUTATION  PROOF. 

Washington,  D.  C.,  October  18,  1907. 
Registers  and  Receivers, 

United  States  Land  Offices. 

Gentlemen:  The  following  rules  will  govern  your  action  upon  homestead 
commutation  proofs  hereafter  submitted,  namely: 

1.    Commutation  proof  offered  under  a  homestead  entry  made  on  or  after 


351 

November  1,  1907,  will  be  rejected  unless  it  be  shown  thereby  that  the 
entryman  has,  in  good  faith,  actually  resided  upon  and  cultivated  the  land 
embraced  in  such  entry  for  the  full  period  of  at  least  14  months. 

2.  Whore  such  commutation  proof  is   offered  under  an   entry  made  prior 
to  November  1,  1907,  if  it  be  satisfactorily  shown  thereby  that  the  entryman 
had,  in  good,  faith,  established  actual  residence  on  the  land  within  six  months 
from  the  date  of  his  entry,  he  may  be  credited  with  constructive  residence 
from  date   of  entry:     Provided,   That   it   be   also   shown   that   such   residence 
was,  in  good  faith,  maintained  for  such  period  as,  when  added  to  the  period 
of    constructive    residence    herein    recognized,    equals    the    full    period    of    14 
months'  residence  required  by  the  homestead  laws;  and 

3.  In  no  case  can  commutation  proof  be  accepted  when  it  fails  to  show 
that  the  required  residence  and  cultivation   continued   to  the  date  on  which 
application  for  notice  of  intention  to  make  such  proof  was  filed. 

Very  respectfully,  B.  A.  Ballinger, 

Approved.  Commissioner. 

James  Kudolph  Garfield, 

Secretary. 

(The  rule  of  constructive  residence  has  been  abolished.) 
See  Commutation  and  Final  Proof. 

(No.  15.) 
ENLARGED  HOMESTEADS. 

35  Stat.,  639.     (See  pages  196,  210.) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  any  person  who  is  a  qualified 
entryman  under  the  homestead  laws  of  the  United  States  may  enter,  by  legal 
subdivision,  under  the  provisions  of  this  act,  in  the  State  of  Idaho,  three 
hundred  and  twenty  acres  or  less  of  arid  nonmineral,  nonirrigable,  unreserved, 
and  unappropriated  surveyed  public  lands  which  do  not  contain  merchantable 
timber,  located  in  a  reasonably  compact  body  and  not  over  one  and  one-half 
miles  in  extreme  length:  Provided,  That  no  lands  shall  be  subject  to  entry 
under  the  provisions  of  this  Act  until  the  lands  shall  have  been  designated 
by  the  Secretary  of  the  Interior  as  not  being,  in  his  opinion,  susceptible  of 
successful  irrigation,  at  a  reasonable  cost,  from  any  known  source  of  water 
supply. 

(Sections  2,  3,  4,  and  5  of  this  Act  are  in  the  exact  language  of  corre- 
sponding sections  of  the  Act  of  February  19,  1909,  supra.) 

Sec.  6.  That  whenever  the  Secretary  of  the  Interior  shall  find  that  any 
tracts  of  land  in  the  State  of  Idaho  subject  to  entry  under  this  act  do  not 
have  upon  them  such  a  sufficient  supply  of  water  suitable  for  domestic  pur- 
poses as  would  make  continuous  residence  upon  the  lands  possible,  he  may, 
in  his  discretion,  designate  such  tracts  of  land,  not  to  exceed  in  the 
aggregate  three  hundred  and  twenty  thousand  acres,  and  thereafter  they  shall 
be  subject  to  entry  under  this  Act,  without  the  necessity  of  lesidence  upon 
the  land  entered:  Provided,  That  the  entryman  shall  in  good  faith  cultivate 
not  less  than  one-eighth  of  the  entire  area  of  the  entry  during  the  second  year, 
one-fourth  during  the  third  year,  and  one-half  during  the  fourth  and  fifth 
years  after  the  date  of  said  entry,  and  that  after  six  months  from  date  of 
entry  and  until  final  proof  the  entryman  shall  reside  not  more  than  twenty 
miles  from  said  land  and  be  engaged  personally  in  preparing  the  soil  for 
seed,  seeding,  cultivating,  and  harvesting  crops  upon  the  land  during  the  usual 
seasons  for  such  work  unless  prevented  by  sickness  or  other  unavoidable 
cause.  Leave  of  absence  from  a  residence  established  under  this  section  may, 
however,  be  granted  upon  the  same  terms  and  conditions  as  are  required  of 
other  homestead  entrymen. 

Approved,  June  17,  1910.     (36  Stat.,  531.) 


CIRCULAR  No.  157. 

ADDITIONAL    ENTRIES    UNDER    ENLARGED    HOMESTEAD 
ACTS— INSTRUCTIONS. 

DEPARTMENT  OP  THE  INTERIOR, 

GENERAL  LAND  OFFICE, 
Washington,  D.  C.,  August  14,  1912. 
REGISTERS  AND  RECEIVERS, 

United  States  Land  Offices,  Arizona,  California,  Colorado, 
Idaho,  Montana,  Nevada,  New  Mexico,  North  Dakota,  Oregon, 
Utah,  Washington,  and  Wyoming. 

Gentlemen:  In  a  decision  rendered  June  11,  1912  (in  the 
case  of  John  Auld,  Havre  series  08277),  the  department  held  that 
where  a  person  has  an  entry  under  the  general  homestead  law  more 
than  seven  years  old,  he  is  not  entitled  to  make  an  additional  entry 
under  section  3  of  the  enlarged  homestead  act  of  February  19,  1909 
(35  Stat,  639),  or  June  17,  1910  (36  Stat.,  531),  though  proof  has 
not  been  submitted  on  the  original  entry. 
The  department  in  said  decision  said: 

"It  will  be  observed  that  said  section  (3)  makes  no  provision  for 
allowance  of  an  entry  under  said  act  as  additional  to  a  former  entry 
upon  which  proof  has  been  offered.  It  is  not  conceivable  that  a 
right  to  make  such  additional  entry  could  be  gained  by  deferring 
the  making  of  final  proof  on  an  original  entry  beyond  the  fixed, 
legal  statutory  period.  If  proof  be  made  upon  the  original  entry, 
or  if  the  statutory  period  within  which  such  proof  is  required  by 
law  to  be  made  expires  prior  to  the  making  of  additional  entry,  then 
the  right  granted  by  section  3  has  lapsed  and  is  of  no  avail.  To 
hold  otherwise  would  permit  circumvention  of  the  law  and  would 
grant  a  right  clearly  not  intended  in  the  act." 

The  department  further  says  that  while  the  board  of  equitable 
adjudication  may,  upon  a  proper  showing,  confirm  the  original 
entry,  notwithstanding  submission  of  the  proof  after  expiration  of 
the  statutory  period  of  seven  years,  the  fact  that  an  entryman  may 
show  himself  entitled  to  equitable  consideration  by  the  board  would 
not  operate  to  confer  upon  him  the  right  of  additional  entry. 

You  will  govern  yourselves  by  the  principles  above  indicated, 
and  reject  all  applications  for  additional  entry  filed  under  the  con- 
ditions named  in  the  decision.  The  same  principles  will  apply  where 
the  expiration  of  the  statutory  life  of  an  entry  occurs  under  the  pro- 
visions of  the  act  of  June  6,  1912  (Public,  No.  179). 

Very  respectfully, 
Approved : 

FRED  DENNETT,  Commissioner. 
SAMUEL  ADAMS, 

First  Assistant  Secretary. 

INSANE  ENTRYMAN. 

General  circular  of  January  25,  1904,  provides : 
The  rights  of  homestead  claimant  who  has  become  insane  may, 
under  Act  of  June  8,  1880,  be  proved  up  and  his  claim  perfected 
by  any  person  duly  authorized  to  act  for  him  during  his  disability. 
(21  Stat.  L.,  166.) 

Such  claim  must  have  been  initiated  in  full  compliance  with  law, 


353 

by  a  person  who  was  a  citizen  or  had  declared  his  intention  of  be- 
coming a  citizen  and  was  in  other  respects  duly  qualified. 

The  party  for  whose  benefit  the  Act  shall  be  invoked  must  have 
become  insane  subsequent  to  the  initiation  of  his  claim. 

Claimant  must  have  complied  with  the  law  up  to  the  time  of 
becoming  insane,  and  proof  of  compliance  will  be  required  to  cover 
only  the  period  prior  to  such  insanity,  but  the  Act  will  not  be  con- 
strued to  cure  a  failure  to  comply  with  the  law  when  the  failure 
occurred  prior  to  such  insanity. 

The  final  proof  must  be  made  by  a  party  whose  authority  to 
act  for  the  insane  person  during  his  disability  shall  be  duly  certified 
under  seal  of  the  proper  Probate  Court. 

SETTLERS  WHO  BECOME  INSANE. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  in  all  cases  in  which  parties 
who  regularly  initiated  claims  to  public  lands  as  settlers  thereon,  according  to 
the  provisions  of  the  preemption  or  homestead  laws,  have  become  insane  or 
shall  hereafter  become  insane  before  the  expiration  of  the  time  during  which 
their  residence,  cultivation,  or  improvement  of  the  land  claimed  by  them  is 
required  by  law  to  be  continued  in  order  to  entitle  them  to  make  the  proper 
proof  and  perfect  their  claims,  it  shall  be  lawful  for  the  required  proof  and 
payment  to  be  made  for  their  benefit  by  any  person  who  may  be  legally  author- 
ized to  act  for  them  during  their  disability,  and  thereupon  their  claims  shall 
be  confirmed  and  patented,  provided  it  shall  be  shown  by  proof  satisfactory 
to  the  Commissioner  of  the  General  Land  Office  that  the  parties  complied  in 
good  faith  with  the  legal  requirements  up  to  the  time  of  their  becoming  insane, 
and  the  requirements  in  homestead  entries  of  an  affidavit  of-  allegiance  by 
the  applicant  in  certain  cases  as  a  prerequisite  to  the  issuing  of  the  patents 
shall  be  dispensed  with  so  far  as  regards  such  insane  parties. 

Approved,  June  8,  1880.     (21  Stat.,  166.) 

Consult  table  of  Acts  of  Congress  cited  and  construed. 

Consult  three  year  homestead  law. 

Consult  title  ''Contests." 

[Circular  No.  71.] 

ISOLATED  TRACTS— SECTION  2455,  REVISED  STATUTES,  AS 
AMENDED  BY  ACT  OF  JUNE  27,  1906  (34  STATS.,  517). 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  January  18,  1912. 
Registers  and  Receivers,  United  States  Land  Offices. 

Sirs:  The  sale  of  isolated  tracts  of  public  lands  outside  of  the 
area  in  the  State  of  Nebraska  described  in  the  Act  of  March  2,  1907 
(34  Stats.,  1224),  is  authorized  by  the  provisions  of  the  Act  of  June 
27,  1906  (34  Stats.,  517),  amending  section  2455*  of  the  Revised 
Statutes. 

1.  Applications   to   have   isolated   tracts   ordered   into   market 
must  be  filed  with  the  Register  and  Receiver  of  the  local  land  office 
in  the  district  wherein  the  lands  are  situated. 

2.  Applicants  must  show  by  their  affidavits,  corroborated  by 
at  least  two  witnesses,  that  the  land  contains  no  salines,  coal,  or 
other  minerals;   the   amount,   kind,   and   value   of  timber   or  stone 
thereon,  if  any;  whether  the  land  is  occupied,  and  if  so  the  nature 
of  the  occupancy:  for  what  purpose  the  land  is  chiefly  valuable; 
why  it  is  desired  that  same  be  sold;  that  applicant  desires  to  pur- 

*Amended,  see  page  358.     (See  Isolated  Tracts  of  Coal  Land,  page  360.) 


354 

chase  the  land  for  his  own  individual  use  and  actual  occupation 
and  not  for  speculative  purposes,  and  that  he  has  not  heretofore 
purchased,  under  section  2455,  Revised  Statutes,  or  the  amendments 
thereto,  isolated  tracts,  the  area  of  which,  when  added  to  the  area 
now  applied  for,  will  exceed  approximately  160  acres;  and  that  he 
is  a  citizen  of  the  United  States,  or  has  declared  his  intention  to 
become  such.  If  applicant  has  heretofore  purchased  lands  under 
the  provisions  of  the  Acts  relating  to  isolated  tracts,  same  must  be 
described  in  the  application  by  subdivision,  section,  township,  and 
range. 

3.  The  affidavits  of  applicants  to  have  isolated  tracts  ordered 
into  market,  and  of  their  corroborating  witnesses,  may  be  executed 
before  any  officer  having  a  seal  and  authorized  to  administer  oaths 
in  the  county  or  land  district  in  which  the  tracts  described  in  the 
applications  are  situated. 

4.  The  officer  before  whom  such  affidavits  are  executed  will 
cause  each  applicant  and  his  witnesses  to  fully  answer  the  questions 
contained  upon  the  accompanying  form  and,  after  the  answers  to 
the  questions  therein  contained  have  been  reduced  to  writing,  to 
sign  and  swear  to  same  before  him. 

5.  No  sale  will  be  authorized  upon  the  application  of  a  person 
who  has  purchased  under  section  2455,  Revised  Statutes,  or  the 
amendments  thereto,  any  lands,  the  area  of  which,  when  added  to 
the  area  applied  for,  shall  exceed  approximately  160  acres. 

6.  Only  one  tract  may  be  included  in  an  application  for  sale, 
and  no  tract  exceeding  approximately  160  acres  in  area  will  be 
ordered  into  the  market. 

7.  No  tract  of  land  will  be  deemed  isolated  and  ordered  into  the 
market  unless,  at  the  time  application  is  filed,  the  said  tract  has 
been  subject  to  homestead  entry  for  at  least  two  years  after  the 
surrounding  lands  have  been  entered,  filed  upon,  or  sold  by  the 
Government,  except  in  cases  where  some  extraordinary  reason  is 
advanced   sufficient,   in  the   opinion   of   the   Commissioner  of  the 
General  Land  Office,  to  warrant  waiving  this  restriction. 

8.  The  local  officers  will  on  receipt  of  applications  note  same 
upon  the  tract  books  of  their  office,  and  if  the  applications  are  not 
properly  executed,  or  not  corroborated,  they  will  reject  the  same 
subject  to  the  right  of  appeal.     Applications  found  to  be  properly 
executed  and  corroborated  will  be  disposed  of  as  follows:     (1)  If 
all,  or  any  portion,  of  the  land  applied  for  is  not  subject  to  dis- 
position under  the  provisions  of  paragraph  7.  or  by  reason  of  some 
prior  appropriation  of  the  land,  the  application  will  be  forwarded 
to  the  General  Land  Office  with  the  monthly  returns,  accompanied 
by  a  report  as  to  the  status  of  the  land  applied  for  and  the  sur- 
rounding lands,  and  any  other  objection  to  the  offering  known  to 
the  local  officers.     Upon  determining  what  portion,  if  any,  of  the 
lands  applied  for  should  be  ordered  into  the  market,  the  Commis- 
sioner of  the  General  Land  Office  will  call  upon  the  local  officers 
and  the  Chief  of  Field  Division  for  the  report,  as  next  provided  for. 
concerning  the  value  of  the  land.     (2)  If  all  of  the  land  applied  for 
is  vacant  and  not  withdrawn  or  otherwise  reserved  from  such  dis- 
position, and  the  status  of  the  surrounding  lands  is  such  that  a  sale 
might  properly  be  ordered  under  paragraph  7.   the  local  officers 
after  noting  the  application  on  their  records,  will  promptly  forward 


355 

the  same  to  the  Chief  of  Field  Division  for  report  as  to  the  value  of 
the  land  and  any  objection  he  may  wish  to  interpose  to  the  sale,  and 
the  Register  will  make  proper  notations  on  his  schedule  of  serial 
numbers  in  the  event  the  application  is  not  returned  in  time  to  be 
forwarded  with  the  returns  for  the  month  in  which  it  is  filed.  Upon 
receipt  of  the  application  from  the  Chief  of  Field  Division  with  his 
report  thereon,  the  local  officers  will  attach  their  report  as  to  the 
status  of  the  land  and  that  surrounding,  the  value  of  the  land  ap- 
plied for,  if  they  have  any  knowledge  concerning  the  same,  and 
any  objection  to  the  sale  known  to  them,  and  forward  the  papers  to 
the  General  Land  Office  with  the  returns  for  the  current  month. 

9.  An  application  for  sale  under  these  instructions  will  not 
segregate  the  land  from  entry  or  other  disposal,  for  such  lands  may 
be  entered  at  any  time  prior  to  the  receipt  in  the  local  land  office  of 
the  letter  authorizing  the  sale  and  its  notation  of  record.  Should 
all  of  the  land  applied  for  be  entered  or  filed  upon  while  the  appli- 
cation for  sale  is  in  the  hands  of  the  Chief  of  Field  Division,  the 
local  officers  will  so  advise  him  and  request  the  return  of  the  appli- 
cation for  forwarding  to  the  General  Land  Office.  Likewise,  should 
any  or  all  of  the  land  be  entered  or  filed  upon  while  the  application 
for  sale  is  pending  before  the  General  Land  Office,  the  local  officers 
will  so  report  by  special  letter. 

10.  Upon  receipt  of  the  letter  authorizing  the  sale,  the  local 
officers  will  note  thereon  the  time  when  it  was  received  and  at  once 
examine  the  records  to  see  whether  the  tract,  or  any  part  thereof, 
has  been  entered.  They  will  note  on  the  tract  book,  opposite  such 
portion  of  the  tract  as  is  found  to  be  clear,  that  sale  has  been  au- 
thorized, giving  the  date  of  the  letter.  Thereupon  the  land  will  be 
considered  segregated  for  the  purpose  of  sale. 

If  the  examination  of  the  records  show  that  all  of  the  tract  has 
been  entered  or  filed  upon,  the  local  officers  will  not  promulgate  the 
letter  authorizing  the  sale,  but  will  report  the  facts  to  the  General 
Land  Office,  whereupon  the  letter  authorizing  the  sale  will  be  re- 
voked. If  a  part  of  the  land  has  been  entered  they  will  so  report 
and  proceed  as  provided  below  as  to  the  remainder. 

The  local  officers  will  prepare  a  notice  for  publication  on  the 
form  hereinafter  given,  describing  the  land  found  to  be  unentered, 
and  fixing  a  date  for  the  sale,  which  date  must  be  far  enough  in 
advance  to  afford  ample  time  for  publication  of  the  notice,  and  for 
the  affidavit  of  the  publisher  to  be  filed  in  the  local  land  office  prior 
to  the  date  of  the  sale.  The  Register  will  also  designate  a  news- 
paper as  published  nearest  to  the  land  described  in  the  notice.  The 
notice  will  be  sent  to  the  applicant  with  instructions  that  he  must 
publish  the  same  at  his  expense  in  the  newspaper  designated  by  the 
Register.  Paj-ment  for  publication  must  be  made  by  applicant 
directly  to  the  publisher,  and  in  case  the  money  for  publication  is 
transmitted  to  the  Receiver  he  must  issue  receipt  therefor,  and 
immediately  return  the  money  to  the  applicant  by  his  official  check, 
with  instructions  to  arrange  for  the  publication  of  the  notice  as 
hereinbefore  provided. 

If  on  the  day  set  for  the  sale  the  affidavit  of  the  publisher, 
showing  proper  publication,  has  not  been  filed  in  the  local  land 
office,  the  Register  and  Receiver  will  report  that  fact  to  this  office, 
and  will  not  proceed  with  the  sale. 


356 

11.  Notice  must  be  published  once  a  week  for  five  consecutive 
weeks  (or  thirty  consecutive  days,  if  in  a  daily  paper)  immediately 
prior  to  the  date  of  sale,  but  a  sufficient  time  should  elapse  between 
the  date  of  the  last  publication  and  the  date  of  sale  to  enable  the 
affidavit  of  the  publisher  to  be  filed  in  the  local  land  office.     The 
notice  must  be  published  in  the  paper  designated  by  the  Register 
as  nearest  the  land  described  in  the  application.    The  Register  and 
Receiver  will  cause  a  similar  notice  to  be  posted  in  the  local  land 
office,  such  notice  to  remain  posted  during  the  entire  period  of 
publication.    The  publisher  -of  the  newspaper  must  file  in  the  local 
land  office,  prior  to  the  date  fixed  for  the  sale,  evidence  that  publi- 
cation has  been  had  for  the  required  period,  which  evidence  may 
consist  of  the  affidavit  of  the  publisher,  accompanied  by  a  copy  of 
the  notice  published. 

12.  At  the  time  and  place  fixed  for  the  sale  the  Register  or 
Receiver  will  read  the  notice  of  sale  and  allow  all  qualified  persons 
an  opportunity  to  bid.     Bids  may  be  made  through  an  agent  per- 
sonally present  at  the  sale,  as  well  as  by  the  bidder  in  person.    The 
Register  or  Receiver  conducting  the  sale  will  keep  a  record  show- 
ing the  names  of  the  bidders  and  the  amount  bid  by  each.     Such 
record  will  be  transmitted  to  this  office  with  the  other  papers  in  the 
case. 

The  sale  will  be  kept  open  for  one  hour  after  the  time  mentioned 
in  the  published  notice.  At  the  expiration  of  the  hour,  and  after  all 
bids  have  been  offered,  the  local  officers  will  declare  the  sale  closed, 
and  announce  the  name  of  the  highest  bidder,  who-  will  be  declared 
the  purchaser,  and  he  must  immediately  deposit  the  amount  bid  by 
him  with  the  Receiver,  and  within  ten  days  thereafter  furnish  evi- 
dence of  citizenship,  or  of  declaration  of  intention  to  become  a 
citizen,  nonmineral  and  nonsaline  affidavit,  Form  4-062,  or  nonsaline 
affidavit,  Form  4-062a,  as  the  case  may  require.  Upon  receipt  of  the 
proof,  and  payment  having  been  made  for  the  lands,  the  local  offi- 
cers will  issue  the  proper  final  papers. 

13.  No  lands  will  be  sold  at  less  than  the  price  fixed  by  law,  nor 
at  less  than  $1.25  per  acre.    Should  any  of  the  lands  offered  be  not 
sold,  the  same  will  not  be  regarded  as  subject  to  private  entry  unless 
located  in  the  State  of  Missouri  (Act  of  March  2,  1889,  25  Stats., 
854),   but  may   again  be   offered  for  sale  in  the   manner   herein 
provided. 

14.  After  each  offering  where  the  lands  offered  are  not  sold,  the 
local  officers  will  report  by  letter  to  the  General  Land  Office.    No 
report  by  letter  will  be  made  when  the  offering  results  in  a  sale,  but 
the  local  officers  will  issue  cash  papers  as  in  ordinary  cash  entries, 
noting  thereon  the  date  of  the  letter  authorizing  the  offering,  and 
report  the  same  in  their  current  monthly  returns.    With  the  papers 
must  be  forwarded  the  affidavit  of  publisher  showing  due  publica- 
tion, and  the  Register's  certificate  of  posting. 

Very  respectfully, 

Fred  Dennett, 

Commissioner. 

Approved  January  19,  1912 : 
Samuel  Adams, 

First  Assistant  Secretary. 


357 

An  Act  to  amend  an  Act  entitled  "An  Act  to  amend  section  twenty-four  hun- 
dred and  fifty-five  of  the  Eevised  Statutes  of  the  United  States,"  approved 
February  twenty-sixth,  eighteen  hundred  and  ninety-five. 
Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Act  of  February  twenty- 
sixth,  eighteen  hundred   anc1   linety-five,  entitled  "An  Act  to  amend  section 
twenty-four   hundred   and    fifty-five    of   the   Eevised    Statutes    of    the    United 
States,"  be,  and  the  same  is  hereby,  amended  so  as  to  read  as  follows: 

"It  shall  be  lawful  for  the  Commissioner  of  the  General  Land  Office  to 
order  into  market  and  sell,  at  public  auction  at  the  land  office  of  the  district 
in  which  the  land  is  situated,  for  not  less  than  one  dollar  and  twenty-five  cents 
per  acre,  any  isolated  or  disconnected  tract  or  parcel  of  the  public  domain 
not  exceeding  one  quarter  section  which,  in  his  judgment,  it  would  be  proper 
to  expose  for  sale  after  at  least  thirty  days'  notice  by  the  land  officers  of  the 
district  in  which  such  land  may  be  situated:  Provided,  That  this  Act  shall 
not  defeat  any  vested  right  which  has  already  attached  under  any  pending 
entry  or  location." 

Approved,  June  27,  1906  (34  Stats.,  517). 

[Form  4— 008B.] 
APPLICATION  FOR  SALE   OF  ISOLATED   OB  DISCONNECTED   TRACTS. 

Department  of  the  Interior, 

United  States  Land  Office, 


To  the  Commissioner  of  the  General  Land  Office: 

,  whose  post-office  address  is  .....' ,  respectfully  re- 
quests that  the of  Section ,  Township ,  Range , 

be  ordered  into  market  and  sold  under  the  Act  of  June  27,  1906  (34  Stats., 
517),  at  public  auction,  the  same  having  been  subject  to  homestead  entry  for 
at  least  two  years  after  the  surrounding  lands  were  entered,  filed  upon,  or 
sold  by  the  Government. 

Applicant  states  that  he 

(Insert  statement  that  affiant  is  a  native-born  or  naturalized  citizen,  or  has 
declared  intention  to  become  such,  as  the  case  may  be.) 

citizen  of  the  United  States;  that  this  land  contains  no  salines,  coal,  or  other 

minerals,  and  no  stone  except  ;  that  there  is  no  timber  thereon 

except  trees  of  the  species,  ranging  from  inches 

to  feet  in  diameter,  and  aggregating  about  feet  stumpage 

measure,  of  the  estimated  value  of  $ ;  that  the  land  is  not  occupied 

except  by  of  post-office,  who  occupies  and  uses 

it  for  the  purpose  of ,  but  does  not  claim  the  right  of  occupancy 

under  any  of  the  public-land  laws;  that  the  land  is  chiefly  valuable  for 
,  and  that  applicant  desires  to  purchase  same  for  his  own  indi- 
vidual use  and  actual  occupation  .for  the  purpose  of  ,  and  not 

for  speculative  purposes;  that  he  has  not  heretofore  purchased  public  lands 
sold  as  isolated  tracts,  the  area  of  which  when  added  to  the  area  herein  applied 
for  will  exceed  approximately  160  acres.  The  lands  heretofore  purchased  by 
him  under  said  act  are  described  as  follows:  

If  this  request  is  granted  applicant  agrees  to  have  notice  published  at  his 
expense  in  the  newspaper  designated  by  the  register. 

(Applicant  will  answer  fully  the  following  questions:) 

Question  1.  Are  you  the  owner  of  land  adjoining  the  tract  above  described? 
If  so,  describe  the  land  by  section,  township,  and  range. 

Answer   

Question  2.  To  what  use  do  you  intend  to  put  the  isolated  tract  above 
described  should  you  purchase  same? 

Answer  

Question  3.  If  you  are  not  the  owner  of  adjoining  land,  do  you  intend  to 
reside  upon  or  cultivate  the  isolated  tract? 

Answer   

Question  4.  Have  you  been  requested  by  anyone  to  apply  for  the  ordering 
of  the  tract  into  market?  If  so,  by  whom? 

Answer   

Question  5.    Are  you  acting  as  agent  for  any  person  or  persons  or  directly 


358 

or  indirectly  for  or  in  behalf  of  any  person  other  than  yourself  in  making  said 
application? 

Answer   

Question  6.  Do  you  intend  to  appear  at  the  sale  of  said  tract  if  ordered, 
and  bid  for  same? 

Answer   

Question  7.  Have  you  any  agreement  or  understanding,  expressed  or  im- 
plied, with  any  other  person  or  persons  that  you  are  to  bid  upon  or  purchase 
the  land  for  them  or  in  their  behalf,  or  have  you  agreed  to  absent  yourself 
from  the  sale  or  refrain  from  bidding  so  that  they  may  acquire  title  to  the 
land? 

Answer   


(Sign  here  with  full  Christian  name.) 

We  are  personally  acquainted  with  the  above-named  applicant  and  the  land 
described  by  him,  and  the  statements  hereinbefore  made  are  true  to  the  best 
of  our  knowledge  and  belief. 


(Sign  here  with  full  Christian  name.) 

(Sign  here  with  full  Christian  name.) 

I  certify  that  the  foregoing  application  and  corroborative  statement  were 
read  to  or  by  the  above-named  applicant  and  witnesses,  in  my  presence,  before 
affiants  affixed  their  signatures  thereto;  that  affiants  are  to  me  personally  known 

(or  have  been  satisfactorily  identified  before  me   by    ) ;    that   1 

verily  believe  affiants  to  be  credible  persons,  and  the  identical  persons  here- 
inbefore described;  that  said  affidavits  were  duly  subscribed  and  sworn  to 
before  me,  at  my  office,  at ,  this day  of ,  19. . 


Official  designation  of  officer.) 


[Forms  4— 348e  and  4— 348d.] 

NOTICE  FOE  PUBLICATION— ISOLATED  TRACT. 
PUBLIC-LAND  SALE. 

Department  of  the  Interior, 

United  States  Land  Office, 


,  19.. 

Notice  is  hereby  given  that,  as  directed  by  the  Commissioner  of  the 
General  Land  Office,  under  the  provisions  of  the  Act  of  Congress  approved 

June  27,  1906  (34  Stats.,  517),  pursuant  to  the  application  of  

Serial  No ,  we  will  offer  at  public  sale  to  the  highest  bidder,  but  at 

not  less  than  $ per  acre,  at  o  'clock  . .  m.,  on  the  day 

of ,  next,  at  this  office,  the  following  tract  of  land 

Any  persons  claiming  adversely  the  above  described  land  are  adrised  to 
file  their  claims  or  objections  on  or  before  the  time  designated  for  sale. 


[Circular  No.   103.] 


Register. 
,...., 
Receiver. 


ISOLATED  TRACTS— SECTION  2455,  REVISED  STATUTES,  AS  AMENDED 
BY  ACT  OF  MARCH  28,  1912   (PUBLIC,  NO.  111). 


Department  of  the  Interior, 

'General  Land  Office, 
Washington,  D.  C.,  April  30,  1912. 
Registers  and  Receivers, 

United  States  Land  Offices. 

Sirs:  Your  attention  is  directed  to  the  Act  of  Congress,  approved  March 
28,  1912  (Public,  No.  Ill),  amending  section  2455,  Revised  Statutes  of  the 
United  States,  to  read  as  follows: 

"Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  section  twenty-four  hundred. 


359 

and  fifty-five  of  the  Eevised  Statutes  of  the  United  States  be  amended  to  read 
as  follows: 

"  'Sec.  2455.  It  shall  be  lawful  for  the  Commissioner  of  the  General 
Land  Office  to  order  into  market  and  sell  at  public  auction,  at  the  land  office 
of  the  district  in  which  the  land  is  situated,  for  not  less  than  one  dollar  and 
twenty-five  cents  an  acre,  any  isolated  or  disconnected  tract  or  parcel  of  the 
public  domain  not  exceeding  one-quarter  section  which,  in  his  judgment,  it 
would  be  proper  to  expose  for  sale  after  at  least  thirty  days'  notice  by  the 
land  officers  of  the  district  in  which  such  land  may  be  situated:  Provided, 
That  any  legal  subdivisions  of  the  public  land,  not  exceeding  one-quarter  sec- 
tion, the  greater  part  of  which  is  mountainous  or  too  rough  for  cultivation, 
may,  in  the  discretion  of  said  Commissioner,  be  ordered  into  the  market  and 
sold  pursuant  to  this  Act  upon  the  application  of  any  person  who  owns  lands 
or  holds  a  valid  entry  of  lands  adjoining  such  tract,  regardless  of  the  fact 
that  such  tract  may  not  be  isolated  or  disconnected  within  the  meaning  of 
this  act:  Provided  further,  That  this  act  shall  not  defeat  any  vested  right 
which  has  already  attached  under  any  pending  entry  or  location.' 

"Approved,  March  28,  1912." 

The  material  change  is  found  in  the  first  proviso,  authorizing  the  sale  of 
legal  subdivisions  not  exceeding  one-quarter  section,  the  greater  part  of  which 
is  mountainous  or  too  rough  for  cultivation,  upon  the  application  of  any 
person  who  owns  or  holds  a  valid  entry  of  lands  adjoining  such  tract,  and 
regardless  of  the  fact  that  such  tract  may  not  be  actually  isolated  by  the  entry 
or  other  disposition  of  surrounding  lands.  It  is  left  entirely  to  the  discre- 
tion of  the  Commissioner  of  the  General  Land  Office  to  determine  whether  a 
tract  shall  be  sold,  and  it  will  not  be  practicable  to  prescribe  a  set  of  rules 
governing  the  conditions  which  would  render  a  tract  susceptible  to  sale  under 
the  proviso.  Applications  will  be  disposed  of  by  you  in  accordance  with  the 
isolated-tract  regulations  contained  in  circulars  of  January  19,  1912,  No.  71 
(general)  and  No.  72  (Kinkaid  territory  in  Nebraska),  except  that  paragraph 
7  of  Circular  No.  71  and  paragraph  22  of  Circular  No.  72  are  not  applicable, 
and  no  tract  within  the  territory  affected  by  the  Kinkaid  Act  in  Nebraska, 
exceeding  160  acres  in  area,  will  be  ordered  into  the  market  under  the  first 
proviso  to  section  2455.  Applications  may  be  made  upon  the  forms  provided 
(4 — 008B  and  4 — 008C)  and  printed  in  the  circulars  above  named,  properly 
modified  as  necessitated  by  the  terms  of  the  proviso.  In  addition,  the  appli- 
cant must  furnish  evidence  of  his  ownership  of  adjoining  land,  or  that  he 
holds  a  valid  entry  embracing  adjoining  land,  in  connection  with  which  entry 
he  has  fully  met  the  requirements  of  law;  also  detailed  evidence  as  to  the 
character  of  the  land  applied  for,  the  extent  to  which  it  is  cultivable,  and  the 
conditions  which  render  the  greater  portion  unfit  for  cultivation;  also  a 
description  of  any  and  all  lands  theretofore  applied  for  under  the  proviso  or 
purchased  under  section  2455  or  the  amendments  thereto.  This  evidence  must 
consist  of  an  affidavit  by  the  claimant,  corroborated  by  the  affidavits  of  not 
less  than  two  disinterested  persons  having  actual  knowledge  of  the  facts. 

No  sale  will  be  authorized  under  the  proviso  upon  the  application  of  a 
person  who  has  procured  one  offering  thereunder  except  upon  a  showing  of 
strong  necessity  therefor  owing  to  some  peculiar  condition  which  prevented 
original  application  for  the  full  area  allowed  to  be  sold  at  one  time,  160  acres. 
And  in  no  event  will  an  application  be  entertained  where  the  applicant  has 
purchased  under  section  2455,  or  the  amendments  thereto,  an  area  which, 
when  added  to  the  area  applied  for,  shall  exceed  approximately  160  acres. 

Until  it  becomes  necessary  to  reprint  the  same  (when  a  new  supply  will 
be  furnished  you),  you  will  use  the  form  of  notice  for  publication  now  pro- 
vided for  isolated-tract  sales,  but  in  all  cases,  whether  the  sale  is  ordered 
under  the  body  of  the  Act  or  the  proviso,  you  will  insert,  in  lieu  of  "June 
27,  1906  (34  Stat.,  517),"  the  words  "March  28,  1912  (Public,  No.  111)."  and 
where  the  sale  is  authorized  under  the  proviso  you  will  add  after  the  descrip- 
tion of  the  land,  "This  tract  is  ordered  into  the  market  on  a  showing  that 
the  greater  portion  thereof  is  mountainous  or  too  rough  for  cultivation." 

The    provisions    of    section    2455    relating   to    the    sale    of   tracts    actually 
isolated  are  not  changed  by  this  Act,  and  such  applications  will  be  governed 
by  the  regulations  contained  in  Circulars  Nos.  71  and  72,  supra,  as  heretofore. 
Very  respectfully,  Fred  Dennett, 

Approved:  Commissioner. 

Samuel  Adams, 

First  Assistant  Secretary. 


360 

[Circular  No.  117.] 

ACT   APPROVED   APRIL   30,    1912— OFFERINGS   AT    PUBLIC    SALE    OP 
ISOLATED  TRACTS  OF  COAL  LAND. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  May  23,  1912. 
Registers  and  Receivers, 

United  States  Land  Offices. 

Gentlemen:  The  Act  of  Congress  approved  April  30,  1912,  Public  141} 
provides : 

That  *  *  *  unreserved  public  lands  of  the  United  States,  exclusive  of 
Alaska,  which  have  been  withdrawn  or  classified  as  coal  lands,  or  are  valuable 
for  coal,  shall  *  *  *  be  subject  *  to  disposition  *  *  *  under 

the  laws  providing  for  the  sale  of  isolated  or  disconnected  tracts  of  public 
lands,  but  there  shall  be  a  reservation  to  the  United  States  of  the  coal  in 
such  lands  so  *  *  *  sold,  and  of  the  right  to  prospect  for,  mine,  and 
remove  the  same  in  accordance  with  the  provisions  of  the  Act  of  June 
twenty-second,  nineteen  hundred  and  ten,  and  such  lands  shall  be  subject  to 
all  the  conditions  and  limitations  of  said  Act. 

The  instructions  of  January  19,  1912,  and  April  30,  1912,  issued  under 
amended  section  2455,  Revised  Statutes,  should  be  followed  in  administering 
this  Act,  in  so  far  as  they  are  applicable,  and  these  instructions  are  issued 
in  addition  thereto: 

(1)  An  application  to  have  coal  land   offered  at  public  sale  must  bear 
across  its  face  the  notation  provided  by  paragraph  7 (a)    of  the   circular  of 
September  8,   1910,  39  L.  D.,  179;   in  the  printed  and  posted  notice  of  sale 
will  appear  the  statement: 

This  land  will  be  sold  in  accordance  with,  and  subject  to,  the  provisions 
and  reservations  of  the  Act  of  June  22,  1910  (36  Stat.,  583). 

The  purchaser's  consent  to  the  reservation  of  the  coal  in  the  land  to  the 
United  States  will  not  be  required,  but  the  cash  certificate  and  patent  will 
contain,  respectively,  the  provisions  specified  in  paragraph  7(b)  of  said  cir- 
cular of  September  8,  1910. 

(2)  In  cases  where   offerings  have   been   had,  and   sales  made,  of  lands 
coming  within  the  purview  of  the  Act  of  April  30,  1912,  the  purchasers  may 
furnish  their  consent  to  receive  patents,  containing  the  limitation  provided  by 
said  paragraph  7(b),  and,  thereupon,  the  entries  may  be  confirmed  and  pat- 
ents, limited  as  indicated,  may  issue. 

Very  respectfully,  Fred  Dennett, 

Approved:  Commissioner. 

Samuel  Adams, 

First  Assistant  Secretary. 

REVISED  REGULATIONS  UNDER  THE  KINKAID  ACTS. 

[Circular.] 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  January  19,  1912. 
Registers  and  Receivers,  United  States  Land  Offices. 

Sirs:  Section  7  of  the  Act  of  Congress  approved  May  29,  1908 
(35  Stat.,  465),  amended  section  2  of  the  Act  of  April  28,  1904  (3-3 
Stat.,  547),  commonly  known  as  the  Kinkaid  Act,  to  read  as  follows : 

Sec.  2.  That  entrymen  under  the  homestead  laws  of  the  United 
States  within  the  territory  above  described  who  own  and  occupy 
the  lands  heretofore  entered  by  them  may,  under  the  provisions  of 
this  Act  and  subject  to  its  conditions,  enter  other  lands  contiguous 
to  their  said  homestead  entry,  which  shall  not,  with  the  land  so 
already  entered,  owned  and  occupied,  exceed  in  the  aggregate  six 
hundred  and  forty  acres,  and  residence  continued  and  improvements 
made  upon  the  original  homestead,  subsequent  to  the  making  of 
the  additional  entry  shall  be  accepted  as  equivalent  to  actual  resi- 


361 

dence  and  improvements  made  upon  the  additional  land  so  entered, 
but  final  entry  shall  not  be  allowed  of  such  additional  land  until 
five  years  after  first  entering  the  same,  except  in  favor  of  entrymen 
entitled  to  credit  for  military  service. 

This  amendment  did  not  affect  sections  1  and  3  of  the  Kinkaid 
Act,  which  read  as  follows : 

Be  it  enacted  by  the  Senate  and  House  of  Kepresentatives  of  the 
United  States  of  America  in  Congress  assembled,  That  from  and 
after  sixty  days  after  the  approval  of  this  Act  entries  made  under 
the  homestead  laws  in  the  State  of  Nebraska  west  and  north  of  the 
following  line,  to  wit:  Beginning  at  a  point  on  the  boundary  line 
between  the  States  of  South  Dakota  and  Nebraska  where  the  first 
guide  meridian  west  of  the  sixth  principal  meridian  strikes  said 
boundary;  thence  running  south  along  said  guide  meridian  to  its 
intersection  with  the  fourth  standard  parallel  north  of  the  base  line 
between  the  States  of  Nebraska  and  Kansas ;  thence  west  along  said 
fourth  standard  parallel  to  its  intersection  with  the  second  guide 
meridian  \vest  of  the  sixth  principal  meridian;  thence  south  along 
said  guide  meridian  to  its  intersection  with  the  third  standard 
parallel  north  of  the  said  base  line;  thence  west  along  said  third 
standard  parallel  to  its  intersection  with  the  range  line  between 
ranges  twenty-five  and  twenty-six  west  of  the  sixth  principal  meri- 
dian ;  thence  south  along  said  line  to  its  intersection  with  the  second 
standard  parallel  north  of  the  said  base  line;  thence  west  on  said 
standard  parallel  to  its  intersection  with  the  range  line  between 
ranges  thirty  and  thirty-one  west;  thence  south  along  said  line  to 
its  intersection  with  the  boundary  line  between  the  States  of  Ne- 
braska and  Kansas,  shall  not  exceed  in  area  six  hundred  and  forty 
acres,  and  shall  be  as  nearly  compact  in  form  as  possible,  and  in  no 
event  over  two  miles  in  extreme  length :  Provided,  That  there  shall 
be  excluded  from  the  provisions  of  this  Act  such  lands  within  the 
territory  herein  described  as  in  the  opinion  of  the  Secretary  of  the 
Interior  it  may  be  reasonably  practicable  to  irrigate  under  the  na- 
tional irrigation  law,  or  by  private  enterprise;  and  that  said  Secre- 
tary shall,  prior  to  the  date  above  mentioned,  designate  and  exclude 
from  entry  under  this  Act  the  lands,  particularly  along  the  North 
Platte  River,  which  in  his  opinion  it  may  be  possible  to  irrigate  as 
aforesaid;  and  shall  thereafter,  from  time  to  time,  open  to  entry 
under  this  Act  any  of  the  lands  so  excluded,  which  upon  further 
investigation,  he  may  conclude  can  not  be  practically  irrigated  in 
the  manner  aforesaid. 

Sec.  3.  That  the  fees  and  commissions  on  all  entries  under  this 
Act  shall  be  uniformly  the  same  as  those  charged  under  the  present 
law  for  a  maximum  entry  at  the  minimum  price.  That  the  com- 
mutation provisions  of  the  homestead  law  shall  not  apply  to  entries 
under  this  Act,  and  at  the  time  of  making  final  proof  the  entry  man 
must  prove  affirmatively  that  he  has  placed  upon  the  lands  entered 
permanent  improvements  of  the  value  of  not  less  than  $1.25  per' 
acre  for  each  acre  included  in  his  entry:  Provided,  That  a  former 
homestead  entry  shall  not  be  a  bar  to  the  entry  under  the  provisions 
of  this  Act  of  a  tract  which,  together  with  the  former  entry,  shall 
not  exceed  640  acres :  Provided,  That  any  former  homestead  entry- 
man  who  shall  be  entitled  to  an  additional  entry  under  section  2 
of  this  Act  shall  have  for  ninety  days  after  the  passage  of  this  Act 


S62 

the  preferential  right  to  make  additional  entry  as  provided  in  said 
section. 

All  general  instructions  heretofore  issued  under  this  Act,  and 
the  instructions  issued  under  the  supplemental  Act  of  March  2,  1907 
(34  Stat.,  1224),  (32  L.  D.,  87,  and  546;  37  L.  D.,  225),  are  hereby 
modified  and  reissued  as  follows : 

1.  It  is  directed  by  the  law  that  in  that  portion  of  the  State  of 
Nebraska  lying  west  and  north  of  the  line  described  therein,  which 
was  marked  in  red  ink  upon  maps  transmitted  with  said  circular, 
upon  and  after  June  28,  1904,  except  for  such  lands  as  might  be 
thereafter  and  prior  to  said  excluded  under  the  proviso  contained 
in  the  first  section  thereof,  homestead  entries  may  be  made  for  and 
not  to  exceed  640  acres,  the  same  to  be  in  as  nearly  a  compact  form 
as  possible,  and  must  not  in  any  event  exceed  two  miles  in  extreme 
length. 

2.  Under  the  provisions  of  the  second  section,  a  person  who 
within  the  described  territory  has  made  entry  prior  to  May  29,  1908, 
under  the  homestead  laws  of  the  United  States,  and  who  now  owns 
and  occupies  the  lands  theretofore  entered  by  him,  and  is  not  other- 
wise disqualified,  may  make  an  additional  entry  of  a  quantity  of 
land  contiguous  to  his  said  homestead  entry,  which,  added  to  the 
area  of  the  original  entry,  shall  make  an  aggregate  area  not  to 
exceed  640  acres;  and  he  will  not  be  required  to  reside  upon  the 
additional  land  so  entered,  but  residence  continued  and  improve- 
ments made  upon  the  original  homestead  entry  subsequent  to  the 
making  of  the  additional  entry  will  be  accepted  as  equivalent  to 
actual  residence  and  improvements  on  the  land   covered  by  the 
additional  entry.    But  residence  either  upon  the  original  homestead 
or  the  additional  land  entered  must  be  continued  for  the  period  of 
five  years  from  the  date  of  the  additional  entry,  except  that  entry- 
men  may  claim  and  receive  credit  on  that  period  for  the  length  of 
their  military  service,  not  exceeding  four  years. 

3.  A  person  who  has  a  homestead  entry  upon  which  final  proof 
has  not  been  submitted  and  who  makes  additional  entry  under  the 
provisions  of  section  2  of  the  Act,  will  be  required  to  submit  his 
final  proof  on  the  original  entry  within  the  statutory  period  there- 
for, and  final  proof  upon  the  additional  entry  must  also  be  sub- 
mitted within  the  statutory  period  from  date  of  that  entry. 

4.  Such  additional  entry  must  be  for  contiguous  lands  and  the 
tracts  embraced  therein  must  be  in  as  compact  form  as  possible,  and 
the  extreme  length  of  the  combined  entries  must  not  in  any  event 
exceed  two  miles. 

5.  In  accepting  entries  under  this  Act  compliance  with  the  re- 
quirement thereof  as  to  compactness  of  form  should  be  determined 
by  the  relative  location  of  the  vacant  and  unappropriated  lands, 
rather  than  by  the  quality  and  desirability  of  the  desired  tracts. 

6.  By  the  first  proviso  of  section  3  any  person  who  made  a 
homestead  entry  either  within  the  tract  above  described  or  else- 
where prior  to  his  application  for  entry  under  this  Act,  if  no  other 
disqualification  exists,  will  be  allowed  to  make  an  additional  entry 
for  a  quantity  of  land  which,  added  to  the  area  of  the  land  em- 
braced in  the  former  entry,  shall  not  exceed  640  acres,  but  residence 
upon  and  cultivation  of  the  additional  land  will  be  required  to  be 
made  and  proved  as  in  ordinary  homestead  entries.    But  the  appli- 


363 

cation  of  one  who  has  an  existing  entry  and  seeks  to  make  an  addi- 
tional entry  under  said  proviso,  can  not  be  allowed  unless  he  has 
either  abandoned  his  former  entry  or  has  so  perfected  his  right 
thereto  as  to  be  under  no  further  obligation  to  reside  thereon ;  and 
his  qualifying  status  in  these  and  other  respects  should  be  clearly 
set  forth  in  his  application. 

7.  Under  said  Act  no  bar  is  interposed  to  the  making  of  second 
homesteads  for  the  full  area  of  640  acres  by  parties  entitled  thereto 
under  existing  laws,  and  applications  therefor  will  be  considered 
under  the  instructions  of  the  respective  laws  under  which  they  are 
made. 

8.  Upon  final  proof,  which  may  be  made  after  five  years  and 
within  seven  years  from  date  of  entry,  the  entryman  must  prove 
affirmatively  that  he  has  placed  upon  the  lands  entered  permanent 
improvements  of  the  value  of  not  less  than  $1.25  per  acre  for  each 
acre,  and  such  proof  must  also  show  residence  upon  and  cultivation 
of  the  land  for  the  five-year  period  as  in  ordinary  homestead  entries, 
but  credit  for  military  service  may  be  claimed  and  given  under  the 
supplemental  Act  mentioned  above. 

9.  In  the  making  of  final  proofs  the  homestead-proof  form  will 
be  used,  modified  when  necessary  in  case  of  additional  entries  made 
under  the  provisions  of  section  2. 

10.  It  is  provided  by  section  3  that  the  fees  and  commissions  on 
all  entries  under  the  Act  shall  be  uniformly  the  same  as  those 
charged  under  the  present  law  for  a  maximum  entry  at  the  mini- 
mum price,  viz :     At  the  time  the  application  is  made  $14,  and  at 
the  time  of  making  final  proof  $4,  to  be  payable  without  regard  to 
the  area  embraced  in  the  entry. 

11.  In  case  that  the  combined  area  of  the  subdivisions  selected 
should,  upon  applying  the  rule  of  approximation  thereto,  be  found 
to  exceed  in  area  the  aggregate  of  640  acres,  the  entryman  will  be 
required  to  pay  the  minimum  price  per  acre  for  the  excess  in  area. 

12.  Entries  under  this  Act  are  not  subject  to  the  commutation 
provisions  of  the  homestead  law. 

13.  In  the  second  proviso  of  section  3  entrymen  who  had  made 
their  entries  prior  to  April  28,  1904,  were  allowed  a  preferential 
right  for  90  days  thereafter  to  make  the  additional  entry  allowed  by 
section  2  of  the  law. 

14.  The  supplemental  act,  approved  March  2,  1907   (34  Stat., 
1224),  reads  as  follows: 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  all  qualified 
entrymen  who,  during  the  period  beginning  on  the  twenty-eighth 
day  of  April,  nineteen  hundred  and  four,  and  ending  on  the  twenty- 
eighth  day  of  June,  nineteen  hundred  and  four,  made  homestead 
entry  in  the  State  of  Nebraska  within  the  area  affected  by  an  Act 
entitled  "An  Act  to  amend  the  homestead  laws  as  to  certain  unap- 
propriated and  unreserved  public  lands  in  Nebraska,"  approved 
April  twenty-eighth,  nineteen  hundred  and  four,  shall  be  entitled 
to  all  the  benefits  of  said  Act  as  if  their  entries  had  been  made  prior 
or  subsequent  to  the  above-mentioned  dates,  subject  to  all  existing 
rights. 

Sec.  2.  That  the  benefits  of  military  service  in  the  Army  or 
Navy  of  the  United  States  granted  under  the  homestead  laws  shall 


364 

apply  to  entries  made  under  the  aforesaid  Act,  approved  April 
twenty-eighth,  nineteen  hundred  and  four,  and  all  homestead  entries 
hereafter  made  within  the  territory  described  in  the  aforesaid  Act 
shall  be  subject  to  all  the  provisions  thereof. 

Sec.  3.  That  within  the  territory  described  in  said  Act  approved 
April  twenty-eighth,  nineteen  hundred  and  four,  it  shall  be  lawful 
for  the  Secretary  of  the  Interior  to  order  into  market  and  sell  under 
the  provisions  of  the  laws  providing  for  the  sale  of  isolated  or  dis- 
connected tracts  or  parcels  of  land  any  isolated  or  disconnected 
tract  not  exceeding  three  quarter  sections  in  area:  Provided,  That 
not  more  than  three  quarter  sections  shall  be  sold  to  any  one  person. 

(See  Isolated  Tracts.) 

CIRCULAR  ON  RESTORATION  OF  LOST  OR  OBLITERATED  CORNERS 
AND  SUBDIVISION  OF  SECTIONS— GENERAL  LAND  OFFICE,  MARCH 
14,  1901. 

Penalties  for  Destroying  Corner  Monuments. 

To  aid  in  the  protection  of  all  evidences  of  public-land  surveys,  the  fol- 
lowing law  was  enacted  as  a  clause  in  chapter  398,  29  United  States  Statutes, 
page  343,  which  was  approved  June  10,  1896: 

Provided  further,  That  hereafter  it  shall  be  unlawful  for  any  person  to 
destroy,  deface,  change,  or  remove  to  another  place  any  section  corner,  quarter- 
section  corner,  or  meander  post,  or  any  Government  line  of  survey,  or  to  cut 
down  any  witness  tree,  or  any  tree  blazed  to  mark  the  line  of  a  Government 
survey,  or  to  deface,  change,  or  remove  any  monument  or  bench  mark  of  any 
Government  survey.  That  any  person  who  shall  offend  against  any  of  the  pro- 
visions of  this  paragraph  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  in  any  court  shall  be  fined  not  exceeding  two  hundred  and 
fifty  dollars,  or  be  imprisoned  not  more  -than  one  hundred  days.  All  the  fines 
accruing  under  this  paragraph  shall  be  paid  into  the  Treasury  and  the  informer 
in  each  case  of  conviction  shall  be  ^)aid  the  sum  of  twenty-five  dollars. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  March  14,  1901. 

The  increasing  number  of  letters  from  county  and  local  surveyors  received 
at  this  office  making  inquiry  as  to  the  proper  method  of  restoring  to  their 
original  position  lost  or  obliterated  corners  marking  the  survey  of  the  public 
lands  of  the  United  States,  or  such  as  have  been  willfully  or  accidentally 
moved  from  their  original  position,  have  rendered  the  preparation  of  the  fol- 
lowing general  rules  necessary,  particularly  as  in  a  very  large  number  of  cases 
the  immediate  facts  necessary  to  a  thorough  and  intelligent  understanding  are 
omitted.  Moreover,  surveys  having  been  made  under  the  authority  of  different 
acts  of  Congress,  different  results  have  been  obtained,  and  no  special  law  has 
been  enacted  by  that  authority  covering  and  regulating  the  subject  of  the 
above-named  inquiries.  Hence,  the  general  rule  here-given  must  be  considered 
merely  as  an  expression  of  the  opinion  of  this  office  on  the  subject,  based, 
however,  upon  the  spirit  of  the  several  acts  of  Congress  authorizing  the  sur- 
veys, as  construed  by  this  office,  and  by  United  States  court  decisions.  When 
cases  arise  which  are  not  covered  by  these  rules,  and  the  advice  of  this  office 
is  desired,  the  letter  of  inquiry  should  always  contain  a  description  of  the 
particular  corner,  with  reference  to  the  township,  range,  and  section  of  the 
public  surveys,  to  enable  this  office  to  consult  the  record. 

An  obliterated  corner  is  one  where  no  visible  evidence  remains  of  the 
work  of  the  original  surveyor  in  establishing  it.  Its  location  may,  however, 
have  been  preserved  beyond  all  question  by  acts  of  landowners,  and  by  the 
memory  of  those  who  knew  and  recollect  the  true  situs  of  the  original  monu- 
ment. In  such  cases  it  is  not  a  lost  corner. 

A  lost  corner  is  one  whose  position  can  not  be  determined,  beyond  rea- 
sonable doubt,  either  from  original  :narks  or  reliable  external  evidence. 

Surveyors  sometimes  err  in  their  decision  whether  a  corner  is  to  be 
treated  as  lost  or  only  obliterated. 

Surveyors  who  have  been  United  States  deputies  should  bear  in  mind  that 


365 

in  their  private  capacity  they  must  act  under  somewhat  different  rules,  of 
law  from  those  governing  original  surveys,  and  should  carefully  distinguish 
between  the  provisions  of  the  statute  which  guide  a  Government  deputy  and 
those  which  apply  to  retracemenl  of  lines  once  surveyed.  The  failure  to 
observe  this  distinction  has  been  prolific  of  erroneous  work  and  injustice  to 
landowners. 

To  restore  extinct  boundaries  of  the  public  lands  correctly,  the  surveyor 
must  have  some  knowledge  of  the  manner  in  which  townships  were  subdivided 
by  the  several  methods  authorized  by  Congress.  Without  this  knowledge  he 
may  be  greatly  embarrassed  in  the  field,  and  is  liable  to  make  mistakes  invali- 
dating this  work,  and  leading  eventually  to  serious  litigation.  It  is  believed 
that  the  following  synopsis  of  the  several  acts  of  Congress  regulating  the 
surveys  of  the  public  lands  will  be  of  service  to  county  surveyors  and  others, 
and  will  help  to  explain  many  of  the  difficulties  encountered  by  them  in  the 
settlement  of  such  questions. 

Compliance  with  the  provisions  of  Congressional  legislation  at  different 
periods  has  resulted  in  two  sets  of  corners  being  established  on  township  lines 
at  one  time;  at  other  times  three  sets  of  corners  have  been  established  on 
range  lines;  while  the  system  now  in  operation  makes  but  one  set  of  corners 
on  township  boundaries,  except  on  standard  lines — i.  e.,  base  and  correction 
lines,  and  in  some  exceptional  cases. 

The  following  brief  explanation  of  the  modes  which  have  been  practiced 
will  be  of  service  to  all  who  may  be  called  upon  to  restore  obliterated  bounda- 
ries of  the  public  land  surveys. 

Where  two  sets  of  corners  were  established  on  township  boundaries,  one 
set  was  planted  at  the  time  the  exteriors  were  run,  those  on  the  north  boun- 
dary belonging  to  the  sections  and  quarter  sections  north  of  said  line,  and 
those  on  the  west  boundary  belonging  to  the  sections  and  quarter  sections  west 
of  that  line.  The  other  set  of  corners  was  established  when  the  township  was 
subdivided.  This  method,  as  stated,  resulted  in  the  establishment  of  two  sets 
of  corners  on  all  four  sides  of  the  townships. 

Where  three  sets  of  corners  were  established  on  the  range  lines,  the 
subdivisional  surveys  were  made  in  the  above  manner,  except  that  the  east 
and  west  section  lines,  instead  of  being  closed  upon  the  corners  previously 
established  on  the  east  boundary  of  the  township,  were  run  due  east  from 
the  last  interior  section  corner,  and  new  corners  were  erected  at  the  points  of 
intersection  with  the  range  line. 

The  method  now  in  practice  requires  section  lines  to  be  initiated  from 
the  corners  on  the  south  boundary  of  the  township,  and  to  close  on  existing 
corners  on  the  east,  north,  and  west  boundaries  of  the  township,  except  when 
the  north  boundary  is  a  base  line  or  standard  parallel. 

But  in  some  cases,  for  special  reasons,  an  opposite  course  of  procedure 
has  been  followed,  and  subdivisional  work  has  been  begun  on  the  north 
boundary  and  has  been  extended  southward  and  eastward  or  southward  and 
westward. 

In  the  more  recent  general  instructions,  greater  care  has  been  exercised 
to  secure  rectangular  subdivisions  by  fixing  a  strict  limitation  that  no  new 
township  exteriors  or  section  lines  shall  depart  from  a  true  meridian  or  east 
and  west  lines  more  than  twenty-one  minutes  of  arc;  and  that  where  a  random 
line  is  found  liable  to  correction  beyond  this  limit,  a  true  line  on  a  cardinal 
course  must  be  run,  setting  a  closing  corner  on  the  line  to  which  it  closes. 

This  produces,  in  new  surveys  closing  to  irregular  old  work,  a  great  number 
of  exteriors  marked  by  a  double  set  of  corners.  All  retracing  surveyors  should 
proceed  under  these  new  conditions  with  full  knowledge  of  the  field  notes  and 
exceptional  methods  of  subdivision. 

Synopsis  of  Acts  of  Congress. 

The  first  enactment  in  regard  to  the  surveying  of  the  public  lands  was 
an  ordinance  passed  by  the  Congress  of  the  Confederation 

May  20,  1785,  prescribing  the  mode  for  the  survey  of  the  Coneress  o^tfa0/ ronP 
"Western  Territory,"  and  which  provided  that  said  terri-  federation  of  Mas- 
tery should  be  divided  into  "townships  of  six  miles  square,  20.  I7.sr>.  r.  s 
by  lines  running  due  north  and  south,  and  others  crossing  jjjKtLJ'VSb,*1  84!) 
them  at  right  angles"  as  near  as  might  be. 

It  further  provided  that  the  first  line  running  north  and  south  should  begin 
on  the  Ohio  Kiver,  at  a  point  due  north  from  the  western  terminus  of  a  line 


366 

run  as  the  south  boundary  of  the  State  of  Pennsylvania,  and  the  first  line 
running  east  and  west  should  begin  at  the  same  point  and  extend  through 
the  whole  territory.  In  these  initial  surveys  only  the  exterior  lines  of  the 
townships  were  surveyed,  but  the  plats  were  marked  by  subdivisions  into 
sections  1  mile  square,  numbered  from  1  to  36,  commencing  with  No.  1  in 
the  southeast  corner  of  the  township,  and  running  from  south  to  north  in  each 
tier  to  No.  36  in  the  northwest  corner  of  the  township;  mile  corners  were 
established  on  the  township  lines.  The  region  embraced  by  the  surveys  under 
this  law  forms  a  part  of  the  present  State  of  Ohio,  and  is  generally  known  as 
"the  Seven  Ranges." 

The  Federal  Congress  passed  a  law,  approved  May  18,  1796,  in  regard  to 

surveying  the  public  domain,  which  applied  to  "the  terri- 

i-ocV0^  A!?y*  I8'    tory  northwest  of  the  River  Ohio,  and  above  the  mouth  of 

1 4  */O.    L' .    fe.    JStfl. lUlGS      ,  »        -ir-r  i         -p>  •  .  . 

at  Large,  vol.   1,  p.    the  Kentucky  River." 

465.      Section   2395,  Section  2  of  said  Act  provided  for  dividing  such  lands 

U.  S.  Revised  ag  ha(j  not  been  already  surveyed  or  disposed  of  "by 
north  and  south  lines  run  according  to  the  true  meridian, 
and  by  others  crossing  them  at  right  angles,  so  as  to  form  townships  of  6 
miles  square,"  etc.  It  also  provided  that  "one-half  of  said  townships,  taking 
them  alternately,  should  be  subdivided  into  sections  containing,  as  nearly  as 
may  be,  640  acres  each,  by  running  through  the  same  each  way  parallel  lines 
at  the  end  of  every  two  miles;  and  by  marking  a  corner  on  each  of  said  lines 
at  the  end  of  every  mile."  The  Act  also  provided  that  "the  sections  shall 
be  numbered,  respectively,  beginning  with  the  number  one  in  the  northeast 
section,  and  proceeding  west  and  east  alternately  through  the  township,  with 
progressive  numbers  till  the  thirty-sixth  be  completed."  This  method  of  num- 
bering sections  is  still  in  use. 

An  act  amendatory  of  the  foregoing,  approved  May  10,  1800,  required  the 

"townships  west  of  the  Muskingum,  which  are  directed  to  be  sold  in  quarter 

townships,  to  be  subdivided  into  half  sections  of  320  acres 

1800*  TT°^S  ^Statutes  eacn>  as  nearly  as  may  be,  by  running  parallel  lines  through 
at  Large,  vol.  2,  p.  the  same  from  east  to  west,  and  from  south  to  north,  at 
73.  Section  2395,  the  distance  of  one  mile  from  each  other,  and  marking  cor- 
S^at  *ti'S  Revised  ners,  at  the  distance  of  each  half  mile  on  the  lines  running 
from  east  to  west,  and  at  the  distance  of  each  mile  on 

those  running  from  south  to  north.  And  the  interior  lines  of  townships 
intersected  by  the  Muskingum,  and  of  all  townships  lying  east  of  that  river, 
which  have  not  been  heretofore  actually  subdivided  into  sections,  shall  also  be 
run  and  marked  *.  And  in  all  cases  where  the  exterior  lines  of  the 

townships  thus  to  be  subdivided  into  sections  or  half  sections,  shall  exceed 
or  shall  not  extend  six  miles,  the  excess  or  deficiency  shall  be  specially  noted, 
and  added  to  or  deducted  from  the  western  or  northern  ranges  of  sections  or 
half-sections  in  such  townships,  according  as  the  error  may  be  in  running  the 
lines  from  east  to  west  or  from  south  to  north."  Said  Act  also  provided  that 
the  northern  and  western  tiers  of  sections  should  be  sold  as  containing  only 
the  quantity  expressed  on  the  plats,  and  all  others  as  containing  the  complete 
legal  quantity. 

The  Act  approved  June  1,   1796,   "regulating  the  grants   of  land   appro- 
Act    of    June    1     P"3*6^  f°r  military  services,"  etc.,  provided  for  dividing 
1796.  U.  S.  Statutes  the  "United  States  Military  Tract,"  in  the  State  of  Ohio, 
»t  Large,  vol.  1,  p.    into  townships  5  miles  square,  each  to  be  subdivided  into 
quarter  townships  containing  4,000  acres. 

Section  6  of  the  act  approved  March  1,  1800,  amendatory  of  the  foregoing 

act,  enacted  that  the  Secretary  of  the  Treasury  was   authorized  to  subdivide 

the     quarter    townships     into    lots    of     100     acres,    bounded     as     nearly     as 

Act  of   March   1    Practicable    by    parallel    lines    160    perches    in    length    by 

1800.  U.  S.  Statutes  100     perches     in     width.       These     subdivisions     into     lots, 

at  Large,  vol.  2,  p.  however,   were   made   upon   the   plats   in   the   office   of   the 

Secretary  of  the  Treasury,  and  the  actual  survey  was  only 

made  at  a  subsequent  time  when  a  sufficient  number  of  such  lots  had  been 
located  to  warrant  the  survey.  It  thus  happened,  in  some  instances,  that  when 
the  survey  came  to  be  made  the  plat  and  survey  could  not  be  made  to  agree, 
and  that  fractional  lots  on  plats  were  entirely  crowded  out.  A  knowledge  of 
this  fact  may  explain  some  of  the  difficulties  met  with  in  the  district  thus 
subdivided. 

The  act  of  Congress  approved  February  11,  1805,  directs  the  subdivision 
of  the  public  lands  into  quarter  sections,  and  provides  that  all  corners  marked 


367 

in  the  field  shall  be  established  as  the  proper  corners  of 
the  sections  or  quarter  sections  which  they  were  intended  iijgog 
to  designate,  and  that  corners  of  half  and  quarter  sections  statutes  at  Largo! 
not  marked  shall  be  placed  as  nearly  as  possible  "equi-  vol.  2,  p.  313.  Sec- 
distant  from  those  two  corners  which  stand  on  the  same  y'ised's'tatutes^'  R6 
line."  This  act  further  provides  that  "the  boundary  lines 
actually  run  and  marked"  (in  the  field)  "shall  be  established  as  the  proper 
boundary  lines  of  the  sections,  or  subdivisions,  for  which  they  were  intended, 
and  the  length  of  such  lines  as  returned  by  either  of  the  surveyors  aforesaid 
shall  be  held  and  considered  as  the  true  length  thereof.  And  the  boundary 
lines  which  shall  not  have  been  actually  run  and  marked  as  aforesaid  shall  be 
ascertained  by  running  straight  lines  from  the  established  corners  to  the 
opposite  corresponding  corners,  but  in  those  portions  of  the  fractional  town- 
ships where  no  such  opposite  or  corresponding  corners  have  been  or  can  be 
fixed,  the  said  boundary  lines  shall  be  ascertained  by  running  from  the  estab- 
lished corners  due  north  and  south,  or  east  and  west  lines,  as  the  case  may  be, 
to  the  water  course,  Indian  boundary  line,  or  other  external  boundary  of  such' 
fractional  township." 

The  Act  of  Congress  approved  April  24,  1820,  provides  for  the  sale  of 
public  lands  in  half-quarter  sections,  and  requires  that  "in 
every  case  of  the  division  of  a  quarter  section  the  line  for    joon   r> s^ita'tutes 
the    division    thereof    shall    run    north    and    south,"    "and    at  "Large,  vol.  3.  p. 
fractional  sections,  containing  160  acres  and  upwards,  shall    566.      Section   2397. 
in  like  manner,  as  nearly  as  practicable,  be  subdivided  into    g*atu^'eg  R  e  v  *  s  e  d 
half  quarter  sections  under  such  rules  and  regulations  as 
may  be  prescribed  by  the  Secretary  of  the  Treasury;  but  fractional  sections 
containing  less  than  160  acres  shall  not  be  divided." 

The  Act  of  Congress  approved   May  24,   1824,  provides  "that  whenever, 
in  the   opinion   of  the  President  of  the  United   States,   a 
departure  from  the  ordinary  mode  of  surveying  land  on  any        .   .      .    .,        „ . 
river,  lake,  bayou,  or  water  course  would  promote  the  public    1824.  u.  S.  Statutes 
interest,  he  may  direct  the  surveyor-general  in  whose  dis-    nt  Large,  vol.  4,  p. 
trict  such  land  is  situated,  and  where  the  change  is  intended    34- 
to  be  made,  under  such  rules  and  regulations  as  the  Presi- 
dent may  prescribe,  to  cause  the  lands  thus  situated  to  be  surveyed  in  tracts 
of  two  acres  in  width,  fronting  on  any  river,  bayou,  lake,  or  water  course, 
and  running  back  the  depth  of  forty  acres." 

The  Act  of  Congress  approved  April  5,  1832,  directed  the  subdivision  of 
the  public  lands  into  quarter-quarter  sections;  that  in  every  case  of  the 
division  of  a  half-quarter  section  the  dividing  line  should 
run  east  and  west,  and  that  fractional  sections  should  be  1 030*11°^  ^??r?  t^' 
subdivided,  under  rules  and  regulations  prescribed  by  the  at  Large,  vol.  4,  p. 
Secretary  of  the  Treasury.  Under  the  latter  provision  the  503.  Section  2397, 
Secretary  directed  that  fractional  sections  containing  less  i •  .  *•*•  Revised 
than  160  acres,  or  the  residuary  portion  of  a  fractional 
section,  after  the  subdivision  into  as  many  quarter-quarter  sections  as  it  is 
susceptible  of,  may  be  subdivided  into  lots,  each  containing  the  quantity  of  a 
quarter-quarter  section  as  nearly  as  practicable,  by  so  laying  down  the  line 
of  subdivision  that  they  shall  be  20  chains  wide,  which  distances  are  to  be 
marked  on  the  plat  of  subdivision,  as  are  also  the  areas  of  the  quarter- 
quarters  and  residuary  fractions. 

These  two  acts  last  mentioned  provided  that  the  corners  and  contents 
of  half-quarter  and  quarter-quarter  sections  should  be  ascertained  as  nearly 
as  possible  in  the  manner  and  on  the  principles  prescribed  in  the  Act  of 
Congress  approved  February  11,  1805. 

General  Rules. 

From  the  foregoing  synopsis  of  Congressional  legislation  it  is  evident — 

1st.  That  the  boundaries  of  the  public  lands  established  and  returned  by 
the  duly  appointed  Government  surveyors,  when  approved  by  the  surveyors- 
general  and  accepted  by  the  Government,  are  unchangeable. 

2d.  That  the  original  township,  section,  and  quarter-section  corners  estab- 
lished by  the  Government  surveyors  must  stand  as  the  true  corners  which 
they  were  intended  to  represent,  whether  the  corners  be  in  place  or  not. 

3d.  That  quarter-quarter  corners  not  established  by  the  Government  sur- 
veyors shall  be  placed  on  the  straight  lines  joining  the  section  and  quarter- 
section  corners  and  midway  between  them,  except  on  the  last  half  mile  of 


36S 

section  lines  closing  on  the  north  and  west  boundaries  of  the  township,  or  on 
other  lines  between  fractional  sections. 

4th.  That  all  subdivisional  lines  of  a  section  running  between  corners 
established  in  the  original  survey  of  a  township  must  be  straight  lines,  run- 
ning from  the  proper  corner  in  one  section  line  to  its  opposite  corresponding 
corner  in  the  opposite  section  line. 

oth.  That  in  a  fractional  section  where  no  opposite  corresponding  corner 
has  been  or  can  be  established,  any  required  subdivision  line  of  such  section 
must  be  run  from  the  proper  original  corner  in  the  boundary  line  due  east  and 
•west,  or  north  and  south,  as  the  case  may  be,  to  the  water  course,  Indian 
reservation,  or  other  boundary  of  such  section,  with  due  parallelism  to  section 
lines. 

From  the  foregoing  it  will  be  plain  that  extinct  corners  of  the  Government 
surveys  must  be  restored  to  their  original  locations,  whenever  it  is  possible 
to  do"  so;  and  hence  resort  should  always  be  first  had  to  the  marks  of  the 
survey  in  the  field.  The  locus  of  the  missing  corner  should  be  first  identified  on 
the  ground  by  the  aid  of  -the  mound,  pits,  line  trees,  bearing  trees,  etc., 
described  in  the  field  notes  of  the  original  survey. 

The  identification  of  mounds,  pits,  witness  trees,  or  other  permanent  objects 
noted  in  the  field  notes  of  survey,  affords  the  best  means  of  relocating  the 
missing  corner  in  its  original  position.  If  this  can  not  be  done,  clear  and 
convincing  testimony  of  citizens  as  to  the  locality  it  originally  occupied  should 
be  taken,  if  such  can  be  obtained.  In  any  event,  whether  the  locus  of  the 
corner  be  fixed  by  the  one  means  or  the  other,  such  locus  should  always  be 
tested  and  confirmed  by  measurements  to  known  corners.  No  definite  rule  can 
be  laid  down  as  to  what  shall  be  sufficient  evidence  in  such  cases,  and  much 
must  be  left  to  the  skill,  fidelity,  and  good  judgment  of  the  surveyor  in  the 
performance  of  his  work. 

Exceptional  Cases. 

When  new  measurements  are  made  on  a  single  line  to  determine  the 
position  thereon  for  a  restored  lost  corner  (for  example,  a  quarter-section 
corner  on  line  between  two  original  section  corners),  or  when  new  measure- 
ments are  made  between  original  corners  on  two  lines  for  the  purpose  of 
fixing  by  their  intersection  the  position  of  a  restored  missing  corner  (for 
example,  a  corner  common  to  four  sections  or  four  townships),  it  will  almost 
invariably  happen  that  discrepancies  will  be  developed  between  the  new 
measurements  and  the  original  measurements  in  the  field  notes.  When  these 
differences  occur  the  surveyor  will  in  all  cases  establish  the  missing  corner 
by  proportionate  measurements  on  lines  conforming  to  the  original  field  notes 
and  by  the  method  followed  in  the  original  survey.  From  this  rule  there  can 
be  no  departure,  since  it  is  the  basis  upon  which  the  whole  operation  depends 
for  accuracy  and  truth. 

In  cases  where  the  relocated  corner  can  not  be  made  to  harmonize  with 
the  field  notes  in  all  directions,  and  unexplained  error  in  the  first  survey  is 
apparent,  it  sometimes  becomes  the  task  of  the  surveyor  to  place  it  according 
to  the  requirements  of  one  line  and  against  the  calls  of  another  line.  For 
instance,  if  the  line  between  sections  30  and  31,  reported  78  chains  long,  would 
draw  the  missing  corner  on  range  line  1  chain  eastward  out  of  range  with 
the  other  exterior  corners,  the  presumption  would  be  strong  that  the  range 
line  had  been  run  straight  and  the  length  of  the  section  line  wrongly  reported, 
because  experience  shows  that  west  random  line  are  regarded  as  less  important 
than  range  lines  and  more  liable  to  error. 

Again,  where  a  corner  on  a  standard  parallel  has  been  obliterated,  it  is 
proper  to  assume  that  it  was  placed  in  line  with  other  corners,  and  if  an 
anomalous  length  of  line  reported  between  sections  3  and  4  would  throw  the 
closing  corner  into  the  northern  township,  a  surveyor  would  properly  assume 
that  the  older  survey  of  the  standard  line  is  to  control  the  length  of  the  later 
and  minor  line.  The  marks  or  corners  found  on  such  a  line  closing  to  a 
standard  parallel  fix  its  location,  but  its  length  should  be  limited  by  its  actual 
intersection,  at  which  point  the  lost  closing  corner  may  be  placed. 

The  strict  rule  of  the  law  that  "all  corners  marked  in  the  field  shall  be 
established  as  the  corners  which  they  were  intended  to  designate,"  and  the 
further  rule  that  "the  length  of  lines  returned  by  the  surveyors  shall  be  held 
and  considered  as  the  true  length  thereof,"  are  found  in  some  cases  to  be 
impossible  of  fulfillment  in  all  directions  at  once,  and  a  surveyor  is  obliged 
to  choose,  in  his  own  discretion,  which  of  two  or  more  lines  must  yield,  in  order 
to  permit  the  rules  to  be  applied  at  all. 


In  a  case  of  an  erroneous  but  existing  closing  corner,  which  was  set 
some  distance  out  of  the  true  State  boundary  of  Missouri  and  Kansas,  it  was 
held  by  this  office  that  a  surveyor  subdividing  the  fractional  section  should 
preserve  the  boundary  as  a  straight  line,  and  should  not  regard  said  closing 
corner  as  the  proper  corner  of  the  adjacent  fractional  lots.  The  said  corner 
was  considered  as  fixing  the  position  of  the  line  between  two  fractional  sec- 
tions, but  that  its  length  extended  to  a  new  corner  to  be  set  on  the  true 
boundary  line.  The  surveyor  should  therefore  preserve  such  an  original  corner 
as  evidence  of  the  line;  but  its  erroneous  position  can  not  be  allowed  to  cause 
a  crook  between  mile  corners  of  the  original  State  boundary. 

It  is  only  in  cases  where  it  is  manifestly  impossible  to  carry  out  the 
literal  terms  of  the  law,  that  a  surveyor  can  be  justified  in  making  such  a 
decision. 

The  principle  of  the  preponderance  of  one  line  over  another  of  less 
importance  has  been  recognized  in  the  rule  for  restoring  a  section  corner 
common  to  two  townships  in  former  editions  of  this  circular.  The  new  corner 
should  be  placed  on  the  township  line;  and  measurements  to  check  its  position 
by  distances  to  corners  within  the  townships  are  useful  to  confirm  it  if  found 
to  agree  well,  but  should  not  cause  it  to  be  placed  off  the  line  if  found  not  to 
agree,  if  the  general  condition  of  the  boundary  supports  the  presumption  that 
it  was  properly  alined. 

To  Restore  Lost  or  Obliterated  Corners. 

1.  To  restore  corners  on  base  lines  and  standard  parallels. — Lost  or  oblit- 
erated standard  corners  will  be  restored  to  their  original  positions  on  a  base 
line,  standard  parallel,  or  correction  line,  by  proportionate  measurements  on 
the  line,   conforming  as  nearly  as  practicable   to  the  original  field   notes  and 
joining  the   nearest   identified   original   standard   corners   on   opposite   sides   of 
the  missing  corner  or  corners,  as  the  case  may  be. 

(a)  The  term  "standard  corners"  will  be  understood  to  designate  standard 
township,    section,    quarter-section,    and    meander    corners;    and,    in    addition, 
closing   corners,   as   follows:     Closing   corners   used   in   the    original    survey   to 
determine  the  position  of  a  standard  parallel,  or  established  during  the  survey 
of    the    same,    will,    with    the    standard    corners,    govern    the    alinement    and 
measurements  made  to  restore  lost  or  obliterated  standard  corners;  but  no  other 
closing  corners  will  control  in  any  manner  the  restoration  of  standard  corners 
on  a  base  line  or  standard  parallel. 

(b)  A  lost  or  obliterated  closing  corner  from  which  a  standard  parallel 
has   been    initiated   or   to   which   it    has   been    directed    will   be   reestablished 
in    its    original    place    by   proportionate    measurement    from    the    corners    used 
in  the  original  survey  to  determine  its  position.     Measurements  from  corners 
on  the  opposite  side  of  the  parallel  will  not  control  in  any  manner  the  relocation 
of  said  corner. 

(c)  A   missing    closing   corner    originally   established    during   the    survey 
of  a  standard  parallel  as  a  corner  from  which  to  project  surveys  south  will 
be  restored  to  its  original  position  by  considering  it  a  standard  corner  and 
treating  it  accordingly. 

(d)  Therefore,  paying  attention   to  the  preceding  explanations,  we  have 
for  the  restoration   of  one  or  several  corners  on  a  standard  parallel,  and  for 
general  application  to  all  other  surveyed  lines,  the  following  proportion: 

As  the  original  field-note  distance  between  the  selected  known  corners  is  to 
the  new  measure  of  said  distance,  so  is  the  original  field-note  length  of  any  part 
of  the  line  to  the  required  new  measure  thereof. 

The  sum  of  the  computed  lengths  of  the  several  parts  of  a  line  must  be 
equal  to  the  new  measure  of  the  whole  distance. 

(e)  As  has  been  observed,  existing  original  corners  can  not  be  disturbed; 
consequently    discrepancies    between     the     new     and     the    original    field-note 
measurements  of  the  line  joining  the  selected  original  corners  will  not  in  any 
manner  affect  measurements  beyond  said   corners,  but  the   differences  will  be 
distributed   proportionately   to  the   several   intervals   embraced   in   the   line   in 
question. 

(f)  After    having    checked    each    now    location    by    measurement    to    the 
nearest  known  corners,  now  corners  will  he  established  permanently  and  new 
bearings  an-1  measurements  taken  to  prominent  objects,  which  should  be  of  as 
permanent  a  chnractor  ;is  possible,  and  the  same  recorded  for  future  reference. 

2.  Eestoration  of  township  corners  common  to  four  townships. — Two  cases 
should  be  clearly  recognized:     1st.     Where  the  position  of  the  original  township 


370 

corner  has  been  made  to  depend  upon  measurements  on  two  lines  at  right 
angles  to  each  other.  2d.  Where  the  original  corner  has  been  located  by 
measurements  on  one  line  only;  for  example,  on  a  guide  meridian. 

(a)  For  restoration  of  a  township  corner  originally  subject  to  the  first 
condition:     A  line  will  first  be  run  connecting  the  nearest  identified  original 
corners   on   the   meridional   township    lines,   north    and    south    of   the    missing 
corner,  and  a   temporary   corner  will  be   placed   at   the   proper  proportionate 
distance.    This  will  determine  the  corner  in  a  north  and  south  direction  onl^y. 

Next,  the  nearest  original  corners  on  the  latitudinal  township  lines  will  be 
connected  and  a  point  thereon  will  be  determined  in  a  similar  manner,  inde- 
pendent of  the  temporary  corner  on  the  meridional  line.  Then  through  the  first 
temporary  corner  run  a  line  east  (or  west)  and  through  the  second  temporary 
corner  a  line  north  (or  south),  as  relative  situations  may  suggest.  The  inter- 
section of  the  two  lines  last  run  will  define  the  position  of  the  restored  township 
corner,  which  may  be  permanently  established. 

(b)  The  restoration  of  a  lost  or  obliterated  township  corner  established 
under  the  second  conditions,  i.  e.,  by  measurements,  on  a  single  line,  will  be 
effected    by    proportionate   measurements    on    said    line,    between    the    nearest 
identified  original  corners  on  opposite  sides  of  the  missing  township  corner, 
as  before  described. 

3.  Keestablishment  of  corners  common  to  two  townships. — The  two  near- 
est  known   corners   on   the   township   line,   the   same   not   being   a   base    or   a 
correction  line,  will  be  connected  as  in  case  No.  1,  by  a  right  line,  and  the 
missing  corner  established  by  proportionate  distance  as  directed  in  that  case; 
the  location  thus  found  will   be   checked   upon   by   measurements   to  nearest 
known  section  or  quarter-section  corners  north  and  south,  or  east  and  west,  of 
the  township  line,  as  the  case  may  be. 

4.  Eeestablishment  of  closing  corners. — Measure  from  the  quarter-section, 
section,  or  township  corner  east  or  west,  as  the   case  may  be,  to   the  next 
preceding   or  succeeding  corner  in   the   order   of   original   establishment,   and 
reestablish  the  "missing  closing  corner  by  proportionate  measurement.     The  line 
upon  which  the   closing  corner  was   originally   established   should   always   be 
remeasured,  in  order  to  check  upon  the  correctness  of  the  new  location.     See 
pages  8,  12,  and  13  for  details. 

5.  Eeestablishment    of    interior    section    corners. — This    class    of   corners 
should  be  reestablished  in  the  same  manner  as  corners  common  to  four  town- 
ships.   In  such  cases,  when  a  number  of  corners  are  missing  on  all  sides  of  the 
one   sought   to  be  reestablished,  the   entire   distance  must,   of  course,   be   re- 
measured  between  the  nearest  existing  recognized  corners  both  north  and  south, 
and  east  and  west,  in  accordance  with  the  rule  laid  down,  and  the  new  corner 
reestablished  by  proportionate  measurement.     The  mere  measurement  in  any 
one  of  the  required  directions  will  not  suffice,  since  the  direction  of  the  several 
section  lines  running  northward  through  a  township,  or  running  east  and  west, 
are  only  in  the  most  exceptional  cases  true  prolongations  of  the  alinement  of 
the  section  lines  initiated  on  the  south  boundary  of  the  township;   while  the 
east  and  west  lines  running  through  the  township,  and  theoretically  supposed 
to  be  at  right  angles  with  the  former,  are  seldom  in  that  condition,  and  the 
alinements  of  the  closing  lines  on  the  east  and  west  boundaries  of  the  township, 
in  connection  with  the  interior  section  lines,  are  even  less  often  in   accord. 
Moreover,  the  alinement  of  the  section  line  itself  from  corner  to  corner,  in 
point  of  fact,  also  very  frequently  diverges  from  a  right  line,  although  pre- 
sumed to  be  such  from  the  record  contained  in  the  field  notes  and  so  designated 
on  the  plats,  and  becomes  either  a  broken  or  a  curved  line.     This  fact  will 
be  determined,  in  a  timbered  country,  by  the  blazes  which  may  be  found  upon 
trees    on    either    side    of   the    line,    and    although    such    blazed    line    will    not 
strictly   govern   as   to   the    absolute    direction    assumed   by   such   line,    it    will 
assist  very  materially  in  determining  its  approximate   direction,   and   should 
never  be  neglected  in  retracements  for  the  reestablishment  of  lost  corners  of 
any  description.     Sight  trees  described  in  the  field   notes,  together  with   the 
recorded  distances  to  same,  when  fully  identified,  will,  it   has  been  held,  in 
one   or  more   States,   govern    the   line   itself,   even   when    not   in   a    direct    or 
straight   line   between   established    corners,   which    line    is   then    necessarily    a 
broken  line  by  passing  through  said  sight  trees.     Such  trees,  when  in  existence 
and  properly  identified  beyond  a  question  of  doubt,  will  very  materially  assist 
in  evidencing  the  correct  relocation  of  a  missing  corner.     It  is  greatly  to  be 
regretted   that   the    earlier  field   notes   of   survey   are   so   very   meager   in   the 
notation  of  the  topography  found   on  the   original   line,  which  might  in  very 
many  instances  materially  lessen  a  surveyor's  labors  iu  retracement  of  lines 


371       . 

and  reestablishment  of  the  required  missing  corner.  In  the  absence  of  such 
sight  trees  and  other  evidence  regarding  the  line,  as  in  an  open  country,  or 
where  such  evidence  has  been  destroyed  by  time,  the  elements,  or  the  progress 
of  improvement,  the  line  connecting  the  known  corners  should  be  run  straight 
from  corner  to  corner. 

6.  Reestablishment  of  quarter-section  corners  on  township  boundaries. — 
Only  one  set  of  quarter-section  corners  are  actually  marked  in  the  field  on 
township    lines,   and    they    are    established    at    the    time    when    the    township 
exteriors  are  run.     When  double  section  corners  are  found,  the  quarter-section 
corners  are  considered  generally  as  standing  midway  between  the  corners  of 
their  respective  sections,  and  when  required  to  be  established  or  reestablished, 
as  the  case  may  be,  they  should  be  generally  so  placed;  but  great  care  should 
be  exercised  not  to  mistake  the  corners  belonging  to  one  township  for  those  of 
another.     After  determining  the  proper  section  corners  marking  the  line  upon 
which  the  missing  quarter-section  corner  is  to  be  reestablished,  and  measuring 
said  line,  the  missing  quarter-section  corner  will  be  reestablished  in  accordance 
with  the  requirements  of  the  original  field  notes  of  survey,  by  proportionate 
measurement  between  the  section  corners  marking  the  line. 

Where  there  are  double  sets  of  section  corners  on  township  and  range  lines, 
and  the  quarter-section  corners  for  sections  south  of  the  township  or  east 
of  the  range  lines  are  required  to  be  established  in  the  field,  the  said  quarter- 
section  corners  should  be  so  placed  as  to  suit  the  calculation  of  areas  of  the 
quarter-sections  adjoining  the  township  boundaries  as  expressed  upon  the 
official  township  plat,  adopting  proportionate  measurements  when  the  present 
measurement  of  the  north  and  west  boundaries  of  the  section  differ  from  the 
original  measurements. 

7.  Reestablishment    of    quarter-section    corners    on    closing    section    lines 
between  fractional  sections. — This  class  of  corners  must  be  reestablished  ac- 
cording to  the  original  measurement  of  40  chains  from  the  last  interior  section 
corner.    If  the  measurements  do  not  agree  with  the  original  survey,  the  excess 
or  deficiency  must  be  divided  proportionately  between  the   two   distances  as 
expressed  in  the  field  notes  of  original  survey.    The  section  corner  started  from 
and  the  corner  closed  upon  should  be  connected  by  a  right  line,  unless  the 
retracement  should  develop  the  fact  that  the  section  line  is  either  a  broken 
or  curved  line,  as  is  sometimes  the  case. 

8.  Reestablishment   of  interior  quarter-section   corners. — In   some  of  the 
older  surveys  these  corners  are   placed   at  variable   distances,  in  which   case 
the   field   notes   of   the   original  survey   must   be   consulted,   and   the   quarter- 
section  corner  reestablished  at  proportionate  distances  between  the  correspond- 
ing section  corners,  in   accordance  therewith.     The  later  surveys  being  more 
uniform  and  in  stricter  accordance  with  law,  the  missing  quarter-section  corner 
must  be  reestablished   equidistant   between   the   section   corners   marking   the 
line,  according  to  the  field  notes  of  the  original  survey.     The  remarks  made 
under  section  5,  in  relation  to  section  lines,  apply  with  full  force  here  also; 
the  caution  there  given  not  to  neglect  sight  trees  is  equally  applicable,  since 
the  proper  reestablishment  of  the  quarter-section  corner  may  in  some  instances 
very  largely  depend  upon  its  observance,  and  avoid  one  of  the  many  sources 
of  litigation. 

9.  Where   double    corners    were   originally   established,    one    of   which   is 
standing,    to    reestablish   the    other. — It    being   remembered    that    the    corners 
established  when  the  exterior  township  lines  were  run,  belong  to  the  sections 
in    the    townships    north    and    west    of    those    lines,    the    surveyor    must    first 
determine  beyond  a  doubt  to  which  sections  the  existing  corner  belongs.     This 
may  be   done  by  testing  the  courses  and   distances  to  witness  trees  or  other 
objects  noted  in  the  original  field  notes  of  survey,  and  by  remeasuring  distances 
to  known  corners.     Having  determined  to  which  township  the  existing  corner 
belongs,  the  missing  corner  may  be  reestablished  in  line  north  or  south  of  the 
existing  corner  as  the  case  may  be,  at  the  distance  stated  in  the  field  notes  of 
the  original  survey,  by  proportionate  measurement,  and  tested  by  retracement 
to   the    opposite    corresponding    corner    of    the    section    to   which    the    missing 
section  corner  belongs.     These  double  corners  being  generally  not  more   than 
a  few  chains  apart,  the  distance  between   them  can  be  more  accurately  laid 
off,   and   it   is   considered   preferable   to   first   establish   the   missing   corner   as 
above,  and  check  upon  the  corresponding  interior  corner,  than  to  reverse  the 
proceeding;   since   the  result  obtained   is  every  way  more  accurate  and   satis- 
factory. 

10.  Wliere  double  corners  were  originally  established,  and  both  are  miss- 


372 

ing,  to  reestablish  the  one  established  when  the  township  line  was  run.— The 
surveyor  will  connect  the  nearest  known  corners  on  the  township  line  by  a 
right  line,  being  careful  to  distinguish  the  section  from  the  closing  corners, 
and  reestablish  the  missing  corner  at  the  point  indicated  by  the  field  notes  of 
the  original  survey  by  proportionate  measurement.  The  corner  thus  restored 
will  be  common  to  two  sections  either  north  or  west  of  the  township  boundary, 
and  the  section  north  or  west,  as  the  case  may  be,  should  be  carefully  retraced, 
thus  checking  upon  the  reestablished  corner,  and  testing  the  accuracy  of  the 
result.  It  can  not  be  too  much  impressed  upon  the  surveyor  that  any  measure- 
ments to  objects  on  line  noted  in  the  original  survey  are  means  of  determining 
and  testing  the  correctness  of  the  operation. 

11.  Where  double  corners  were  originally  established,  and  both  are  miss- 
ing, to  reestablish  the  one  established  when  the  township  was  subdivided. — 
The  corner  to  be  reestablished  being  common  to  two  sections  south  or  cast 
of  the  township  line,  the  section  line  closing  on   the  missing  section   corner 
should  be  first  retraced  to  an  intersection  with  the  township  line  in  the  manner 
previously  indicated,  and  a  temporary  corner  established  at  the  point  of  inter- 
section.     The   township   line   will   of   course    have    been    previously   carefully 
retraced  in  accordance  with  the  requirements  of  the  original  field  notes  of  the 
survey,  and  marked  in  such  manner  as  to  be  readily  identified  when  reaching 
the  same  with  the  retraced  section  line.     The  location  of  the  temporary  corner 
planted  at  the  point  of  interstction  will  then  be  carefully  tested  and  verified 
by  measurements  to  objects  and  known  corners  on  the  township  line,  as  noted 
in  the  original  field  notes  of  survey,  and  the  necessary  corrections  made  in 
such  relocation.     A  permanent  corner  will  then  be  erected  at  the  corrected 
location  on  the  township  line,  properly  marked  and  witnessed   and  recorded 
for  future  requirements. 

12.  Where  triple  corners  were  originally  established  on  range  lines,  one 
or  two  of  which  have  become  obliterated,  to  reestablish  either  of  them. — It 
will   be   borne    in    mind    that    only    two    corners    were    established    as    actual 
corners  of  sections,  those  established  on  the  range  line  not  corresponding  with 
the  subdivisional  survey  east  or  west  of  said  range  line.     The  surveyor  will, 
therefore,  first  proceed  to  identify  the  existing  corner  or  corners,  as  the  case 
may  be,  and  then  reestablish  the  missing  corner  or  corners  in  line  north  or 
south,  according  to  the  distances  stated  in  the  original  field  notes  of  survey 
in  the  manner  indicated  for  the  reestablishment  of  double  corners,  testing  the 
accuracy  of  the  result  obtained,  as  hereinbefore  directed  in  other  cases.     If, 
however,  the  distances  between  the  triple  corners  are  not  stated  in  the  original 
field  notes  of  survey,  as  is  frequently  the  case  in  the  returns  of  older  surveys, 
the  range  line   should  be   first   carefully  retraced,  and  marked  in   a  manner 
sufficiently  clear  to  admit  of  easy  identification  upon  reaching  same  during  the 
subsequent  proceedings.     The  section  lines  closing  upon   the  missing  corners 
must  then  be  retraced  in  accordance  with  the  original  field  notes  of  survey,  in 
the  manner  previously  indicated  and  directed,  and  the  corners  reestablished  in 
the  manner  directed  in  the  case  of  double  corners.     The  surveyor  can  not  be 
too  careful,  in  the  matter  of  retracement,  in  following  closely  all  the  recorded 
indications  of  the  original  line,  and  nothing,  however  slight,  should  be  neg- 
lected to  insure  the  correctness  of  the  retracement  of  the  original  line;  since 
there  is  no  other  cheek  upon  the  accuracy  of  the  reestablishment  of  the  missing 
corners,  unless  the  entire  corresponding  section  lines  are  measured  by  propor- 
tional measurement  and   the  result   checked  by  a  recalculation   of  the   areas 
as  originally  returned,  which,  at  best,  is  but  a  very  poor  check,  because  the 
areas   expressed   upon    the   margin    of   many   plats   of   the    older   surveys   are 
erroneously  stated  on  the  face  of  the  plats,  or  have  been  carelessly  calculated. 

13.  Where  triple  corners  were  originally  established  on  range  lines,  all 
of  which  are  missing,  to  reestablish  same. — These  corners  should  be  reestab- 
lished in  accordance  with  the  foregoing  directions,  commencing  with  the  corner 
originally  established  when  the  range  line  was  run,  establishing  the  same  in 
accordance  with  previously  given  directions  for  restoring  section  and  quarter- 
section  corners;   that  is  to  say,  by  remeasuring  between  the  nearest  known 
corners  on  said  township  line,  and  reestablishing  the  same  by  proportionate 
measurement.     The  two  remaining  will   then   be   reestablished  in   conformity 
with  the  general  rules  for  reestablishment  of  double  corners. 

14.  Reestablishment    of    meander    corners. — Before    proceeding    with    the 
reestablishment  of  missing  meander  corners,  the  surveyor  should  have  carefully 
rechained  at   least   three   of   the   section   lines  between   known   corners   of  the 
township  within  which  the  lost  corner  is  to  be  relocated,  in  order  to  establish 


373 

the  proportionate  measurement  to  be  used.  This  requirement  of  preliminary 
remeasurement  of  section  lines  must  in  no  case  be  omitted;  since  it  gives  the 
only  data  upon  which  the  fractional  section  line  can  be  remeasured  propor- 
tionately, the  corner  marking  the  terminus,  or  the  meander  corner,  being 
missing,  which  it  is  intended  to  reestablish.  The. missing  meander  corner  will 
be  reestablished  on  the  section  or  township  line  retraced  in  its  original  location, 
by  the  proportionate  measurement  found  by  the  preceding  operations,  from 
the  nearest  known  coiner  on  such  township  or  section  line,  in  accordance  with 
the  requirements  of  the  original  field  notes  of  survey. 

Meander  corners  hold  the  peculiar  position  of  denoting  a  point  on  line 
between  landowners,  without  usually  being  the  legal  terminus  or  corner  of 
the  lands  owned.  Leading  judicial  decisions  have  affirmed  that  meander  lines 
are  not  strictly  boundaries,  and  do  not  limit  the  ownership  to  the  exact  areas 
placed  on  the  tracts,  but  that  said  title  extends  to  the  water,  which, 
by  the  plat,  appears  to  bound  the  land. 

As  such  water  boundaries  are,  therefore,  subject  to  change  by  the  en- 
croachment or  recession  of  the  stream  or  lake,  the  precise  location  of  old 
meanders  is  seldom  important,  unless  in  States  whose  laws  prescribe  that  dried 
lake  beds  are  the  property  of  the  State. 

Where  the  United  States  has  disposed  of  the  fractional  lots  adjacent 
to  shores,  it  claims  no  marginal  lands  left  by  recession  or  found  by  reason 
of  erroneous  survey.  The  lines  between  landowners  are  therefore  regarded 
as  extended  beyond  the  original  meander  line  of  the  shore,  but  the  preservation 
or  relocation  of  the  meander  corner  is  important,  as  evidence  of  the  position 
of  the  section  line. 

The  different  rules  by  which  division  lines  should  be  run  between  private 
owners  of  riparian  accretions  are  a  matter  of  State  legislation,  and  not  subject 
to  a  general  rule  of  this  Office. 

15.  Fractional  section  lines. — County  and  local  surveys  being  sometimes 
called  upon  to  restore  fractional  sectional  lines  closing  upon  Indian,  military, 
or  other  reservations,  private  grants,  etc.,  such  lines  should  be  restored  upon 
the  same  principles  as  directed  in  the  foregoing  pages,  and  cheeked  whenever 
possible  upon  such  corners  or  monuments  as  have  been  placed  to  mark  such 
boundary  lines. 

In  some  instances  corners  have  been  moved  from  their  original  position, 
either  by  accident  or  design,  and  county  surveyors  are  called  upon  to  restore 
such  corners  to  their  original  positions,  but,  owing  to  the  absence  of  any  and 
all  means  of  identification  of  such  location,  are  unable  to  make  the  result  of 
their  work  acceptable  to  the  owners  of  the  lands  affected  by  such  corner.  In 
such  cases  the  advice  of  this  Office  has  invariably  been  to  the  effect  that  the 
relocation  of  such  corner  must  be  made  in  accordance  with  the  orders  of  a 
court  of  competent  jurisdiction,  the  United  States  having  no  longer  any 
authority  to  order  any  changes  where  the  lands  affected  by  such  corner  have 
been  disposed  of. 

Records. 

The  original  evidences  of  the  public-land  surveys  in  the  following  States 
have  been  transferred,  under  the  provisions  of  sections  2218,  2219,  and  2220, 
United  States  Revised  Statutes,  to  the  State  authorities,  to  whom  application 
should  be  made  for  such  copies  of  the  original  plats  and  field  notes  as  may  be 
desired,  viz: 

Alabama:     Secretary  of  State,  Montgomery. 

Arkansas:     Commissioner  of  State  Lands,  Little  Rock. 

Illinois:     Auditor  of  State,  Springfield. 

Indiana:     Auditor  of  State,  Indianapolis. 

Iowa:     Secretary  of  State,  Des  Moines. 

Kansas:     Auditor  of  State  and  Register  of  State  Lands,  Topeka. 

Michigan:     Commissioner  of  State  Land  Office,  Lansing. 

Mississippi:      Commissioner   of  State  Lands,  Jackson. 

Missouri:     Secretary  of  State,  Jefferson  City. 

Nebraska:     Commissioner  of  Public  Lands  and  Buildings,  Lincoln. 

Ohio:     Auditor  of  State,  Columbus. 

Wisconsin:     Commissioners  of  Public  Lands,  Madison. 

In  other  public-land  States  the  original  field  notes  and  plats  are  retained 
in  the  offices  of  the  United  States  surveyors  general. 

Subdivision  of  Sections. 
^      This  Office  being  in  receipt  of  many  letters  making  inquiry  in  regard  to  the 


374 

proper  method  of  subdividing  sections  of  the  public  lands,  the  following  general 
rules  have  been  prepared  as  a  reply  to  such  inquiries.  The  rules  for  subdivision 
are  based  upon  the  laws  governing  the  survey  of  the  public  lands.  When  cases 
arise  which  are  not  covered  by  these  rules,  and  the  advice  of  this  office  in  the 
matter  is  desired,  the  letter  of  inquiry  should,  in  every  instance,  contain  a 
description  of  the  particular  tract  or  corner,  with  reference  to  township,  range, 
and  section  of  the  public  surveys,  to  enable  the  office  to  consult  the  record;  also 
a  diagram  showing  conditions  found: 

1.  Subdivision   of   sections   into   quarter   sections. — Under   the   provisions 
of  the  Act  of  Congress  approved  February  11,  1805,  the  course  to  be  pursued 
in  the  subdivision  of  sections  into  quarter  sections  is  to  run  straight  lines  from 
the  established  quarter-section  corners,  United  States  surveys,  to  the  opposite 
corresponding  corners.     The  point  of  intersection  of  the  lines  thus  run  will  be 
the  corner  common  to  the  several  quarter  sections,  or,  in  other  words,  the  legal 
center  of  the  section. 

(a)  Upon  the  lines  closing  on  the  north  and  west  boundaries  of  a  town- 
ship, the  quarter-section  corners  are  established  by  the  United  States  deputy 
surveyors  at  40  chains  to  the  north  or  west  of  the  last  interior  section  corners, 
and  the  excess  or  deficiency  in  the  measurement  is  thrown  into  the  half  mile 
next  to  the  township  or  range  line,  as  the  case  may  be. 

(b)  Where   there   are    double   sets    of   section   corners   on   township   and 
range  lines,  the  quarter  corners  for  the  sections  south  of  the  township  lines 
and  east  of  the  range  lines  are  not  established  in  the  field  by  the  United  States 
deputy  surveyors,  but  in  subdividing  such  sections  said  quarter  corners  should 
be     so    placed    as    to    suit    the    calculations    of    the    areas    of    the    quarter 
sections  adjoining  the  township  boundaries  as  expressed  upon  the  official  plat, 
adopting  proportionate  measurements  where  the  new  measurements  of  the  north 
or  west  boundaries  of  the  section  differ  from  the  original  measurements. 

2.  Subdivision     of     fractional     sections. — Where     opposite     corresponding 
corners  have  not  been  or  can  not  be   fixed,  the  subdivision  lines  should   be 
ascertained  by  running  from  the  established  corners  due  north,  south,  east,  or 
west  lines,  as  the  case  may  be,  to  the  water  course,  Indian  boundary  line,  or 
other  boundary  of  such  fractional  section. 

(a)  The  law  presumes  the  section  lines  surveyed  and  marked  in  the 
field  by  the  United  States  deputy  surveyors  to  be  due  north  and  south  or  east 
and  west  lines,  but  in  actual  experience  this  is  not  always  the  case.  Hence, 
in  order  to  carry  out  the  spirit  of  the  law,  it  will  be  necessary  in  running  the 
subdivisional  lines  through  fractional  sections  to  adopt  mean  courses  where 
the  section  lines  are  not  due  lines,  or  to  run  the  subdivision  line  parallel  to 
the  east,  south,  west,  or  north  boundary  of  the  section,  as  conditions  may 
require,  where  there  is  no  opposite  section  line. 

3.  Subdivision  of  quarter  sections  in  to  quarter  quarters. — Preliminary  to 
the  subdivision  of  quarter  sections,  the  quarter-quarter  corners  will  be  estab- 
lished at  points  midway  between  the  section  and  quarter-section  corners,  and 
between  quarter  corners  and  the  center  of  the  section,  except  on  the  last  half 
mile   of   the   lines   closing   on   the    north   or   west   boundaries   of   a    township, 
where  they  should  be  placed  at  20  chains,  proportionate  measurement,  to  the 
north  or  west  of  the  quarter-section  corner. 

(a)  The  quarter-quarter  section  corners  having  been  established  as 
directed  above,  the  subdivision  lines  of  the  quarter  section  will  be  run  straight 
between  opposite  corresponding  quarter-quarter  section  corners  on  the  quarter- 
section  boundaries.  The  intersection  of  the  lines  thus  run  will  determine 
the  place  for  the  corner  common  to  the  four  quarter-quarter  sections. 

4.  Subdivision   of   fractional   quarter   sections. — The   subdivision   lines   of 
fractional  quarter  sections  will  be  run  from  properly  established  quarter-quarter 
section   corners    (paragraph   3)    due   north,   south,   east,    or   west,   to   the    lake, 
water  course,  or  reservation  which  renders  such  tracts  fractional,  or  parallel  to 
the  east,  south,  west,  or  north  boundary  of  the  quarter  section,  as  conditions 
may  require.     (See  paragraph  2  (a).) 

5.  Proportionate    measurement. — By    "proportionate    measurement,"    as 
used  in  this  circular,  is  meant  a  measurement  having  the  same   ratio  to  that 
recorded  in   the  original   field   notes  as  the   length   of  chain   used   in   the  new 
measurement  has  to  the  length  of  chain  used  in  the  original  survey,  assuming 
that  the  original  and  new  measurements  have  been  correctly  made. 

For  example:  The  length  of  the  line  from  the  quarter-section  corner  on 
the  west  side  of  sec.  2,  T.  24  N.,  R.  14  E,  Wisconsin,  to  the  north  line  of  the 
township,  by  the  United  States  deputy  surveyor's  chain,  was  reported  as  45.40 


375 

chains,  and  by  the  county  surveyor's  measure  is  reported  as  42.90  chains; 
then  the  distance  which  the  quarter-quarter  section  corner  should  be  located 
north  of  the  quarter-section  corner  would  be  determined  as  follows: 

As  45.40  chains,  the  Government  measure  of  the  whole  distance,  is  to 
42.90  chains,  the  county  surveyor's  measure  of  the  same  distance,  so  is  20.00 
chains,  original  measurement,  to  18.90  chains  by  the  county  surveyor's  measure, 
showing  that  by  proportionate  measurement  in  this  case  the  quarter-quarter 
section  corner  should  be  set  at  18.90  chains  north  of  the  quarter-section  corner, 
instead  of  20.00  chains  north  of  such  corner,  as  represented  on  the  official  plat. 
In  this  manner  the  discrepancies  between  original  and  new  measurements  are 
equitably  distributed. 

Binger    Hermann, 

Commissioner. 
Department  of  the  Interior, 

March  14,  1901. 
Approved : 

E.  A.  Hitchcock, 
Secretary. 

UNITED  STATES  MINING  LAWS,  AND  REGULATIONS 
THEREUNDER,  RELATIVE  TO  THE  RESERVATION,  EX- 
PLORATION, LOCATION,  POSSESSION,  PURCHASE,  AND 
PATENTING  OF  THE  MINERAL  LANDS  IN  THE  PUBLIC 
DOMAIN. 

Approved  March  29,  1909.    37  L.  D.,  728-766. 
For  Index  see  Page-6S&.(H-3<^ 

Department  of  the  Interior, 
General  Land  Office. 
LAWS. 

TITLE  XXXII,   CHAPTER  6,  REVISED  STATUTES. 
Mineral  Lands  and  Mining  Resources. 

Sec.  2318.  In  all  cases  lands  valuable  for  minerals 
shall  be  reserved  from  sale,  except  as  otherwise  ex- 
pressly directed  by  law. 

Sec.  2319.     All  valuable  mineral  deposits  in  lands  res^vldal   lands 
belonging  to  the  United  States,  both  surveyed  and  un-  — 
surveyed,  are  hereby  declared  to  be  free  and  open  to  c.  4iQo^lys.  If6?', 
exploration  and  purchase,  and  the  lands  in  which  they  14jtffnefa'1   lands 
are  found  to  occupation  and  purchase,  by  citizens  of -open  to  purchase 
the  United  States  and  those  who  have  declared  their  by  dti2' 
intention  to  become  such,  under  regulations  prescribed  c  ^go1^'  i872,' 
by  law,  and  according  to  the  local  customs  or  rules  of  IT,  p.~9i.' 
miners  in  the  several  mining  districts,  so  far  as  the 
same  are  applicable  and  not  inconsistent  with  the  laws 
of  the  United  States. 

Sec.  2320.       Mining  claims  upon  veins  or  lodes  of  ^^^^  ^^ 
quartz  or  other  rock  in  place  bearing  gold,  silver,  cin-  veins  or  iodes. 
nabar,  lead,  tin,   copper,   or  other  valuable  deposits, "    10  May,  isY^ 
heretofore  located,  shall  be  governed  as  to  length  along  ^?  1£>2>91S-  2-  v- 
the  vein  or  lode  by  the  customs,  regulations,  and  laws 
in  force  at  the  date  of  their  location.    A  mining  claim 
located  after  the  tenth  day  of  May,  eighteen  hundred 
and  seventy-two,  whether  located  by  one  or  more  per- 
sons, may  equal,  but  shall  not  exceed,  one  thousand  five 
hundred  feet  in  length  along  the  vein  or  lode;  but  no 
location  of  a  mining  claim  shall  be  made  until  the  dis- 
covery of  the  vein  or  lode  within  the  limits  of  the  claim 


376 

located.  No  claim  shall  extend  more  than  three  hun- 
dred feet  on  each  side  of  the  middle  of  the  vein  at  the 
surface,  nor  shall  any  claim  be  limited  by  any  mining 
regulation  to  less  than  twenty-five  feet  on  each  side  of 
the  middle  of  the  vein  at  the  surface,  except  where  ad- 
verse rights  existing  on  the  tenth  day  of  May,  eighteen 
hundred  and  seventy-two,  render  such  limitation  neces- 
sary. The  end  lines  of  each  claim  shall  be  parallel  to 
each  other. 

°f  clti"       Sec-  2?21-     Proof  of  citizenship,  ruder  this  chapter, 
may  consist,  in  the  case  of  an  individual,  of  his  own 


,  , 

c.  l?ra?"I'  rf'v!  affidavit  thereof;  in  the  case  of  an  association  of  per- 
il, p.  04.  sons  unincorporated,  of  the  affidavit  of  their  authorized 

agent,  made  on  his  own  knowledge  or  upon  informa- 
tion and  belief;  and  in  the  case  of  a  corporation  or- 
ganized under  the  laws  of  the  United  States,  or  of  any 
State  or  Territory  thereof,  by  the  filing  of  a  certified 
copy  of  their  charter  or  certificate  of  incorporation. 
rights  of1  posts'  Sec-  2322-  The  locators  of  all  mining  locations 
Bion  and  enjoy-  heretofore  made  or  which  shall  hereafter  be  made,  on 
!°ent'  ___  any  mineral  vein,  lode,  or  ledge,  situated  on  the  public 
c  ^o-^s'  38"v'  domain,  their  heirs  and  assigns,  where  no  adverse  claim 
17,  pf'oi.'  '  exists  on  the  tenth  day  of  May,  eighteen  hundred  and 
seventy-two,  so  long  as  they  comply  with  the  laws  of 
the  United  States,  and  with  State,  Territorial,  and 
local  regulations  not  in  conflict  with  the  laws  of  the 
United  States  governing  their  possessory  title,  shall 
have  the  exclusive  right  of  possession  and  enjoyment 
of  all  the  surface  included  within  the  lines  of  their 
locations,  and  of  all  veins,  lodes,  and  ledges  through- 
out their  entire  depth,  the  top  or  apex  of  which  lies 
inside  of  such  surface  lines  extended  downward  ver- 
tically, although  such  veins,  lodes,  or  ledges  may  so 
far  depart  from  a  perpendicular  in  their  course  down- 
ward as  to  extend  outside  the  vertical  side  lines  of 
such  surface  locations.  But  their  right  of  possession 
to  such  outside  parts  of  such  veins  or  ledges  shall  be 
confined  to  such  portions  thereof  as  lie  between  ver- 
tical planes  drawrn  downward  as  above  described, 
through  the  end  lines  of  their  locations,  so  continued 
in  their  own  direction  that  such  planes  will  intersect 
such  exterior  parts  of  such  veins  or  ledges.  And 
nothing  in  this  section  shall  authorize  the  locator  or 
possessor  of  a  vein  or  lode  which  extends  in  its  down- 
ward course  beyond  the  vertical  lines  of  his  claim  to 
enter  upon  the  surface  of  a  claim  owned  or  possessed 
by  another. 
owners  of  geCi  2323.  Where  a  tunnel  is  run  for  the  develop- 

tunnels,       rights  .  ,     ..  „          ,         ,.  »       • 

of.  ment  of  a  vein  or  lode,  or  for  the  discovery  or  mines, 


10  May,  1872,  the  owners  of  such  tunnel  shall  have  the  right  of  pos- 
vr  n52r»2S'  4>   v'  session  of  all  veins  or  lodes  within  three  thousand  feet 
from  the  face  of  such  tunnel  on  the  line  thereof,  not 
previously  known  to  exist,  discovered  in  such  tunnel, 


377 

to  the  same  extent  as  if  discovered  from  the  surface; 
and  locations  on  the  line  of  such  tunnel  of  veins  or 
lodes  not  appearing  on  the  surface,  made  by  other 
parties  after  the  commencement  of  the  tunnel,  and 
while  the  same  is  being  prosecuted  with  reasonable 
diligence,  shall  be  invalid,  but  failure  to  prosecute  the 
work  on  the  tunnel  for  six  months  shall  be  considered 
as  an  abandonment  of  the  right  to  all  undiscovered 
veins  on  the  line  of  such  tunnel. 

Sec.  2324.  The  miners  of  each  mining  district  may  madecgby' "miners' 
make  regulations  not  in  conflict  with  the  laws  of  the  — 
United  States,  or  with  the  laws  of  the  State  or  Terri-  0.  1f8aT*S:  r,87?! 
tory  in  which  the  district  is  situated,  governing  the  17-  >'•  !l->- 
location,  manner  of  recording,  amount  of  work  nec- 
essary to  hold  possession  of  a  mining  claim,  subject  to 
the  following  requirements:  The  location  must  be 
distinctly  marked  on  the  ground  so  that  its  boundaries 
can  be  readily  traced.  All  records  of  mining  claims 
hereafter  made  shall  contain  the  name  or  names  of 
the  locators,  the  date  of  the  location,  and  such  a  de- 
scription of  the  claim  or  claims  located  by  reference 
to  some  natural  object  or  permanent  monument  as  will 
identify  the  claim.  On  each  claim  located  after  the 
tenth  day  of  May,  eighteen  hundred  and  seventy-two, 
and  until  a  patent  has  been  issued  therefor,  not  less 
than  one  hundred  dollars'  worth  of  labor  shall  be 
performed  or  improvements  made  during  each  year. 
On  all  claims  located  prior  to  the  tenth  day  of  May, 
eighteen  hundred  and  seventy-two,  ten  dollars'  worth 
of  labor  shall  be  performed  or  improvements  made  by 
the  tenth  day  of  June,  eighteen  hundred  and  seventy- 
four,  and  each  year  thereafter,  for  each  one  hundred 
feet  in  length  along  the  vein  until  a  patent  has  been 
issued  therefor ;  but  where  such  claims  are  held  in 
common,  such  expenditure  may  be  made  upon  any  one 
claim ;  and  upon  a  failure  to  comply  with  these  con- 
ditions the  claim  or  mine  upon  which  such  failure  oc- 
curred shall  be  open  to  relocation  in  the  same  man- 
ner as  if  no  location  of  the  same  had  ever  been  made, 
provided  that  the  original  locators,  their  heirs,  as- 
signs, or  legal  representatives,  have  not  resumed  work 
upon  the  claim  after  failure  and  before  such  location. 
Upon  the  failure  of  any  one  of  several  co-owners  to 
contribute  his  proportion  of  the  expenditures  required 
hereby,  the  co-owners  who  have  performed  the  labor 
or  made  the  improvements  may,  at  the  expiration  of 
the  year,  give  such  delinquent  co-owner  personal  no- 
tice in  writing  or  notice  by  publication  in  the  news- 
paper published  nearest  the  claim  for  at  least  once  a 
week  for  ninety  days,  and  if  at  the  expiration  of 
ninety  days  after  such  notice  in  writing  or  by  publi- 
cation such  delinquent  should  fail  or  refuse  to  con- 
tribute his  proportion  of  the  expenditure  required  by 


378 

this  section  his  interest  in  the  claim  shall  become  the 
property  of  his  co-owners  who  have  made  the  required 
expenditures, 
rntonts  for        gee    2325.     A  patent  for  any  land  claimed  and  lo- 

mineral        lands,  «•  .  . 

h<>\v  obtained.      cated  for  valuable  deposits  may  be  obtained  in  the 
io~MnyT~i872i  following  manner :     Any  person,  association,  or  cor- 

17  1f2»-^'  C>>  v'  Porati°n  authorized  to  locate  a  claim  under  this  chap- 
ter, having  claimed  and  located  a  piece  of  land  for  such 
purposes,  who  has,  or  have,  complied  with  the  terms 
of  this  chapter,  may  file  in  the  proper  land  office  an 
application  for  a  patent,  under  oath,  showing  such 
compliance,  together  with  a  plat  and  field  notes  of  the 
claim  or  claims  in  common,  made  by  or  under  the 
direction  of  the  United  States  surveyor-general,  show- 
ing accurately  the  boundaries  of  the  claim  or  claims, 
which  shall  be  distinctly  marked  by  monuments  on 
the  ground,  and  shall  post  a  copy  of  such  plat,  together 
with  a  notice  of  such  application  for  a  patent,  in  a  con- 
spicuous place  on  the  land  embraced  in  such  plat  pre- 
vious to  the  filing  of  the  application  for  a  patent,  and 
shall  file  an  affidavit  of  at  least  two  persons  that  such 
notice  has  been  duly  posted,  and  shall  file  a  copy  of 
the  notice  in  such  land  office,  and  shall  thereupon  be 
entitled  to  a  patent  for  the  land,  in  the  manner  fol- 
lowing: The  Register  of  the  land  office,  upon  the 
filing  of  such  application,  plat,  field  notes,  notices,  and 
affidavits,  shall  publish  a  notice  that  such  application 
has  been  made,  for  the  period  of  sixty  days,  in  a 
newspaper  to  be  by  him  designated  as  published 
nearest  to  such  claim;  and  he  shall  also  post  such  no- 
tice in  his  office  for  the  same  period.  The  claimant 
at  the  time  of  filing  this  application,  or  at  any  time 
thereafter,  within  the  sixty  days  of  publication,  shall 
file  with  the  Register  a  certificate  of  the  United  States 
Surveyor-General  that  five  hundred  dollars'  worth  of 
labor  has  been  expended  or  improvements  made  upon 
the  claim  by  himself  or  grantors ;  that  the  plat  is  cor- 
rect, with  such  further  description  by  such  reference 
to  natural  objects  or  permanent  monuments  as  shall 
identify  the  claim,  and  furnish  an  accurate  description 
to  be  incorporated  in  the  patent.  At  the  expiration  of 
the  sixty  days  of  publication  the  claimant  shall  file  his 
affidavit,  showing  that  the  plat  and  notice  have  been 
posted  in  a  conspicuous  place  on  the  claim  during  such 
period  of  publication.  If  no  adverse  claim  shall  have 
been  filed  with  the  Register  and  the  Receiver  of  the 
proper  land  office  at  the  expiration  of  the  sixty  days 
of  publication,  it  shall  be  assumed  that  the  applicant 
is  entitled  to  a  patent,  upon  the  payment  to  the  proper 
officer  of  five  dollars  per  acre,  and  that  no  adverse 
claim  exists;  and  thereafter  no  objection  from  third 
parties  to  the  issuance  of  a  patent  shall  be  heard,  ex- 
cept it  be  shown  that  the  applicant  has  failed  to  com- 
ply with  the  terms  of  this  chapter. 


379 


Sec.  2326.     Where  an  adverse  claim  is  filed  during     Adverse  claim. 

.,  .     ,      ,,        ,  ,.        .          .       ,     „   ,  „     .  °  proceedings      on. 

the  period  of  publication,  it  shall  be  upon  oath  of  the  - 

person  or  persons  making  the  same,  and  shall  show  c  .  1i52,Ias.'  7^'v! 

the  nature,  boundaries,   and   extent  of  such   adverse  17>  P-  o:!- 

claim,  and  all  proceedings,  except  the  publication  of 

notice  and  making  and  filing  of  the  affidavit  thereof, 

shall  be  stayed  until  the  controversy  shall  have  been 

settled  or  decided  by  a  court  of  competent  jurisdic- 

tion, or  the  adverse   claim  waived.     It   shall  be  the 

duty  of  the  adverse  claimant,  within  thirty  days  after 

filing  his  claim,  to  commence  proceedings  in  a  court 

of  competent  jurisdiction,  to  determine  the  question 

of  the  right  of  possession,  and  prosecute  the  same  with 

reasonable  diligence  to  final  judgment;  and  a  failure 

so  to  do  shall  be  a  waiver  of  his  adverse  claim.     After 

such  judgment  shall  have  been  rendered,  the  party 

entitled  to  the  possession  of  the  claim,  or  any  portion 

thereof,  may,  without  giving  further  notice,  file  a  cer- 

tified copy  of  the  judgment-roll  with  the  Register  of 

the  land  office,  together  with   the   certificate  of  the 

surveyor-general  that  the  requisite  amount  of  labor 

has  been  expended   or  improvements  made  thereon, 

and  the  description  required  in  other  cases,  and  shall 

pay  to  the  Receiver  five  dollars  per  acre  for  his  claim, 

together  with  the  proper  fees,  whereupon  the  whole 

proceedings  and  the  judgment-roll  shall  be  certified 

by  the  Register  to  the  Commissioner  of  the  General 

Land  Office,  and  a  patent  shall  issue  thereon  for  the 

claim,  or  such  portion  thereof  as  the  applicant  shall 

appear,  from  the  decision  of  the  court,  to  rightly  pos- 

sess.    If  it  appears  from  the   decision  of  the   court 

that    several    parties    are    entitled    to    separate    and 

different  portions  of  the  claim,  each  party  may  pay 

for  his  portion  of  the  claim  with  the  proper  fees,  and 

file  the  certificate  and  description  by  the  Surveyor- 

General,  whereupon  the  Register  shall  certify  the  pro- 

ceedings  and   judgment-roll  to  the   Commissioner   of 

the  General  Land  Office,  as  in  the  preceding  case,  and 

patents  shall  issue  to  the   several   parties  according 

to  their  respective  rights.     Nothing  herein  contained 

shall  be  construed  to  prevent  the  alienation  of  a  title 

conveyed  by  a  patent  for  a  mining  claim  to  any  person 

whatever. 


Sec.  2327.  The  description  of  vein  or  lode  claims  m^"1^*!,0,?  {|J 
upon  surveyed  lands  shall  designate  the  location  of  lode  n<fiaims.n 
the  claims  with  reference  to  the  lines  of  the  public  10  May,  1872, 
survey,  but  need  not  conform  therewith  ;  but  where  c.  152,  s.  8,  v. 
patents  have  been  or  shall  be  issued  for  claims  upon  Amended  Apr. 
unsurveyed  lands,  the  surveyors-general,  in  extending  ff^  ^g4)  (33 


the  public  survey,  shall  adjust  the  same  to  the  boun-     Patents  to 

i      •  a         •  i  ,     T       T  i    .  .  conform    to    offi- 

daries   ot  said  patented   claims  so   as   in  no   case   to  ciai   monuments. 
interfere   with   or   change   the   true   location  of  such  P0vernumdescrip° 
claims    as    they    are    officially    established    upon    the  tions, 
ground.    Where    patents    have    issued    for    mineral 


380 

lands,  those  lands  only  shall  be  segregated  and  shall 
be  deemed  to  be  patented  which  are  bounded  by  the 
lines  actually  marked,  denned,  and  established  upon 
the  ground  by  the  monuments  of  the  official  survey 
upon  which  the  patent  grant  is  based,  and  surveyors- 
general  in  executing  subsequent  patent  surveys, 
whether  upon  surveyed  or  unsurveyed  lands,  shall  be 
governed  accordingly.  The  said  monuments  shall  at 
all  times  constitute  the  highest  authority  as  to  what 
land  is  patented,  and  in  case  of  any  conflict  between 
the  said  monuments  of  such  patented  claims  and  the 
descriptions  of  said  claims  in  the  patents  issued  there- 
for the  monuments  on  the  ground  shall  govern,  and 
erroneous  or  inconsistent  descriptions  or  calls  in  the 
patent  descriptions  shall  give  way  thereto. 

Sec-    2328-     Applications   for   patents    for   mining 
rights.  '  claims  under  former  laws  now  pending  may  be  prose- 

~~To~May,  18-2,  cuted  to  a  final  decision  in  the  General  Land  Office  ; 
IT  K?294^  9'  v'  ^ut  *n  sucn  cases  where  adverse  rights  are  not  affected 
thereby,  patents  may  issue  in  pursuance  of  the  pro- 
visions of  this   chapter;   and   all  patents  for  mining 
claims   upon   veins   or   lodes    heretofore   issued    shall 
convey  all  the  rights  and  privileges  conferred  by  this 
chapter  where  no  adverse  rights  existed  on  the  tenth 
day  of  May,  eighteen  hundred  and  seventy-two. 
PiaCc°e?f0crffi  tJ       S.ec-    2329-     Claims   usually   called   "placers,"   in- 
surveys,  limit  of.  eluding  all  forms  of  deposit,  excepting  veins  of  quartz, 
o  July,   iFfoi  or  other  rock  in  place,  shall  be  subject  to  entry  and 
ic2p5'2i712'  v"  Patent,  under  like  circumstances  and  conditions,  and 
upon  similar  proceedings,  as  are  provided  for  vein  or 
lode  claims  ;  but  where  the  lands  have  been  previously 
surveyed  by  the  United  States,  the  entry  in  its  ex- 
terior limits  shall  conform  to  the  legal  subdivisions 
of  the  public  lands. 

tonS-aCTeivlsuancSts*       ^ec.  233°-     Legal  subdivisions  of  forty  acres  may 

maximum    of  be  subdivided  into  ten-acre  tracts  ;  and  two  or  more 

_^!l  persons,  or  associations  of  persons,  having  contiguous 

r  9i>3;!uls'  i287y'  claims  °f  any  size,  although  such  claims  may  be  less 

is,  p.  '217.    '      than  ten  acres  each,  may  make  joint  entry  thereof; 

but  no  location  of  a  placer  claim,  made  after  the  ninth 

day  of  July,  eighteen  hundred  and  seventy,  shall  ex- 

ceed one  hundred  and  sixty  acres  for  any  one  person 

or  association  of  persons,  which  location  shall  conform 

to  the  United  States  surveys;  and  nothing  in  this  sec- 

tion contained  shall  defeat  or  impair  any  bona  fide 

preemption    or    homestead    claim    upon    agricultural 

lands,  or  authorize  the  sale  of  the  improvements  of 

any  bona  fide  settler  to  any  purchaser. 

conformity  of        gec  2331.     Where  placer  claims  are  upon  surveyed 

placer    claims    to  IIIT--  <?.i 

surveys,    iimita-  lands,  and  conform  to  legal  subdivisions,  no  further 
claims.     siirvey  or  pja|  ^^1  be  required,  and  all  placer-mining 


11°-J.,Mn/"  IQ^'V'  claims  located  after  the  tentli  of  May,  eighteen  hundred 

17,  p.~94.'          '  and  seventy-two,  shall  conform  as  near  as  practicable 

with  the  United  States  system  of  public-land  surveys, 


381 

and  the  rectangular  subdivisions  of  such  surveys,  and 
no  such  location  shall  include  more  than  twenty  acres 
for  each  individual  claimant;  but  where  placer  claims 
can  not  be  conformed  to  legal  subdivisions,  survey  and 
plat  shall  be  made  as  on  unsurveyed  lands;  and  where 
by  the  segregation  of  mineral  lands  in  any  legal  sub- 
division a  quantity  of  agricultural  land  less  than  forty 
acres  remains,  such  fractional  portion  of  agricultural 
land  may  be  entered  by  any  party  qualified  by  law, 
for  homestead  preemption  purposes. 

Sec.  2332.     Where  such  person  or  association,  they  _  fwha* 

_        .  _•*•  f-ii*  i      •       *  , 

and  their  grantors,  have  held  and  worked  their  claims  etc..  to  establish 
for  a  period  equal  to  the  time  prescribed  by  the  statute  ent!gh 
of  limitations  for  mining  claims  of  the  State  or  Terri-  — 9  July — ^jj- 
tory  where  the  same  may  be  situated,  evidence  of  such  c.  235,  s.'  is,  v! 
possession  and  working  of  the  claims  for  such  period  16f  p'  21T" 
shall   be   sufficient   to   establish   a  right  to   a  patent 
thereto  under  this  chapter,  in  the  absence  of  any  ad- 
verse  claim;    but   nothing   in   this    chapter   shall   be' 
deemed  to  impair  any  lien  which  may  have  attached 
in  any  way  whatever  to  any  mining  claim  or  property 
thereto  attached  prior  to  the  issuance  of  a  patent. 

Sec.  2333.  Where  the  same  person,  association,  i»«0rP*SteJt  *& 
corporation  is  in  possession  of  a  placer  claim,  and  also  placer  claim,  etc. 
a  vein  or  lode  included  within  the  boundaries  thereof,  10  May,  1872, 
application  shall  be  made  for  a  patent  for  the  placer  £7 1p2'948-  n>  v> 
claim,  with  the  statement  that  it  includes  such  vein 
or  lode,  and  in  such  case  a  patent  shall  issue  for  the 
placer  claim,  subject  to  the  provisions  of  this  chapter, 
including  such  vein  or  lode,  upon  the  payment  of  five 
dollars  per  acre  for  such  vein  or  lode  claim  and  twenty- 
five  feet  of  surface  on  each  side  thereof.  The  re- 
mainder of  the  placer  claim  or  any  placer  claim  not 
embracing  any  vein  or  lode  claim  shall  be  paid  for  at 
the  rate  of  two  dollars  and  fifty  cents  per  acre,  to- 
gether with  all  costs  of  proceedings;  and  where  a  vein 
or  lode,  such  as  is  described  in  section  twenty-three 
hundred  and  twenty,  is  known  to  exist  within  the 
boundaries  of  a  placer  claim,  an  application  for  a 
patent  for  such  placer  claim  which  does  not  include 
an  application  for  the  vein  or  lode  claim  shall  be  con- 
strued as  a  conclusive  declaration  that  the  claimant 
of  the  placer  claim  has  no  right  of  possession  of  the 
vein  or  lode  claim ;  but  where  the  existence  of  a  vein 
or  lode  in  a  placer  claim  is  not  known,  a  patent  for 
the  placer  claim  shall  convey  all  valuable  mineral  and 
other  deposits  within  the  boundaries  thereof. 

Sec.    2334.     The    surveyor-general    of   the    United  eraSiurtoyoarPpo?nt 
States  may  appoint  in  each  land  district  containing  surveyors    of 

•iii  v    11  mining       claims, 

mineral  lands  as  many  competent  surveyors  as  shall  etc. 
apply  for  appointment  to  survey  mining  claims.    The     10  Mayi  1872> 
expenses  of  the  survey  of  vein  or  lode  claims,  and  the  <*._  i»2.  s.'i2,  v! 
survey  and  subdivision  of  placer  claims  into  smaller1''  p>    °' 
quantities  than  one  hundred  and  sixty  acres,  together 


382 

with  the  cost  of  publication  of  notices,  shall  be  paid 
by  the  applicants,  and  they  shall  be  at  liberty  to  ob- 
tain the  same  at  the  most  reasonable  rates,  and  they 
shall  also  be  at  liberty  to  employ  any  United  States 
deputy  surveyor  to  make  the  survey.  The  Commis- 
sioner of  the  General  Land  Office  shall  also  have  power 
to  establish  the  maximum  charges  for  surveys  and  pub- 
lication of  notices  under  this  chapter;  and,  in  case  of 
excessive  charges  for  publication,  he  may  designate 
any  newspaper  published  in  a  land  district  where 
mines  are  situated  for  the  publication  of  mining  no- 
tices in  such  district,  and  fix  the  rates  to  be  charged 
by  such  paper;  and,  to  the  end  that  the  Commissioner 
may  be  fully  informed  on  the  subject,  each  applicant 
shall  file  with  the  Register  a  sworn  statement  of  all 
charges  and  fees  paid  by  such  applicant  for  publica- 
tion and  surveys,  together  with  all  fees  and  money  paid 
the  Register  and  the  Receiver  of  the  land  office,  which 
statement  shall  be  transmitted,  with  the  other  papers 
in  the  case,  to  the  Commissioner  of  the  General  Land 
Office. 

°f       Sec-  2335-    Ml  affidavits  required  to  be  made  under 
this  chapter  may  be  verified  before  any  officer  author- 


c.  Vy^f*  i3?7v!  ized  to  administer  oaths  within  the  land  district  where 
17,  p.  95.  the   claims  may  be   situated,   and  all  testimony  and 

proofs  may  be  taken  before  any  such  officer,  and,  when 
duly  certified  by  the  officer  taking  the  same,  shall  have 
the  same  force  and  effect  as  if  taken  before  the  Reg- 
ister and  Receiver  of  the  land  office.  In  cases  of  con- 
test as  to  the  mineral  or  agricultural  character  of  land, 
the  testimony  and  proofs  may  be  taken  as  herein  pro- 
vided on  personal  notice  of  at  least  ten  days  to  the 
opposing  party;  or  if  such  party  can  not  be  found, 
then  by  publication  of  at  least  once  a  week  for  thirty 
days  in  a  newspaper,  to  be  designated  by  the  Register 
of  the  land  office  as  published  nearest  to  the  location 
of  such  land  ;  and  the  Register  shall  require  proof  that 
such  notice  has  been  given. 

intersect  etV  °  *       ^ec.  2336.    Where  two  or  more  veins  intersect  or 

——  cross  each  other,  priority  of  title  shall  govern,  and 

c.  ^2^'  14?  'v!  such  prior  location  shall  be  entitled  to  all  ore  or  min- 

17.  p.  96.  eraj  contained  within  the  space  of  intersection  ;  but 

the  subsequent  location  shall  have  the  right  of  way 

through  the  space  of  intersection  for  the  purposes  of 

the  convenient  working  of  the  mine.     And  where  two 

or  more  veins  unite,  the  oldest  or  prior  location  shall 

take  the  vein  below  the  point  of  union,  including  all 

the  space  of  intersection. 

Patents  for       gec   2337.    "Where  nonmineral  land  not  contiguous 

nonmlneral  .  .         .  c 

lands,  etc.  to  the  vein  or  lode  is  used  or  occupied  by  the  pro- 

10  May,  i872,prietor  of  such  vein  or  lode  for  mining  or  milling  pur- 

17  152>96'  15'  v'  PosesJ  such  nonadjacent  surface  ground  may  be  em- 

braced and  included  in  an  application  for  a  patent  for 


383 

such  vein  or  lode,  and  the  same  may  be  patented  there- 
with, subject  to  the  same  preliminary  requirements  as 
to  survey  and  notice  as  are  applicable  to  veins  or  lodes  ; 
but  no  location  hereafter  made  of  such  nonadjacent 
land  shall  exceed  five  acres,  and  payment  for  the  same 
must  be  made  at  the  same  rate  as  fixed  by  this  chapter 
for  the  superficies  of  the  lode.  The  owner  of  a  quartz 
mill  or  reduction  works,  not  owning  a  mine  in  connec- 
tion therewith,  may  also  receive  a  patent  for  his  mill 
site,  as  provided  in  this  section. 

Sec.  2338.  As  a  condition  of  sale,  in  the  absence  tl^sh0f  saie°may 
of  necessary  legislation  by  Congress,  the  local  legisla-  be  made  by  local 
ture  of  any  State  or  Territory  may  provide  rules  for  ire' 


working   mines,    involving    easements,    drainage,    and  c  2|6ou1^' 
other  necessary  means  to  their  complete  development  ;  14,  p.~252. 
and  those  conditions  shall  be  fully  expressed  in  the 
patent. 

Sec.  2339.  Whenever,  by  priority  of  possession,  toVu|ee(of  water 
rights  to  the  use  of  water  for  mining,  agricultural,  for  mining,  etc.  ; 
manufacturing,  or  other  purposes,  have  vested  and  canais0*  way  for 
accrued,  and  the  same  are  recognized  and  acknowl- 


} 

edged  by  the  local  customs,  laws,  and  the  decisions  of  c.  262.u_s.'  9, 
courts,  the  possessors  and  owners  of  such  vested  rights  14>  p<  2o3' 
shall  be  maintained  and  protected  in  the  same;  and 
the  right  of  way  for  the  construction  of  ditches  and 
canals  for  the  purposes  herein  specified  is  acknowl- 
edged and  confirmed  ;  but  whenever  any  person,  in  the 
construction  of  any  ditch  or  canal,  injures  or  damages 
the  possession  of  any  settler  on  the  public  domain,  the 
party  committing  such  injury  or  damage  shall  be  liable 
to  the  party  injured  for  such  injury  or  damage. 

Sec.  2340.     All  patents  granted,  or  preemption  or  em^*onsf'   aPn"ed 
homesteads  allowed,  shall  be  subject  to  any  vested  and  homesteads   sub- 

•    vA  •    -U...  j-4.  Ject     to     vested 

accrued  water  rights,  or  rights  to  ditches  and  reser-  and    accrued 
voirs  used  in  connection  with  such  water  rights,  as  water 


may  have  been  acquired  under  or  recognized  by  the     9  July, 

j.  ,.  c.   235,   s.   17,   v. 

preceding  section.  16,  p.  218. 

Sec.  2341.     Wherever,  upon  the  lands  heretofore     Mineral   lands 
designated  as  mineral  lands,  which  have  been  excluded  v°  luabie  °  mines 
from   survey   and   sale,   there   have   been   homesteads  £Jj£    tdsc°homee? 
made  by  citizens  of  the  United  States,  or  persons  who  steads. 
have  declared  their  intention  to  become  citizens,  which     26  July,  1866, 
homesteads  have  been  made,  improved,  and  used  for  £-4  2p2o53  10'  v' 
agricultural  purposes,  and  upon  which  there  have  been 
no  valuable  mines  of  gold,  silver,  cinnabar,  or  copper 
discovered,  and  which  are  properly  agricultural  lands, 
the  settlers  or  owners  of  such  homesteads  shall  have 
a  right  of  preemption  thereto,  and  shall  be  entitled  to 
purchase   the   same   at   the   price    of   one   dollar   and 
twenty-five  cents  per  acre,  and  in  quantity  not  to  ex- 
ceed one  hundred  and  sixty  acres;  or  they  may  avail 
themselves  of  the  provisions  of  chapter  five  of  this 
Title,  relating  to  "Homesteads." 


384 

lrt  da*       Sec-  2342-     LTPon  *he  survey  of  the  lands  described 
agricultural  in  the  preceding  section,  the  Secretary  of  the  Interior 
iands'  __  may  designate  and  set  apart  such  portions  of  the  same 
c  2266'>Jusy*  ii86v'  as  are   elearbr   agricultural   lands,   which   lands   shall 
i4,"p.~253.         '  thereafter  be  subject  to  preemption  and  sale  as  other 
public  lands,  and  be  subject  to  all  the  laws  and  regu- 
lations applicable  to  the  same. 

«rtJ£S°££d1ofl2       Sec-  .2343-     The  President  is  authorized  to  estab- 

cers,    power    oflish  additional  land  districts,  and  to  appoint  the  neces- 

provide?8  °       tO  sary   officers  under  existing  laws,   wherever  he   may 

26  July   1866,  ^eem  *^e  same  necessary  for  the  public  convenience 

c.  262,  _|.'  7,  v.'in  executing  the  provisions  of  this  chapter. 

1  Provisions   of       Sec.  2344.     Nothing  contained  in  this  chapter  shall 

toisaffectptcerrtain  ^e  construed  to  impair,  in  any  way,  rights  or  interests 

rights.  ^in  mining  property  acquired  under  existing  laws;  nor 

10  May,  1872,  to  affect  the  provisions  of  the  Act  entitled  "An  Act 

17  1p296S'  16>  v'  granting  to  A.  Sutro  the  right  of  way  and  other  privi- 

b  July,   1870,  leges  to   aid  in  the   construction   of  a   draining   and 

i'6,2p?'2i8.17'  v'  exploring  tunnel  to  the  Comstock  lode,  in  the  State  of 

Nevada,"  approved  July  twenty-five,  eighteen  hundred 

and  sixty-six. 

in^ertafn  state!       ^ec.  2345-     Tne  provisions  of  the  preceding  sections 

excepted.    '         of  this  chapter  shall  not  apply  to  the  mineral  lands 

is  Feb.,  1873^  situated  in  the   States   of  Michigan,   Wisconsin,   and 

465159'  v'  17'  p>  Minnesota,  which  are  declared  free  and  open  to  ex- 

ploration and  purchase,  according  to  legal  subdivisions, 

in   like    manner    as    before    the    tenth    day    of    May, 

eighteen  hundred  and  seventy-two.    And  any  bona  fide 

entries  of  such  lands  within  the  States  named  since  the 

tenth  day  of  May,  eighteen  hundred  and  seventy-two, 

may  be  patented  without  reference  to  any  of  the  fore- 

going provisions  of  this  chapter.     Such  lands  shall  be 

offered  for  public   sale  in  the  same   manner,   at  the 

same  minimum  price,  and  under  the  same  rights  of 

preemption  as  other  public  lands. 

Grant  of  lands       gec  2346.     No  act  passed  at  the  first  session  of  the 

to  States  or  cor-         .,.,.,/-.  ,.          IT 

norations  not  to  Thirty-eighth  Congress,  granting  lands  to  States  or 
iandsde  min  al  corporations  to  aid  in  the  construction  of  roads  or  for 
3Q  Jan  —  g-  other  purposes,  or  to  extend  the  time  of  grants  made 
" 


a 

Res.  NO.  ";p,  v.'  prior  to  the  thirtieth  day  of  January,  eighteen  hun- 
dred and  sixty-five,  shall  be  so  construed  as  to  em- 
brace mineral  lands,  which  in  all  cases  are  reserved 
exclusively  to  the  United  States,  unless  otherwise 
specially  provided  in  the  Act  or  Acts  making  the  grant. 


385 

ACTS  OF   CONGRESS  PASSED   SUBSEQUENT   TO   THE 
REVISED  STATUTES. 

An  Act  to  amend  the  Act  entitled  "An  Act  to  promote  the 
development  of  the  mining  resources  of  the  United  States," 
passed  May  tenth,  eighteen  hundred  and  seventy-two. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 

,  .  />  ,t       TT    .,     ,  0,  »    .  ~  prior  to  May  10. 

sentatives  01  the  United  States  of  America  in  Congress  1872,    first    un- 
assembled, That  the  provisions  of  the  fifth  section  of  e^endeTt^jan! 
the  Act  entitled  "An  Act  to  promote  the  development  1»  1875- 
of  the  mining  resources  of  the  United  States,"  passed     Act    of    c<m- 


May  tenth,  eighteen  hundred  and  seventy-two,  which  f  uenses  6t 
requires  expenditures  of  labor  and  improvements  on  st»t.  L.,  t>i>. 
claims  located  prior  to  the  passage  of  said  Act,  are 
hereby  so  amended  that  the  time  for  the  first  annual 
expenditure  on  claims  located  prior  to  the  passage  of 
said  Act  shall  be  extended  to  the  first  day  of  January, 
eighteen  hundred  and  seventy-five. 

An  Act  to  amend  section  two  thousand  three  hundred  and 
twenty-four  of  the  Revised  Statutes,  relating  to  the  develop- 
ment of  the  mining  resources  of  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Repre-     *Ion<;y  expond- 

e  ^i       TT   «A    i  n±  f    t  •  ed    in    a    tunnel 

sentatives  of  the  United  States  of  America  in  Congress  considered  as  ex- 

assembled,  That  section  two  thousand  three  hundred  Poedneded 

and  twenty-four  of  the  Revised  Statutes  be,  and  the  —  —  —  —  —  -^ 

same  is  hereby,  amended  so  that  where  a  person  or  gress     approved 

company  has  or  may  run  a  tunnel  for  the  purpose  of  ffg'    ^ht. 

developing  a  lode  or  lodes,  owned  by  said  person  or  315). 

company,  the  money  so  expended  in  said  tunnel  shall 

be  taken  and  considered  as  expended  on  said  lode  or 

lodes,  whether  located  prior  to  or  since  the  passage  of 

said  Act;  and  such  person  or  company  shall  not  be 

required  to  perform  work  on  the  surface  of  said  lode 

or  lodes  in  order  to  hold  the  same  as  required  by  said 

Act. 

An  Act  to  exclude  the  States  of  Missouri  and  Kansas  from  the 
provisions  of  the  Act  of  Congress  entitled  "An  Act  to 
promote  the  development  of  the  mining  resources  of  the 
United  States,"  approved  May  tenth,  eighteen  hundred  and 
seventy-two. 

Be  it  enacted  from  the  Senate  and  House  of  Repre- 
sentatives  of  the  United  States  of  America  in  Congress  from  the  opera- 
assembled,   That   within   the   States   of  Missouri   and  era"  i°fwsbe 
Kansas  deposits  of  coal,  iron,  lead,  or  other  mineral  be,  —  ~  —  —  —  ^^ 
and  they  are  hereby,  excluded  from  the  operation  of  SI-PS*     approved 
the  Act  entitled  "An  Act  to  promote  the  development  ItatA.,1  Sj.'1! 
of  the  mining  resources  of  the  United  States,"  ap- 
proved May  tenth,  eighteen  hundred  and  seventy-two, 
and  all  lands  in  said  States  shall  be  subject  to  disposal 
as  agricultural  lands. 

An  Act  authorizing  the  citizens  of  Colorado,  Nevada,  and  the 
Territories  to  fell  and  remove  timber  on  the  public  domain 
for  mining  and  domestic  purposes. 


386 

rado!nSNevCada,"  Be  ii;  enacted  by  the  Senate  and  House  of  Repre- 
and  the  Terri-  sentatives  of  the  United  States  of  America  in  Congress 
torifseiiauandrizreed-  assembled,  That  all  citizens  of  the  United  States  and 
IT  pSfflc*  d°o°  otner  persons,  bona  fide  residents  of  the  State  of  Colo- 
main  for  mining  rado,  or  Nevada,  or  either  of  the  Territories  of  New 
purposes"6  'Mexico,  Arizona,  Utah,  Wyoming,  Dakota,  Idaho,  or 
—  ~  —  ^  —  ^7  Montana,  and  all  other  mineral  districts  of  the  United 
gress  approved  States,  shall  be,  and  are  hereby,  authorized  and  per- 
stat  L^lsl.^niitted  to  fell  and  remove,  for  building,  agricultural, 


mining,  or  other  domestic  purposes,  any  timber  or 
other  trees  growing  or  being  on  the  public  lands,  said 
lands  being  mineral,  and  not  subject  to  entry  under 
existing  laws  of  the  United  States,  except  for  mineral 
entry,  in  either  of  said  States,  Territories,  or  districts 
of  which  such  citizens  or  persons  may  be  at  the  time 
bona  fide  residents,  subject  to  such  rules  and  regula- 
tions as  the  Secretary  of  the  Interior  may  prescribe 
for  the  protection  of  the  timber  and  of  the  under- 
growth growing  upon  such  lands,  and  for  other  pur- 
poses: Provided,  The  provisions  of  this  Act  shall  not 
extend  to  railroad  corporations. 

Sec.  2.  That  it  shall  be  the  duty  of  the  Register 
and  the  Receiver  of  any  local  land  office  in  whose  dis- 
trict any  mineral  land  may  be  situated  to  ascertain 
from  time  to  time  whether  any  timber  is  being  cut  or 
used  upon  any  such  lands,  except  for  the  purposes 
authorized  by  this  Act,  within  their  respective  land 
districts;  and,  if  so,  they  shall  immediately  notify  the 
Commissioner  of  the  General  Land  Office  of  that  fact; 
and  all  necessary  expenses  incurred  in  making  such 
proper  examinations  shall  be  paid  and  allowed  such 
Register  and  Receiver  in  making  up  their  next  quar- 
terly accounts. 

Sec.  3.  Any  person  or  persons  who  shall  violate 
the  provisions  of  this  Act,  or  any  rules  and  regulations 
in  pursuance  thereof  made  by  the  Secretary  of  the 
Interior,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction,  shall  be  fined  in  any  sum  not 
exceeding  five  hundred  dollars,  and  to  which  may  be 
added  imprisonment  for  any  term  not  exceeding  six 
months. 
An  Act  to  amend  sections  twenty-three  hundred  and  twenty-four 

and  twenty-three  hundred  and  twenty-five  of  the  Revised 

Statutes  of  the  United  States  concerning  mineral  lands. 

atePnPtliCma°n  fbe  Be  ^  enacted  by  the  Senate  and  House  of  Repre- 
made  by  author-  sentatives  of  the  United  States  of  America  in  Congress 
assembled,  That  section  twenty-three  hundred  and 
twenty-five  of  the  Revised  Statutes  of  the  United 
States  be  amended  by  adding  thereto  the  following 
words:  "Provided,  That  where  the  claimant  for  a 
patent  is  not  a  resident  of  or  within  the  land  district 
wherein  the  vein,  lode,  ledge,  or  deposit  sought  to  be 
patented  is  located,  the  application  for  patent  and  the 
affidavits  required  to  be  made  in  this  section  by  the 
claimant  for  such  patent  may  be  made  by  his,  her,  or 


387 

its  authorized  agent,  where  said  agent  is  conversant 
with  the  facts  sought  to  be  established  by  said  affi- 
davits: And  provided,  That  this  section  shall  apply 
to  all  applications  now  pending  for  patents  to  mineral 
lands." 

Sec.  2.  That  section  twenty-three  hundred  and  Cia7msunpatr  "oil 
twenty-four  of  the  Revised  Statutes  of  the  United  commences r  on 
States  be  amended  by  adding  the  following  words :  fng 'date  ofloca- 

"  Provided,  That  the  period  within  which  the  work  tion- 

required  to  be  done  annually  on  all  unpatented  min-     Act    of    con- 
eral  claims  shall  commence  on  the  first  day  of  Jan-  j£nSS22,  ilsoTIi 
uary  succeeding  the  date  of  location  of  such  claim,  and  sta*-  L->  61)- 
this  section  shall  apply  to  all  claims  located  since  the 
tenth  day  of  May,  anno  Domini  eighteen  hundred  and 
seventy-two. ' ' 

An  Act  to  amend  section  twenty-three  hundred  and  twenty-six 
of  the  Revised  Statutes  relating  to  suits  at  law  affecting 
the  title  to  mining  claims. 

Be  it  enacted  by  the  Senate  and  House  of  Repre-  brou!ht 'title1  not 
sentatives  of  the  United  States  of  America  in  Congress  established     i  n 
assembled,  That  if,  in  any  action  brought  pursuant  to  eitber  party' 
section  twenty-three  hundred  and  twenty-six  of  the    £g*    approved 
Revised  Statutes,  title  to  the  ground  in  controversy  Mar.  3,  issi  (21 
shall  not  be  established  by  either  party,  the  jury  shall  stat>  L"  5< 
so  find,  and  judgment  shall  be  entered  according  to 
the  verdict.     In  such  case  costs  shall  not  be  allowed 
to  either  party,  and  the  claimant  shall  not  proceed  in 
the  land  office  or  be  entitled  to  a  patent  for  the  ground 
in  controversy  until  he  shall  have  perfected  his  title. 

An  Act  to  amend  section  twenty-three  hundred  and  twenty-six 
of  the  Kevised  Statutes  in  regard  to  mineral  lands,  and  for 
other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Repre-  uff 
sentatives  of  the  United  States  of  America  in  Congress  by  agent. 
assembled,  That  the  adverse  claim  required  by  section  sec.  i, 
twenty-three  hundred  and  twenty-six  of  the  Revised  £r°  °e§ r/  srf, 
Statutes  may  be  verified  by  the  oath  of  any  duly  au- 1882  (22 
thorized  agent  or  attorney  in  fact  of  the  adverse  claim-  L-'  49)> 
ant  cognizant  of  the  facts  stated;  and  the  adverse 
claimant,  if  residing  or  at  the  time  being  beyond  the 
limits  of  the  district  wherein  the  claim  is  situated,  may 
make  oath  to  the  adverse  claim  before  the  clerk  of  any 
court  of  record  of  the  United  States  or  the  State  or 
Territory  where  the  adverse  claimant  may  then  be, 
or  before  any  notary  public  of  such  State  or  Territory. 

Sec.  2.  That  applicants  for  mineral  patents,  if  re- citfz^sah^.  ^ 
siding  beyond  the  limits  of  the  district  wherein  the  fore  whom  made. 
claim  is  situated,  may  make  any  oath  or  affidavit  sec.  2,  act  of 
required  for  proof  of  citizenship  before  the  clerk  of  £r° vne§  rAepsrls,  |{£ 
any  court  of  record,  or  before  any  notary  public  of  i«82  (22  stat! 
any  State  or  Territory. 
(See  Appendix,  p.  — .) 


388 

An    Act   to    exclude    the    public    lands    in    Alabama    from    the 
operation  of  the  laws  relating  to  mineral  lands. 

cepYeadbafrom  the  Be  ^  enacted  by  the  Senate  and  House  of  Repre- 
operation  of  thesentatives  of  the  United  States  of  America  in  Congress 
mineral  laws. assembled>  That  within  the  state  of  Alabama  all  public 

Kress*  approvedlands'  whether  mineral  or  otherwise,  shall  be  subject 
Mar.  3,  1883  (22to  disposal  only  as  agricultural  lands:  Provided,  how- 
stat  L.,  487).  ever>  That  all  jailds  which  have  heretofore  been  re- 
ported to  the  General  Land  Office  as  containing  coal 
and  iron  shall  first  be  offered  at  public  sale:  And 
provided  further,  That  any  bona  fide  entry  under  the 
provisions  of  the  homestead  law  of  lands  within  said 
State  heretofore  made  may  be  patented  without  ref- 
erence to  an  Act  approved  May  tenth,  eighteen  hun- 
dred and  seventy-two,  entitled  "An  Act  to  promote 
the  development  of  the  mining  resources  of  the  United 
States,"  in  cases  where  the  persons  making  application 
for  such  patents  have  in  all  other  respects  complied 
with  the  homestead  law  relating  thereto. 

An  Act  providing  for  a  civil  government  for  Alaska. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress 

assembled, 

***** 

extended5  to*  the  ^ec.  8-  That  the  said  district  of  Alaska  is  hereby 
district  of  created  a  land  district,  and  a  United  States  land  office 

;Alaska' for  said  district  is  hereby  located  at  Sitka.    The  com- 

ress*  approved  m^ss^oner  Provided  for  by  this  Act  to  reside  at  Sitka 
May  17.  iss4  shall  be  ex  officio  register  of  said  land  office,  and  clerk 
(23  stat  L.,  24).  pj.^^^  for  Dy  this  Act  shall  be  ex  officio  receiver  of 
public  moneys,  and  the  marshal  provided  for  by  this 
Act  shall  be  ex  officio  surveyor-general  of  said  district 
and  the  laws  of  the  United  States  relating  to  mining 
claims,  and  the  rights  incident  thereto  shall,  from  and 
after  the  passage  of  this  Act,  be  in  full  force  and 
effect  in  said  district,  under  the  administration  thereof 
herein  provided  for,  subject  to  such  regulations  as 
may  be  made  by  the  Secretary  of  the  Interior,  ap- 
proved by  the  President :  Provided,  That  the  Indians 
or  other  persons  in  said  district  shall  not  be  disturbed 
in  the  possession  of  any  lands  actually  in  their  use  or 
occupation  or  now  claimed  by  them,  but  the  terms 
under  which  such  persons  may  acquire  title  to  such 
lands  is  reserved  for  future  legislation  by  Congress: 
And  provided  further,  That  parties  who  have  located 
mines  or  mineral  privileges  therein  under  the  laws  of 
the  United  States  applicable  to  the  public  domain,  or 
who  have  occupied  and  improved  or  exercised  acts  of 
ownership  over  such  claims,  shall  not  be  disturbed 
therein,  but  shall  be  allowed  to  perfect  their  title  to 
such  claims  by  payment  as  aforesaid:  And  provided 
also,  That  the  land  not  exceeding  six  hundred  and 
forty  acres  at  any  station  now  occupied  as  missionary 


389 

stations  among  the  Indian  tribes  in  said  section,  with 
the  improvements  thereon  erected  by  or  for  such  so- 
cieties, shall  be  continued  in  the  occupancy  of  the  sev- 
eral religious  societies  to  which  said  missionary  sta- 
tions respectively  belong  until  action  by  Congress. 
But  nothing  contained  in  this  Act  shall  be  construed 
to  put  in  force  in  said  district  the  general  land  laws 
of  the  United  States. 

An  Act  making  appropriations  for  sundry  civil  expenses  of  the 
Government,  for  the  fiscal  year  ending  June  thirtieth, 
eighteen  hundred  and  ninety-one,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress 

assembled, 

***** 

No  person  who  shall  after  the  passage  of  this  Act     ?teht  °,f,  ent"7 

n.i  ITT        -i         •,,  •  under      all      the 

enter  upon  any  of  the  public  lands  with  a  view  to  occu-  land  laws  re- 
pation,  entry,  or  settlement  under  any  of  the  land  IcrS^Repeafe^ 
laws  shall  be  permitted  to  acquire  title  to  more  than  sce  act  March  3, 

,v  ,         •,      j  j  ,1  1891,  sec.  17). 

three  hundred  and  twenty  acres  in  the  aggregate,  Reservation  in 
under  all  of  said  laws,  but  this  limitation  shall  not  »afen£  a™  T?ol 

operate  to  curtail  the  right  of  any  person  who  has  ditches  and 
i_  .  c  j  ,.-1  ,-,  IT  canals  construct- 

heretofore   made   entry  or   settlement   on   the   public  ed. 

lands,   or  whose   occupation,   entry  or  settlement,   is     ^    ^  —  ^7 
validated  by  this  Act  :    Provided,  That  in  all  patents  gress     approved 
for  lands  hereafter  taken  up  under  any  of  the  land  t"<f    stat.  18L°. 
laws  of  the  United  States  or  on  entries  or  claims  vali-  371)- 
dated  by  this  Act  west  of  the  one  hundredth  meridian 
it  shall  be  expressed  that  there  is  reserved  from  the 
lands  in  said  patent  described  a  right  of  way  thereon 
for  ditches  or  canals  constructed  by  the  authority  of 
the  United  States.     *  *  * 

An  Act  to  repeal  the  timber-culture  laws,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress 

assembled, 

***** 

Sec.  16.     That  townsite  entries  may  be  made  by     Town  sites  on 

,     ,    ,  ,      ...  i    i       j       •'mineral     lands 

incorporated  towns  and  cities  on  the  mineral  lands  of  authorized. 


the  United  States,  but  no  title  shall  be  acquired  by  unaa 

such  towns  or  cities  to  any  vein  of  gold,  silver,  cinna-  erai  la^s  not  in- 

T       j  TJ        •    •  i    •  eluded      in      re- 

bar,  copper,  or  lead,  or  to  any  valid  mining  claim  orstrictions  to  320 
possession   held   under   existing   law.     When   mineral  acres-  _ 
veins  are  possessed  within  the  limits  of  an  incorporated     Act    of    con- 
town  or  city,   and   such  possession  is  recognized   by  March    3pprisni 
local  authority  or  by  the  laws  of  the  United  States,  the  {5^  stat-     L- 
title  to  town  lots  shall  be  subject  to  such  recognized 
possession  and  the  necessary  use  thereof,  and  when 
entry  has  been  made  or  patent  issued  for  such  town- 
sites  to  such  incorporated  town  or  city,  the  possessor 
of  such  mineral  vein  may  enter  and  receive  patent  for 
such  mineral  vein,  and  the  surface  ground  appertaining 
thereto:    Provided,  That  no  entry  shall  be  made  by 


390 

such  mineral-vein  claimant  for  surface  ground  where 
the  owner  or  occupier  of  the  surface  ground  shall  have 
had  possession  of  the  same  before  the  inception  of  the 
title  of  the  mineral-vein  applicant. 

Sec.  17.  That  reservoir  sites  located  or  selected 
and  to  be  located  and  selected  under  the  provisions  of 
"An  Act  making  appropriations  for  sundry  civil  ex- 
penses of  the  Government  for  the  fiscal  year  ending 
June  thirtieth,  eighteen  hundred  and  eighty-nine,  and 
for  other  purposes,  and  amendments  thereto,  shall  be 
restricted  to  and  shall  contain  only  so  much  land  as  is 
actually  necessary  for  the  construction  and  mainte- 
nance of  reservoirs,  excluding  so  far  as  practicable 
lands  occupied  by  actual  settlers  at  the  date  of  the 
location  of  said  reservoirs,  and  that  the  provisions  of 
"An  Act  making  appropriations  for  sundry  civil  ex- 
penses of  the  Government  for  the  fiscal  year  ending 
June  thirtieth,  eighteen  hundred  and  ninety-one,  and 
for  other  purposes,"  which  reads  as  follows,  viz:  "No 
person  who  shall  after  the  passage  of  this  Act  enter 
upon  any  of  the  public  lands  with  a  view  to  occupa- 
tion, entry,  or  settlement  under  any  of  the  land  laws 
shall  be  permitted  to  acquire  title  to  more  than  three 
hundred  and  twenty  acres  in  the  aggregate  under  all 
said  laws,"  shall  be  construed  to  include  in  the  maxi- 
mum amount  of  lands  the  title  to  which  is  permitted 
to  be  acquired  by  one  person  only  agricultural  lands 
and  not  include  lands  entered  or  sought  to  be  entered 

under  mineral  land  laws. 

***** 

An  Act  to  authorize  the   entry  of  lands   chiefly   valuable   for 
building  stone  under  the  placer  mining  laws. 

27  Stat.,  348.     (See  page  915.) 

An  Act  to  amend  section  numbered  twenty-three  hundred  and 
twenty-four  of  the  Revised  Statutes  of  the  United  States 
relating  to  mining  claims. 

pr?oefqofrt™pendif       Be  Jt  enacted  by  the  Senate  and  House  of  Repre- 
ture  for  the  year  sentatives  of  the  United  States  of  America  in  Congress 
eiclpt  sua  sendteo  assembled,  That  the  provisions  of  section  numbered 
south  Dakota,     twenty-three  hundred  and  twenty-four  of  the  Revised 
Act    of    con- Statutes  of  the  United  States,  which  require  that  on 
NoTs,  i8930B8each    claim    located    after    the    tenth    day    of    May, 
stat  L.  6).        eighteen  hundred  and  seventy-two,  and  until  patent 
has  been  issued  therefor,  not  less  than  one  hundred 
dollars'  worth  of  labor  shall  be  performed  or  improve- 
ments made  during  each  year,  be  suspended  for  the 
year  eighteen  hundred  and  ninety-three,   so  that  no 
mining  claim  which  has  been  regularly  located  and 
recorded  as  required  by  the  local  laws  and  mining 
regulations    shall   be    subject    to    forfeiture    for   non- 
performance  of  the  annual   assessment  for   the  year 
eighteen  hundred  and  ninety-three :     Provided,  That 
the  claimant  or  claimants  of  any  mining  location,  in 
order  to  secure  the  benefits  of  this  act  shall  cause  to 


391 

be  recorded  in  the  office  where  the  location  notice  or 
certificate  is  filed  on  or  before  December  thirty-first, 
eighteen  hundred  and  ninety-three,  a  notice  that  he 
or  they,  in  good  faith  intend  to  hold  and  work  said 
claim  :  Provided,  however,  That  the  provisions  of  this 
Act  shall  not  apply  to  the  State  of  South  Dakota. 

This  Act  shall  take  effect  from  and  after  its  pas- 
sage. 

An  Act  to  amend  section  numbered  twenty-three  hundred  and 
twenty-four  of  the  Revised  Statutes  of  the  United  States 
relating  to  mining  claims. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives  of  the  United  States  of  America  in  Congress  ture  for  the  year 
assembled,   That  the  provisions  of  section  numbered  except 


a  s 


twenty-three  hundred  and  twenty-four  of  the  Revised  ^"^  Dakota- 

Statutes  of  the  United  States,  which  require  that  on     Act    of    con- 

each    claim    located    after    the    tenth    day    of    May,  fSg.8   i!,ppri°894 

eighteen  hundred  and  seventy-two,  and  until  patent  i?|.    stat-     *** 

has  been  issued  therefor,  not  less  than  one  hundred 

dollars'  worth  of  labor  shall  be  performed  or  improve- 

ments made  during  each  year,  be  suspended  for  the 

year  eighteen   hundred   and  ninety-four,   so  that  no 

mining  claim  which  has  been  regularly  located  and 

recorded  as  required  by  the  local  laws  and  mining 

regulations    shall   be    subject    to   forfeiture    for    non- 

performance  of  the  annual   assessment  for  the  year 

eighteen   hundred   and   ninety-four:     Provided,   That 

the  claimant  or  claimants  of  any  mining  location,  in 

order  to  secure  the  benefits  of  this  Act,  shall  cause  to 

be  recorded  in  the  office  where  the  location  notice  or 

certificate  is  filed  on  or  before  December  thirty-first, 

eighteen  hundred  and  ninety-four,  a  notice  that  he  or 

they  in  good  faith  intend  to  hold  and  work  said  claim  : 

Provided,  however,   That  the  provisions  of  this  Act 

shall  not  apply  to  the  State  of  South  Dakota. 

Sec.  2.     This  Act  shall  take  effect  from  and  after 
its  passage. 

An  Act  making  appropriations  for  current  and  contingent  ex- 
penses of  the  Indian  Department  and  fulfilling  treaty 
stipulations  with  various  Indian  tribes  for  the  fiscal  year 
ending  June  thirtieth,  eighteen  hundred  and  ninety-six,  and 
for  other  purposes. 

[WICHITA  LANDS,  OKLAHOMA.] 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress 

assembled, 

***** 

The  said  Wichita  and  affiliated  bands  of  Indians  in     Lands  ceded- 
the  Indian  Territory  hereby  cede,  convey,  transfer,  re-     Act  of  Mar.  2, 
linquish,  forever  and  absolutely,  without  any  reserva-  L8.9°  876?    'soj,' 
tion  whatever,   all   their   claim,   title  and   interest   of  899)- 
every  kind  and  character  in  and  to  the  lands  embraced 
in  the  following-described  tract  of  country  in  the  In- 
dian Territory,  to  wit: 


392 

Commencing  at  a  point  in  the  middle  of  the  main 
channel  of  the  Washita  River,  where  the  ninety-eighth 
meridian  of  west  longitude  crosses  the  same,  thence  up 
the  middle  of  the  main  channel  of  said  river  to  the  line 
of  ninety-eight  degrees  forty  minutes  west  longitude, 
thence  on  said  line  of  ninety-eight  degrees  forty  min- 
utes due  north  to  the  middle  of  the  channel  of  the 
main  Canadian  River,  thence  down  the  middle  of  said 
main  Canadian  River  to  where  it  crosses  the  ninety- 
eighth  meridian,  thence  due  south  to  the  place  of  be- 
ginning. 

*  *  *  *  * 

Mineral     laws.          That  the  jawg  reiatjng  to  t}ie  mineral  lands  of  the 

United   States   are   hereby   extended   over   the   lands 
ceded  by  the  foregoing  agreement. 

An  Act  making  appropriations  for  current  and  contingent 
expenses  of  the  Indian  Department  and  fulfilling  treaty 
stipulations  with  various  Indian  tribes  for  the  fiscal  year 
ending  June  thirtieth,  eighteen  hundred  and  ninety-seven, 
and  for  other  purposes. 

[FORT  BELKNAP  INDIAN  EESEEVATION,  MONTANA.] 

Sec.  8. 

*  *  *  *  # 

That  upon  the  filing  in  the  United  States  local  land 
office  for  the  district  in  which  the  lands  surrendered 
by  article  one  of  the  foregoing  agreement  are  situated. 
of  the  approved  plat  of  survey  authorized  by  this  sec- 
tion, the  lands  so  surrendered  shall  be  open  to  occu- 
pation, location,  and  purchase,  under  the  provisions 
of  the  mineral-land  laws  only,  subject  to  the  several 
Price*08'          articles  of  the  foregoing  agreement:     Provided,  That 
NO    occupancy  said  lands  shall  be  sold  at  ten  dollars  per  acre :    And 
g'  provided  further,  That  the  terms  of  this  section  shall 
not  be  construed  to  authorize  the  occupancy  of  said 
lands  for  mining  purposes  prior  to  the  date  of  filing 
said  approved  plat  of  survey.     *     *     * 

[BLACKFEET  INDIAN  RESERVATION,  MONTANA.] 

Sec.  9. 

*  *  *  *  * 

That  upon  the  filing  in  the  United  States  local  land 
office  for  the  district  in  which  the  lands  surrendered 
by  article  one  of  the  foregoing  agreement  are  situated, 
of  the  approved  plat  of  survey  authorized  by  this  sec- 
tion, the  lands  so  surrendered  shall  be  opened  t)  occu- 
pation, location,  and  purchase  under  the  provisions  of 
the  mineral-land  laws  only,  subject  to  the  several 
No0t "occupancy articles  of  the  foregoing  agreement:  Provided,  That 
prior  to  opening,  the  terms  of  this  section  shall  not  be  construed  to  au- 
thorize occupancy  of  said  lands  for  mining  purposes 
prior  to  the  date  of  filing  said  approved  plat  of  survey : 


303 

[SAN  CARLOS  INDIAN  RESERVATION,  ARIZONA.] 

Sec.  10. 

*  *  *  *  # 

That  upon  the  filing  in  the  United  States  local  land 
office  for  the  district  in  which  the  lands  surrendered 
by  article  one  of  the  foregoing  agreement  are  situated, 
of  the  approved  plat  of  survey  authorized  by  this  sec- 
tion, the  lands  so  surrendered  shall  be  opened  to  occu- 
pation, location,  and  purchase  under  the  provisions  of 
the   mineral-land   laws   only,   subject   to   the    several 
articles  of  the  foregoing  agreement:     Provided,  That     Provisos. 
the  terms  of  this  section  shall  not  be  construed  to  au-  prior 
thorize  occupancy  of  said  lands  for  mining  purposes 
prior  to  the  date  of  filing  said  approved  plat  of  survey : 
Provided,  however,  That  any  person  who  in  good  faith  dls^ovfeereersce  of 
prior  to  the  passage  of  this  Act  had  discovered  and  coal,  etc. 
opened,  or  located,  a  mine  of  coal  or  other  mineral, 
shall  have  a  preference  right  of  purchase  for  ninety  ^^    approved 
days  from  and  after  the  official  filing  in  the  local  land  June    10, 
office  of  the  approved  plat  of  survey  provided  for  by  353,   357*' 
this  section. 

An  Act  to  authorize  the  entry  and  patenting  of  lands  containing 
petroleum  and  other  mineral  oils  under  the  placer  mining 
laws  of  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Kepresen- 
tatives  of  the  United  States  of  America  in  Congress  containing  petro- 
assembled,  That  any  person  authorized  to  enter  lands  JnTnera?noiis0tun- 
under  the  mining  laws  of  the  United  States  may  enter 
and  obtain  patent  to  lands  containing  petroleum  or 
other  mineral  oils,  and  chiefly  valuable  therefor,  under  grets*    approved 
the  provisions  of  the  laws  relating  to  placer  mineral  |feb.    11.    18£7 
claims:     Provided,     That     lands     containing     such  526). 
petroleum  or  other  mineral  oils  which  have  heretofore 
been  filed  upon,  claimed,  or  improved  as  mineral,  but 
not  yet  patented,  may  be  held  and  patented  under  the 
provisions  of  this  Act  the  same  as  if  such  filing,  claim, 
or  improvement  were  subsequent  to  the  date  of  the  pas- 
sage hereof. 

An  Act  making  appropriations  for  sundry  civil  expenses  of  the 
Government  for  the  fiscal  year  ending  June  thirtieth, 
eighteen  hundred  and  ninety-eight,  and  for  other  purposes. 

*  *  *  #  * 

All  public  lands  heretofore  designated  and  reserved  g^*    approved 
by  the  President  of  the  United  States  under  the  pro-  -Time  4.  isnr  (so 
visions   of  the  Act  approved   March   third,   eighteen  fe*!'  L"  34>  35> 
hundred  and  ninety-one,  the  orders  for  which  shall  be 
and  remain  in  full  force  and  effect,  unsuspended  and 
unrevoked,  and  all  public  lands  that  may  hereafter 
be  set   aside  and  reserved  as  public  forest  reserves 
under  said  Act,  shall  be  as  far  as  practicable  controlled 
and   administered   in   accordance    with  the   following 
provisions : 


394 

tions!"eswheenervtao  No  Public  forest  reservation  shall  be  established, 
be  established,  except  to  improve  and  protect  the  forest  within  the 
reservation,  or  for  the  purpose  of  securing  favorable 
conditions  of  water  flows,  and  to  furnish  a  continuous 
supply  of  timber  for  the  use  and  necessities  of  citizens 
of  the  United  States  ;  but  it  is  not  the  purpose  or  intent 
of  these  provisions,  or  of  the  Act  providing  for  such 
reservations,  to  authorize  the  inclusion  therein  of  lands 
more  valuable  for  the  mineral  therein,  or  for  agricul- 
tural purposes,  than  for  forest  purposes. 


etc^by*  settlers)       ^ne  Secretary  of  the  Interior  may  permit,  under 
etc.'  '  regulations  to  be  prescribed  by  him,  the  use  of  timber 

and  stone  found  upon  such  reservations,  free  of 
charge,  by  bona  fide  settlers,  miners,  residents,  and 
prospectors  for  minerals,  for  firewood,  fencing,  build- 
ings, mining,  prospecting,  and  other  domestic  pur- 
poses, as  may  be  needed  by  such  persons  for  such  pur- 
poses; such  timber  to  be  used  within  the  State  or 
Territory,  respectively,  where  such  reservations  may 
be  located. 

gre^of8  settlers       Nothing  herein  shall  be  construed  as  prohibiting 

within     reserva-the  egress  or  ingress  of  actual  settlers  residing  within 

ms,  e  c.  ^e  Boundaries  of  such  reservations,  or  from  crossing 

the  same  to  and  from  their  property  or  homes;  and 

such  wagon  roads  and  other  improvements  may  be 

•  constructed  thereon  as  may  be  necessary  to  reach  their 

homes  and  to  utilize  their  property  under  such  rules 

and  regulations  as  may  be  prescribed  by  the  Secretary 

of  the  Interior.     Nor  shall  anything  herein  prohibit 

any  person  from  entering  upon  such  forest  reservations 

for  all  proper  and  lawful  purposes,  including  that  of 

prospecting,  locating,  and  developing  the  mineral  re- 

sources thereof:    Provided,  That  such  persons  comply 

with  the  rules  and  regulations  covering  such  forest 

reservations. 

*  *  *  *  * 

minera?rori0a  H-  Upon  the  recommendation  of  the  Secretary  of  the 
cultural  lands  to  Interior,  with  the  approval  of  the  President,  after 
main.put  lo"  sixty  days'  notice  thereof,  published  in  two  papers  of 
general  circulation  in  the  State  or  Territory  wherein 
any  forest  reservation  is  situated,  and  near  the  said 
reservation,  any  public  lands  embraced  within  the 
limits  of  any  forest  reservation  which,  after  due  ex- 
amination by  personal  inspection  of  a  competent  per- 
son appointed  for  that  purpose  by  the  Secretary  of  the 
Interior,  shall  be  found  better  adapted  for  mining  or 
for  agricultural  purposes  than  for  forest  usage,  may 
be  restored  to  the  public  domain.  And  any  mineral 
lands  in  any  forest  reservation  which  have  been  or 
which  may  be  shown  to  be  such,  and  subject  to  entry 
under  the  existing  mining  laws  of  the  United  States 


395 

and  the  rules  and  regulations  applying  thereto,  shall 
continue  to  be  subject  to  such  location  and  entry,  not- 
withstanding any  provision  herein  contained. 

An  Act  extending  the  homestead  laws  and  providing  for  right  of 
way  for  railroads  in  the  district  of  Alaska,  and  for  other 
purposes. 


Sec.  13.     That  native-born  citizens  of  the  Dominion 
of  Canada  shall  be  accorded  in  said  district  of  Alaska  native-born    citi 
the  same   mining  rights   and  privileges   accorded  to  mSfion'o/canada 
citizens  of  the  United  States  in  British  Columbia  and  —  7—  —  -  —  r— 
the  Northwest  Territory  by  the  laws  of  the  Dominion  gress     approved 
of  Canada  or  the  local  laws,  rules,  and  regulations  ;  but  ?soy    stat  18L® 
no  greater  rights  shall  be  thus  accorded  than  citizens  415>- 
of  the  United  States,  or  persons  who  have  declared 
their  intention  to  become  such,  may  enjoy  in  said  dis- 
trict of  Alaska  ;  and  the  Secretary  of  the  Interior  shall 
from  time  to  time  promulgate  and  enforce  rules  and 
regulations  to  carry  this  provision  into  effect. 

An  Act  making  further  provisions  for  a  civil  government  for 
Alaska,  and  for  other  purposes. 

***** 

Sec.  15.  The  respective  Recorders  shall,  upon  the  ed  Wnat  record- 
payment  of  the  fees  for  the  same  prescribed  by  the  —  '•  - 
Attorney-General,  record  separately,  in  large  and  well-  gress*  approved 
bound  separate  books,  in  fair  hand:  ^°te  6-  ^QQQ^li 

First.     Deeds,   grants,  transfers,   contracts  to  sell  326/330).' 
or  convey  real  estate  and  mortgages  of  real  estate,  re- 
leases of  mortgages,  powers  of  attorney,  leases  which. 
have  been  acknowledged  or  proved,  mortgages  upon 
personal  property; 


*** 


Ninth.     Affidavits  of  annual  work  done  on  mining 
claims  ; 

Tenth.     Notices  of  mining  location  and  declaratory 
statements  ; 

Eleventh.  Such  other  writings  as  are  required  or 
permitted  by  law  to  be  recorded,  including  the  liens 
of  mechanics,  laborers,  and  others  :  Provided,  Notices  ^u^ing  claims. 
of  location  of  mining  claims  shall  be  filed  for  record 
within  ninety  days  from  the  date  of  the  discovery  of 
the  claim  described  in  the  notice,  and  all  instruments 
shall  be  recorded  in  the  recording  district  in  which 
the  property  or  subject-matter  affected  by  the  instru- 
ment is  situated,  and  where  the  property  or  subject- 
matter  is  not  situated  in  any  established  recording 
district  the  instrument  affecting  the  same  shall  be  re- 
corded in  the  office  of  the  clerk  of  the  division  of  the 
court  hariner  supervision  over  the  recording  division 
in  which  such  property  or  subject-matter  is  situated. 


396 


Provided,  Miners  in  any  organized  min- 


Provisos. 
Gold,  etc. 
plorations 
Sea. 


Miners"'   regu- 
intions    for    re-  ing  district  may  make  rules  and  regulations  governing 

recorder.  etc'  ~  the  recording  of  notices  of  location  of  mining  claims, 
°etcr  diegai-  M"ater  rights,  flumes  and  ditches,  mill  sites  and  affi- 
davits  of  labor,  not  in  conflict  with  this  Act  or  the 
general  laws  of  the  United  States  ;  and  nothing  in  this 
Act  shall  be  construed  so  as  to  prevent  the  miners  in 
any  regularly  organized  mining  district  not  within  any 
recording  district  established  by  the  court  from  elect- 
ing their  own  Mining  Recorder  to  act  as  such  until  a 
Recorder  therefor  is  appointed  by  the  court:  Pro- 
vided further,  All  records  heretofore  regularly  made 
by  the  United  States  commissioner  at  Dyea,  Skagway, 
and  the  Recorder  at  Douglas  City,  not  in  conflict  with 
any  records  regularly  made  with  the  United  States 
commissioner  at  Juneau,  are  hereby  legalized.  And 
all  records  heretofore  made  in  good  faith  in  any  regu- 
larly organized  mining  district  are  hereby  made  public 
records,  and  the  same  shall  be  delivered  to  the  Re- 
corder for  the  recording  district  including  such  mining 
district  within  six  months  from  the  passage  of  this  Act. 
Mining  laws.  Sec.  26.  The  laws  of  the  United  States  relating  to 
mining  claims,  mineral  locations,  and  rights  incident 
Ex_  thereto  are  hereby  extended  to  the  district  of  Alaska  : 
on  Provided,  That  subject  only  to  such  general  limitations 
as  may  be  necessary  to  exempt  navigation  from  arti- 
ficial obstructions  all  land  and  shoal  water  between  low 
and  mean  high  tide  on  the  shores,  bays,  and  inlets  of 
Bering  Sea,  within  the  jurisdiction  of  the  United 
States,  shall  be  subject  to  exploration  and  mining  for 
gold  and  other  precious  metals  by  citizens  of  the 
tionsners  regula"  United  States,  or  persons  who  have  legally  declared 
their  intentions  to  become  such,  under  such  reasonable 
rules  and  regulations  as  the  miners  in  organized  min- 
ing districts  may  have  heretofore  made  or  may  here- 
after make  governing  the  temporary  possession 
thereof  for  exploration  and  mining  purposes  until 
w~?t  h  *°  Federai°^erw^se  Provided  by  law  :  Provided  further,  That 
laws.  the  rules  and  regulations  established  by  the  miners 

shall  not  be  in  conflict  with  the  mining  laws  of  the 
United    States;    and    no    exclusive    permits    shall    be 
granted  by  the  Secretary  of  War  authorizing  any  per- 
son or  persons,  corporation,  or  company  to  excavate 
mitsxolutoive  mine  or  mine  under  any  of  said  waters  below  low  tide,  and 
void,  etc°  if  such  exclusive  permit  has  been  granted  it  is  hereby 

revoked  and  declared  null  and  void  ;  but  citizens  of  the 
United  States  or  persons  who  have  legally  declared 
their  intention  to  become  such  shall  have  the  right  to 
dredge  and  mine  for  gold  or  other  precious  metals  in 
said  waters,  below  low  tide,  subject  to  such  general 
rules  and  regulations  as  the  Secretary  of  War  may 
prescribe  for  the  preservation  of  order  and  the  pro- 
tection of  the  interests  of  commerce  ;  such  rules  and 
regulations  shall  not,  however,  deprive  miners  on  the 


397 

beach  of  the  right  hereby  given  to  dump  tailings  into 

or  pump  from   the   sea   opposite  their  claims,   except 

where  such  dumping  would  actually  obstruct  naviga- SPr£™vlsions  ,r(; 

tion;  and  the  reservation  of  a  roadway  sixty  feet  wide,  p^c!  nnot°toWap- 

under  the  tenth  section  of  the  Act  of  May  fourteenth,  ^3.  Vo1 

eighteen  hundred  and  ninety-eight,  entitled  "An  Act 

extending  the  homestead  laws  and  providing  for  right 

of  way  for  railroads  in  the  district  of  Alaska,  and  for 

other  purposes,"  shall  not  apply  to  mineral  lands  or 

town  sites. 

***** 

An  Act  to  ratify  an  agreement  with  the  Indians  of  the  Fort  Act  of  Con- 
Hall  Eeservation  in  Idaho,  and  making  appropriations  to  ju^f  6  i§oo°TIi 
carry  the  same  into  effect.  stat.  L.,  680.) 

[DISPOSITION  OF  COMANCHE,  KIOWA,  AND  APACHE 

LANDS.] 

That  should  any  of  said  lands  allotted  to  said  In- 
dians, or  opened  to  settlement  under  this  Act,  contain 
valuable  mineral  deposits,  such  mineral  deposits  shall 
be  open  to  location  and  entry,  under  the  existing  min- 
ing laws  of  the  United  States,  upon  the  passage  of  this 
Act,  and  the  mineral  laws  of  the  United  States  are 

hereby  extended  over  said  lands. 

***** 

An    Act    extending   the   mining   laws    to    saline    lands. 

An  Act  making  appropriations  for  the  current  and  contingent 
expenses  of  the  Indian  Department  and  for  fulfilling  treaty 
stipulations  with  various  Indian  tribes  for  the  fiscal  year 
ending  June  thirtieth,  nineteen  hundred  and  three,  and  for 
other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress 

assembled, 

*  *  *  *  * 

That  the  Secretary  of  the  Interior,  with  the  con-  WfcJiIt"tahR  ,a  n  d 
sent  thereto  of  the  majority  of  the  adult  male  Indians  utes. 
of  the  Uintah  and  the  White  River  tribes  of  Ute  In-  irrigabKnd.  °f 
dians,  to  be  ascertained  as  soon  as  practicable  by  an 
inspector,  shall  cause  to  be  allotted  to  each  head  of  a 
family  eighty  acres  of  agricultural  land  which  can  be 
irrigated  and  forty  acres  of  such  land  to  each  other 
member  of  said  tribes,  said  allotments  to  be  made  prior 
to  October  first,  nineteen  hundred  and  three,  on  which 
date  all  the  unallotted  lands  within  said  reservation  .  £ °  a  ' '°  *  *  e.d 

,  ,.       n  .         T-.         .  ,     ,    „,,      .   lands  restored  to 

shall  be  restored  to  the  public  domain:  Provided,  That  public  domain, 
persons  entering  any  of  said  land  under  the  homestead     Ho°me°s'tead 
law  shall  pay  therefor  at  the  rate  of  one  dollar  and  entries, 
twenty-five  cents  per  acre :  And  provided  further,  That  n  e  r  a  i 

nothing  herein  contained  shall  impair  the  rights  of  any 
mineral  lease  which  has  been  approved  by  the  Secre- 
tary of  the  Interior,  or  any  permit  heretofore 
issued  by  direction  of  the  Secretary  of  the 
Interior  to  negotiate  with  said  Indians  for  a 


398 

mineral  lease;  but  any  per-son  or  company  having  so 
obtained  such  approved  mineral  lease  or  such  permit 
to  negotiate  with  said  Indians  for  a  mineral  lease  on 
said  reservation,  pending  such  time  and  up  to  thirty 
days  before  said  lands  are  restored  to  the  public  do- 
main as  aforesaid,  shall  have  in  lieu  of  such  lease  or 
permit  the  preferential  right  to  locate  under  the  min- 
ing laws  not  to  exceed  six  hundred  and  forty  acres  of 

company  Minins  contiguous  mineral  land,  except  the  Raven  Mining 
Application  of  Company,  which  may  in  lieu  of  its  lease  locate  one 

saies°.eds  m  hundred  mining  claims  of  the  character  of  mineral 

Act  of  congress  mentioned  in  its  lease ;  and  the  proceeds  of  the  sale  of 

approved  May  27,  the  lands  so  restored  to  the  public  domain  shall  be  ap- 

L9°263)32  tat'  plied,  first,  to  the  reimbursement  of  the  United  States 
for  any  moneys  advanced  to  said  Indians  to  carry  into 
effect  the  foregoing  provisions;  and  the  remainder, 
under  the  direction  of  the  Secretary  of  the  Interior, 

shall  be  used  for  the  benefit  of  said  Indians. 

*  #  *  *  * 

An  Act  defining  what  shall  constitute  and  providing  for  assess- 
ments   on   oil   mining   claims. 

qufrsedess?oernt  oil       Be  Jt  enacted  by  the  Senate  and  House  of  Repre- 

mining  claims,    sentatives  of  the  United  States  of  America  in  Congress 

Act  orcongressassembled,  That  where  oil  lands  are  located  under  the 

i903°V(32Festat'Provisions   of   ^tle    tnirty-two,    chapter    six,    Revised 
L.,  825).  'Statutes  of  the  United  States,  as  placer  mining  claims, 

the  annual  assessment  labor  upon  such  claims  may  be 
done  upon  any  one  of  a  group  of  claims  lying  contigu- 
ous and  owned  by  the  same  person  or  corporation,  not 
exceeding  five  claims  in  all :  Provided,  That  said  labor 
will  tend  to  the  development  or  to  determine  the  oil- 
bearing  character  of  such  contiguous  claims. 

An  Act  making  appropriations  for  the  current  and  contingent 
expenses  of  the  Indian  Department  and  for  fulfilling  treaty 
stipulations  with  various  Indian  tribes  for  the  fiscal  year 
ending  June  thirtieth,  nineteen  hundred  and  four,  and  for 
other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress 

assembled, 

***** 

ind^an0mReserva*  That  in  the  lands  within  the  former  Uncompahgre 
Indian  Reservation,  in  the  State  of  Utah,  containing 
s*  located*  on  gilsonite,  asphaltum,  elaterite,  or  oth«r  like  substances, 
to  Jan.  i,  which  were  reserved  from  location  ard  entry  by  pro- 
vision in  the  Act  of  Congress  entitled  "An  Act  making 
appropriations  for  the  current  and  contingent  expenses 
of  the  Indian  Department  and  for  fulfilling  treaty 
stipulations  with  various  Indian  tribes,  for  the  fiscal 
year  ending  June  thirtieth,  eighteen  hundred  and 

g730  stat->  P-  ninety-eight,  and  for  other  purposes,"  approved  June 
seventh,  eighteen  hundred  and  ninety-seven,  all  dis- 
coveries and  locations  of  any  such  mineral  lands  by 
qualified  persons  prior  to  January  first,  eighteen  hun- 


399 

dred   and   ninety-one,  not  previously  discovered  and 
located,  who  recorded  notices  of  such  discoveries  and 
locations  prior  to  January  first,  eighteen  hundred  and 
ninety-one,  either  in  the  State  of  Colorado,  or  in  the 
office  of  the  County  Recorder  of  Uintah  County,  Utah, 
shall  have  all  the  force  and  effect  accorded  by  law  to 
locations  of  mining  claims  upon  the  public  domain. 
All  such   locations  may   hereafter  be   perfected,   and  SUeat0nts  r 
patents  shall  be  issued  therefor  upon  compliance  with  tions,     etc.,     of 
the  requirements  of  the  mineral-land  laws,  provided  cl 
that  the  owners  of  such  locations  shall  relocate  their 
respective  claims  and  record  the  same  in  the  office  of 
the  County  Recorder  of  Uintah  County,  Utah,  within 
ninety  days  after  the  passage  of  this  Act.    All  loca-  nf£1ralmja1ncat(id 
tions  of  any  such  mineral  lands  made  and  recorded  on  isoT,  invalid, 
or  subsequent  to  January  first,  eighteen  hundred  and  def  alot°f  mineral 
ninety-one,  are  hereby  declared  to  be  null  and  void ;  lands, 
and  the  remainder  of  the  lands  heretofore  reserved  as 
aforesaid  because  of  the  mineral  substances  contained 
in  them,  in  so  far  as  the  same  may  be  within  even- 
numbered  sections,  shall  be  sold  and  disposed  of  in 
tracts  not   exceeding  forty  acres,  or  a  quarter  of  a 
quarter  of  a  section,  in  such  manner  and  upon  such 
terms  and  with  such  restrictions  as  may  be  prescribed     Restrictions. 
in    a    proclamation    of   the   President    of   the    United    Act  of  Congress 
States  issued  for  that  purpose  not  less  than  one  hun-  jfSS^^^&at! 
dred  and  twenty  days  after  the  passage  of  this  Act,  L-.  WS)- 
and  not  less  than  ninety  days  before  the  time  of  sale 
or  disposal,  and  the  balance  of  said  lands  and  also  all 
the  mineral  therein  are  hereby  specifically  reserved 

for  future  action  of  Congress. 

*  *  *  *  # 

An  Act  for  the  survey  and  allottment  of  lands  now  embraced 
within  the  limits  of  the  Flahead  Indian  Reservation,  in  the 
State  of  Montana,  and  the  sale  and  disposal  of  all  surplus 
lands  after  allotment. 

*  =:•:=  *  *  * 

Sec.  5.  That  said  commissioners  shall  then  proceed et<f  la>f  siandslon> 
to  personally  inspect  and  classify  and  appraise,  by  the 
smallest  legal  subdivisions  of  forty  acres  each,  all  of 
the  remaining  lands  embraced  within  said  reservation. 
In  making  such  classification  and  appraisement  said 
lands  shall  be  divided  into  the  following  classes:  First, 
agricultural  land  of  the  first  class ;  second,  agricultural 
land  of  the  second  class ;  third,  timber  lands,  the  same 
to  be  land£  more  valuable  for  their  timber  than  for 
any  other  purpose;  fourth,  mineral  lands;  and  fifth, 

grazing  lands. 

*  *  *  *  # 

Sec.    8.     That   when   said    commission   shall   have  iandV.sposal  of 
completed  the  classification  and  appraisement  of  all 
of  said  lands  and  the  same  shall  have  been  approved 
by  the  Secretary  of  the  Interior,  the  land  shall  be  dis- 
posed of  under  the  provisions  of  the  homestead,  min- 


400 

eral,  and  town-site  laws  of  the  United  States,  except 

such  of  said  lands  as  shall  have  been  classified  as  tim- 

schooim  lands  ^  Der  lands,  and  excepting  sections  sixteen  and  thirty- 

cepted.  six  of  each  township,  which  are  hereby  granted  to  the 

State  of  Montana  for  school  purposes.     *     *     * 

*  *  *  *  # 

entrleseral  land  Sec.  ^-  That  only  mineral  entry  may  be  made  on 
such  of  said  lands  as  said  commission  shall  designate 
and  classify  as  mineral  under  the  general  provisions 
of  the  mining  laws  of  the  United  States,  and  mineral 
entry  may  also  be  made  on  any  of  said  lands  whether 
designated  by  said  commission  as  mineral  lands  or 
otherwise,  such  classification  by  said  commission  being 
only  prima  facie  evidence  of  the  mineral  or  non- 
Exceptions  mineral  character  of  the  same:  Provided,  That  no 
such  mineral  locations  shall  be  permitted  upon  any 
lands  allotted  in  severalty  to  an  Indian. 


23,       1904       (33 

Stnt.  L.,  302).  An  Act  to  ratify  and  amend  an  agreement  with  the  Indians 
of  the  Crow  Reservation,  in  Montana,  and  making  appro- 
priations to  carry  the  same  into  effect. 

nedSand       Sec-  5.     *     *     *     And  provided  further,  That  the 
—  price  of  said  lands  shall  be  four  dollars  per  acre,  when 
npprovodC°nIi>erSn  entered  under  the  homestead  laws.     *     *     *     Lands 
Itat   L9°V,'>)(33entered  under  the  town-site  and  mineral  land  laws 
shall  be  paid  for  in  amount  and  manner  as  provided 
by  said  laws,  but  in  no  event  at  a  less  price  than  that 
fixed  herein  for  such  lands,  if  entered  under  the  home- 
stead laws.     *     *     * 

An  Act  to  authorize  the  sale  and  disposition  of  surplus  or  un- 
allotted  lands   of    the  Yakima   Indian   Reservation,   in   the 
State  of  Washington. 
*  *  *  *  * 

vnaJ?ottedaiandBf  ?ee-  3-  Tnat  tne  residue  of  the  lands  of  said  reser- 
'vation  —  that  is,  the  lands  not  allotted  and  not  reserved 
—  shall  be  classified  under  the  direction  of  the  Secre- 
tary of  the  Interior  as  irrigable  lands,  grazing  lands, 
timber  lands,  or  arid  lands,  and  shall  b£  appraised 
under  their  appropriate  classes  by  legal  subdivisions, 
with  the  exception  of  the  mineral  lands,  which  need 
not  be  appraised,  and  the  timber  on  the  lands  classi- 
fied as  timber  lands  shall  be  appraised  separately  from 
the  land.  The  basis  for  the  appraisal  of  the  timber 
shall  be  the  amount  of  standing  merchantable  timber 
thereon,  which  shall  be  ascertained  and  reported. 


Lfann™8     "  Tlle  lands  classified  as  mineral  lands  shall  be  sub- 


nsmin-ject  to  location  and  disposal  under  the  mineral-land 
laws  of  the  United  States  :  Provided,  That  lands  not 
classified  as  mineral  may  also  be  located  and  entered  as 
mineral  lands,  subject  to  approval  by  the  Secretary  of 
the  Interior  and  conditioned  upon  the  payment,  within 
one  year  from  the  date  when  located,  of  the  appraised 
value  of  the  lands  per  acre  fixed  prior  to  the  date  of 
such  location,  but  at  not  less  than  the  price  fixed  by 


401 

existing  law   for   mineral   lands  :     Provided   further,     Restriction. 
That  no  such  mineral  locations  shall  be  permitted  on    Act  of  congress 
any  lands  allotted  to  Indians  in  severalty  or  reserved  ioo4°ve(d33Dest£t! 
for  any  purpose  as  herein  authorized.  L-»  595>- 

An  Act  to  ratify  and  amend  an  agreement  with  the  Indians 
residing  on  the  Shoshone  or  Wind  Eiver  Indian  Reservation 
in  the  State  of  Wyoming  and  to  make  appropriations  for 
carrying  the  same  into  effect. 

*  *  *  *  * 

Sec.  2.     That  the  lands  ceded  to  the  United  States  ,„£«  eto  !cntryo£ 
under  the  said  agreement  shall  be  disposed  of  under 
the  provisions  of  the  homestead,  town-site,  coal,  and 
mineral  land  laws  of  the  United  States  and  shall  be 
opened  to  settlement  and  entry  by  proclamation  of  the    Proclamation. 

President.     *     *     * 

*  *  *  *  * 


*     *     *    Lands  entered  under  the  town-site,  coal, 
and  mineral  land  laws  shall  be  paid  for  in  amount  and  tries. 
manner  as  provided  by  said  laws.    Notice  of  location 
of  all  mineral  entries  shall  be  filed  in  the  local  land 
office  of  the  district  in  which  the  lands  covered  by  the 
location  are  situated,  and  unless  entry  and  payment 
shall  be  made  within  three  years  from  the  date  of  loca- 
tion all  nights  thereunder  shall  cease  ;     *     *     *     that 
all  lands,  except  mineral  and  coal  lands,  herein  ceded  1905    (33    staY. 
remaining  undisposed  of  at  the  expiration  of  five  years  L"  1016)- 
from  the  opening  of  said  lands  to  entry  shall  be  sold 
to  the  highest  bidder  for  cash  at  not  less  than  one 
dollar  per  acre  under  rules  and  regulations  to  be  pre- 
scribed by  the  Secretary  of  the  Interior.    *     *     * 

An  Act  to  authorize  the  sale  and  disposition  of  surplus  or 
unallotted  lands  of  the  diminished  Colville  Indian  Reserva- 
tion, in  the  State  of  Washington,  and  for  other  purposes. 

***** 

Sec.  3.     That  upon  the  completion  of  said  allot-  la^g!  n  e  r  a  ' 
ments  to  said  Indians  the  residue  or  surplus  lands  — 


that  is,  lands  not  allotted  or  reserved  for  Indian  school,  approved  °Mgarrch 

agency,    or   other   purposes  —  of   the   said    diminished  22>  1906- 

Colville  Indian  Reservation  shall  be  classified  under 

the  direction  of  the  Secretary  of  the  Interior  as  irriga- 

ble lands,  grazing  lands,  timber  lands,  mineral  lands, 

or  arifl  lands,  and  shall  be  appraised  under  their  ap- 

propriate classes  by  legal  subdivisions,  with  the  excep- 

tion of  the  lands  classed  as  mineral  lands,  which  need 

not  be  appraised,  and  which  shall  be  disposed  of  under 

the  general  mining  laws  of  the  United  States. 

An  Act  making  appropriations  for  the  current  and  contingent 
expenses  of  the  Indian  Department,  for  fulfilling  treaty 
stipulations  with  various  Indian  tribes,  and  for  other  pur- 
poses, for  the  fiscal  year  ending  June  thirtieth,  nineteen 
hundred  and  seven. 


402 

[COEUR  D'ALENE  INDIAN  LANDS.] 

*  #  *  *  * 

lands1  n  e  r  a  l       *     *     *     Provided  further,  That  the  general  min- 

—ing  laws  of  the  United  States  shall  extend  after  the 

approvedC°j  urns|  approval  of  this  Act  to  any  of  said  lands,  and  mineral 
Itat  L9°336)(34  entrv  may  be  made  on  any  of  said  lands,  but  no  such 
c6ai "  and  'oil  mineral  selection  shall  be  permitted  upon  any  lands 
lerve<L  allotted  in  severalty  to  the  Indians :    Provided  further, 
That  all  the  coal  or  oil  deposits  in  or  under  the  lands 
on  the  said  reservation  shall  be  and  remain  the  prop- 
erty of  the  United  States,  and  no  patent  that  may  be 
issued  under  the  provisions  of  this  or  any  other  Act 
of  Congress  shall  convey  any  title  thereto.     *     *     * 

Act  of  Congress  An  Act  to  amend  the  laws  governing  labor  or  improvements 
appr^ed^ March  upon  mining  claims  in  Alaska. 

L.,   1243). 

Alaska.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 

provements,  etc!i  sentatives  of  the  United  States  of  America  in  Congress 
min"  assembled,  That  during  each  year  and  until  patent 
has  been  issued  therefor,  at  least  one  hundred  dollars' 
worth  of  labor  shall  be  performed  or  improvements 
made  on,  or  for  the  benefit  or  development  of,  in  ac- 
cordance with  existing  law,  each  mining  claim  in  the 
davits1 !  n  g  affl  district  of  Alaska  heretofore  or  hereafter  located.  And 
the  locator  or  owner  of  such  claim  or  some  other  per- 
son having  knowledge  of  the  facts  may  also  make  and 
file  with  the  said  Recorder  of  the  district  in  which 
the  claims  shall  be  situate  an  affidavit  showing  the  per- 
formance of  labor  or  making  of  improvements  to  the 
amount  of  one  hundred  dollars  as  aforesaid  and  speci- 
fying the  character  and  extent  of  such  work.     Such 
Contents.        affidavit  shall  set  forth  the  following :    First,  the  name 
or  number  of  the  mining  claims  and  where  situated; 
second,  the  number  of  days'  work  done  and  the  char- 
acter and  value  of  the  improvements  placed  thereon ; 
third,  the  date  of  the  performance  of  such  labor  and  of 
making  improvements;  fourth,  at  whose  instance  the 
work  was  done  or  the  improvements  made;  fifth,  the 
actual  amount  paid  for  work  and  improvement,  and 
by  whom  paid  when  the  same  was  not  done  by  the 
evidence  of*  per*owner-    Such  affidavit  shall  be  prima  facie  evidence  of 
formance  of  the  performance  of  such  work  or  making  of  such  im- 
work,  etc.          provements,  but  if  such  affidavits  be  not  filed  within 
the  time  fixed  by  this  Act  the  burden  of  proof  shall  be 
upon  the  claimant  to  establish  the  performance  of  such 
Forfeiture.       annual  work  and  improvements.    And  upon  failure  of 
the  locator  or  owner  of  any  such  claim  to  comply  with 
the  provisions  of  this  Act,  as  to  performance  of  work 
and  improvements,  such  claim  shall  become  forfeited 
and  open  to  location  by  others  as  if  no  location  of  the 
whoin3cPaffidbaevi0trsesame   na^   ever  been   made.     The   affidavits  required 
may  be  'made,      hereby  may  be  made  before  any  officer  authorized  to 
5392,  S5393;c  p.' administer  oaths,  and  the  provisions  of  sections  fifty- 
1045'  three  hundred  and  ninety-two  and  fifty-three  hundred 


403 

and  ninety-three  of  the  Revised  Statutes  are  hereby 
extended  to  such  affidavits.     Said  affidavits  shall  be    Tlme  °f  fln°s- 
filed  not  later  than  ninety  days  after  the  close  of  the 
year  in  which  such  work  is  performed. 

Sec.  2.  That  the  Recorders  for  the  several  divi- 
sions or  districts  of  Alaska  shall  collect  the  sum  of  one 
dollar  and  fifty  cents  as  a  fee  for  the  filing,  recording, 
and  indexing  said  annual  proofs  of  work  and  improve- 
ments for  each  claim  so  recorded. 

An   Act   authorizing   a    resurvey   of   certain    townships   in    the 
State  of  Wyoming,  and  for  other  purposes. 

[BITTEK  ROOT  VALLEY,  MONTANA.] 

Sec.  11.     That  all  the  provisions  of  the  mining  laws  e^te^ed  wtso 
of  the  United  States  are  hereby  extended  and  made  ap-  lands, 
plicable  to  the  undisposed-of  lands  in  the  Bitter  Root  approve^Mafll! 
Valley,  State  of  Montana,  above  the  mouth  of  the  Lo  L904R7()3^ 
Lo  Fork  of  the  Bitter  Root  River,  designated  in  the 
Act  of  June  fifth,  eighteen  hundred  and  seventy-two: 
Provided,  That  all  mining  locations  and  entries  here- 
tofore made  or  attempted  to  be  made  upon  said  lands 
shall  be  determined  by  the  Department  of  the  Interior 
as  if  said  lands  had  been  subject  to  mineral  location 
and  entry  at  the  time  such  locations  and  entries  were 
made  or  attempted  to  be  made :   And  provided  further. 
That  this  Act  shall  not  be  applicable  to  lands  with- 
drawn for  administration  sites  for  use  of  the  Forest 
Service. 

An  Act  for  relief  of  applicants  for  mineral  surveys. 

Be  it  enacted  by  the  Senate  and  House  of  Repre-  dep0esPi?syifo?  min- 
sentatives  of  the  United  States  of  America  in  Congress  erai  surveys, 
assembled,  That  the  Secretary  of  the  Treasury  be,  and  approved  Feb.™!! 
he  is  hereby,  authorized  and  directed  to  pay,  out  of  the  ^909  _(}36    |*£t. 
moneys  heretofore  or  hereafter  covered  into  the  Treas-  NO.  257.' 
ury  from  deposits  made  by  individuals  to  cover  cost 
of  work  performed  and  to  be  performed  in  the  offices 
of  the  United  States  surveyors-general  in  connection 
with  the  survey  of  mineral  lands,  any  excess  in  the 
amount  deposited  over  and  above  the  actual  cost  of  the 
wrork     performed,     including    all     expenses     incident 
thereto  for  which  the  deposits  were  severally  made  or 
the  whole  of  any  unused  deposit;  and  such  sums,  as 
the  several  cases  may  be,  shall  be  deemed  to  be  annu- 
ally and  permanently  appropriated  for  that  purpose. 
Such  repayments  shall  be  made  to  the  person  or  per- 
sons who  made  the  several  deposits,  or  to  his  or  their 
legal  representatives,  after  the  completion  or  abandon- 
ment of  the  work  for  which  the  deposits  were  made, 
and  upon  an  account  certified  by  the  surveyor-general 
of  the  district  in  which  the  mineral  land  surveyed,  or 
sought  to  be  surveyed  is  situated  and  approved  by  the 
Commissioner  of  the  General  Land  Office. 


404 

An  Act  extending  the  time  for  final  entry  of  mineral  claims 
within  the  Shoshone  or  Wind  Eiver  Beservation  in  Wyo- 
ming. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
try.  sentatives  of  the  United  States  of  America  in  Congress 

approved  °if ebS assembled,  That  section  two  of  chapter  fourteen  hun- 
Itkt  19L?  -I3)6dred  and  fifty-two  of  the  Statutes  of  the  Fifty-eighth 
Pub.'  NO. "266.  '  Congress  (United  States  Statutes  at  Large,  volume 
thirty-three,  part  one),  being  "An  Act  to  ratify  and 
amend  an  agreement  with  the  Indians  residing  on  the 
Shoshone  or  Wind  River  Indian  Reservation,  in  the 
State  of  Wyoming,  and  to  make  appropriations  to 
carry  the  same  into  effect,"  be,  and  the  same  is  hereby, 
amended  so  that  all  claimants  and  locators  of  mineral 
lands  within  the  ceded  portion  of  said  reservation  shall 
have  five  years  from  the  date  of  location  within  which 
to  make  entry  and  payment  instead  of  three  years,  as 
now  provided  by  the  said  Act. 

REGULATIONS. 

NATURE  AND  EXTENT  OF  MINING  CLAIMS. 

1.  Mining  claims  are  of  two  distinct  classes:    Lode  claims  and 
placers. 

Lode  Claims. 

2.  The  status  of  lode  claims  located  or  patented  previous  to 
the  10th  day  of  May,  1872,  is  not  changed  with  regard  to  their 
extent  along  the  lode  or  width  of  surface ;  but  the  claim  is  enlarged 
by  sections  2322  and  2328,  by  investing  the  locator,  his  heirs  or 
assigns,  with  the  right  to  follow,  upon  the  conditions  stated  therein, 
all  veins,  lodes,  or  ledges,  the  top  or  apex  of  which  lies  inside  of 
the  surface  lines  of  his  claim. 

3.  It  is  to  be  distinctly  understood,  however,  that  the  law  limits 
the  possessory  right  to  veins,  lodes,  or  ledges,  other  than  the  one 
named  in   the   original   location,   to   such   as  were   not   adversely 
claimed  on  May  10,  1872,  and  that  where  such  other  vein  or  ledge 
was  so  adversely  claimed  at  that  date  the  right  of  the  party  so 
adversely  claiming  is  in  no  way  impaired  by  the  provisions  of  the 
Revised  Statutes. 

4.  From  and  after  the  10th  May,  1872,  any  person  who  is  a 
citizen  of  the  United  States,  or  who  has  declared  his  intention  to 
become  a  citizen,  may  locate,  record,  and  hold  a  mining  claim  of 
fifteen  hundred  linear  feet  along  the  course  of  any  mineral  vein 
or  lode  subject  to  location;  or  an  association  of  persons,  severally 
qualified  as  above,  may  make  joint  location  of  such  claim  of  fifteen 
hundred  feet,  but  in  no  event  can  a  location  of  a  vein  or  lode  made 
after  the  10th  day  of  May,  1872,  exceed  fifteen  hundred  feet  along 
the  course  thereof,  whatever  may  be  the  number  of  persons  com- 
posing the  association. 

5.  With  regard  to  the  extent  of  surface  ground  adjoining  a 
vein  or  lode,  and  claimed  for  the  convenient  working  thereof,  the 
Revised  Statutes  provide  that  the  lateral  extent  of  locations  of 
veins  or  lodes  made  after  May  10,  1872,  shall  in  no  case  exceed 


405 

three  hundred  feet  on  each  side  of  the  middle  of  the  vein  at  the 
surface,  and  that  no  such  surface  rights  shall  be  limited  by  any 
mining  regulations  to  less  than  twenty-five  feet  on  each  side  of  the 
middle  of  the  vein  at  the  surface,  except  where  adverse  rights 
existing  on  the  10th  May,  1872,  may  render  such  limitation  neces- 
sary ;  the  end  lines  of  such  claims  to  be  in  all  cases  parallel  to  each 
other.  Said  lateral  measurements  can  not  extend  beyond  three 
hundred  feet  on  either  side  of  the  middle  of  the  vein  at  the  surface, 
or  such  distance  as  is  allowed  by  local  laws.  For  example:  400 
feet  can  not  be  taken  on  one  side  and  200  feet  on  the  other.  If, 
however,  300  feet  on  each  side  are  allowed,  and  by  reason  of  prior 
claims  but  100  feet  can  be  taken  on  one  side,  the  locator  will  not  be 
restricted  to  less  than  300  feet  on  the  other  side;  and  when  the 
locator  does  not  determine  by  exploration  where  the  middle  of  the 
vein  at  the  surface  is,  his  discovery  shaft  must  be  assumed  to  mark 
such  point. 

6.  By  the  foregoing  it  will  be  perceived  that  no  lode  claim 
located  after  the  10th  May,  1872,  can  exceed  a  parallelogram  fifteen 
hundred  feet  in  length  by  six  hundred  feet  in  width,  but  whether 
surface  ground  of  that  width  can  be  taken  depends  upon  the  local 
regulations  or  State  or  Territorial  laws  in  force  in  the  several 
mining  districts;  and  that  no  such  local  regulations  or  State  or 
Territorial  laws  shall  limit  a  vein  or  lode  claim  to  less  than  fifteen 
hundred  feet   along  the   course   thereof,   whether   the  location  is 
made  by  one  or  more  persons,  nor  can  surface  rights  be  limited  to 
less  than  fifty  feet  in  width  unless  adverse  claims  existing  on  the 
10th  day  of  May,  1872,  render  such  lateral  limitation  necessary. 

7.  Locators  can  not  exercise  too  much  care  in  defining  their 
locations  at  the  outset,  inasmuch  as  the  law  requires  that  all  records 
of  mining  locations  made  subsequent  to  May  10,  1872,  shall  contain 
the  name  or  names  of  the  locators,  the  date  of  the  location,  and  such 
a  description  of  the  claim  or  claims  located,  by  reference  to  some 
natural  object  or  permanent  monument,  as  will  identify  the  claim. 

8.  No  lode  claim  shall  be  located  until  after  the  discovery  of  a 
vein  or  lode  within  the  limits  of  the  claim,  the  object  of  which 
provision  is  evidently  to  prevent  the  appropriation  of  presumed 
mineral  ground  for  speculative  purposes,  to  the  exclusion  of  bona 
fide  prospectors,  before  sufficient  work  has  been  done  tc  determine 
whether  a  vein  or  lode  really  exists. 

9.  The  claimant  should,  therefore,  prior  to  locating  his  claim, 
unless  the  vein  can  be  traced  upon  the  surface,  sink  a  shaft  or  run 
a  tunnel  or  drift  to  a  sufficient  depth  therein  to  discover  and  de- 
velop a  mineral-bearing  vein,  lode,  or  crevice;  should  determine,  if 
possible,  the  general  course  of  such  vein  in  either  direction  from 
the  point  of  discovery^by  which  direction  he  will  be  governed  in 
marking  the  boundaries  of  his  claim  on  the  surface.     His  location 
notice  should  give  the  course  and  distance  as  nearly  as  practicable 
from  the  discovery  shaft  on  the  claim  to  some  permanent,  well- 
known  points  or  objects,  such,  for  instance,  as  stone  monuments, 
blazed  trees,  the  confluence  of  streams,  point  of  intersection  of 
well-known  gulches,  ravines,  or  roads,  prominent  buttes,  hills,  etc., 
which  may  be  in  the  immediate  vicinity,  and  which  will  serve  to  per- 
petuate and  fix  the  locus  of  the  claim  and  render  it  susceptible 


406 

of  identification  from  the  description  thereof  given  in  the  record  of 
locations  in  the  district,  and  should  be  duly  recorded. 

10.  In  addition  to  the  foregoing  data,  the  claimant  should  state 
the  names  of  adjoining  claims,  or,  if  none  adjoin,  the  relative  posi- 
tions of  the  nearest  claims;  should  drive  a  post  or  erect  a  monu- 
ment of  stones  at  each  corner  of  his  surface  ground,  and  at  the 
point  of  discovery  or  discovery  shaft  should  fix  a  post,  stake,  or 
board,  upon  which  should  be  designated  the  name  of  the  lode,  the 
name  or  names  of  the  locators,  the  number  of  feet  claimed,  and  in 
which  direction  from  the  point  of  discovery,  it  being  essential  that 
the  location  notice  filed  for  record,  in  addition  to  the  foregoing 
description,  should  state  whether  the  entire  claim  of  fifteen  hun- 
dred feet  is  taken  on  one  side  of  the  point  of  discovery,  or  whether 
it  is  partly  upon  one  and  partly  upon  the  other  side  thereof,  and  in 
the  latter  case,  how  many  feet  are  claimed  upon  each  side  of  such 
discovery  point. 

11.  The  location  notice  must  be  filed  for  record  in  all  respects 
as  required  by  the  State  or  Territorial  laws  and  local  rules  and 
regulations,  if  there  be  any. 

12.  In  order  to  hold  the  possessory  title  to  a  mining  claim  lo- 
cated prior  to  May  10,  1872,  the  law  requires  that  ten  dollars  shall 
be  expended  annually  in  labor  or  improvements  for  each  one  hun- 
dred feet  in  length  along  the  vein  or  lode.     In  order  to  hold  the 
possessory  right  to  a  location  made  since  May  10,  1872,  not  less 
than  one  hundred  dollars'  worth  of  labor  must  be  performed  or 
improvements  made  thereon  annually.     Under  the  provisions  of 
the  Act  of  Congress  approved  January  22,  1880,  the  first  annual 
expenditure  becomes  due  and  must  be  performed  during  the  cal- 
endar year  succeeding  that  in  which  the  location  was  made.    Where 
a  number  of  contiguous  claims  are  held  in  common,  the  aggregate 
expenditure  that  would  be  necessary  to  hold  all  the  claims,  may  be 
made  upon  any  one  claim.    Cornering  locations  are  held  not  to  be 
contiguous. 

13.  Failure  to  make  the  expenditure  or  perform  the  labor  re- 
quired upon  a  location  made  before  or  since  May  10,  1872,  will 
subject  a  claim  to  relocation,  unless  the  original  locator,  his  heirs, 
assigns,   or  legal  representatives   have   resumed  work   after  such 
failure  and  before  relocation. 

14.  Annual  expenditure  is  not  required  subsequent  to  entry, 
the  date  of  issuing  the  patent  certificate  being  the  date  contem- 
plated by  statute. 

15.  Upon  the  failure  of  any  one  of  several  coowners  to  con- 
tribute his  proportion  of  the  required  expenditures,  the  coowners, 
who  have  performed  the  labor  or  made  the  improvements,  as  re- 
quired, may,  at  the  expiration  of  the  year,  give  such  delinquent  co- 
owner  personal  notice  in  writing,  or  notice  by  publication  in  the 
newspaper  published  nearest  the  claim  for  at  least  once  a  week  for 
ninety  days;  and  if  upon  the  expiration  of  ninety  days  after  such 
notice  in  writing,  or  upon  the  expiration  of  one  hundred  and  eighty 
days  after  the  first  newspaper  publication  of  notice,  the  delinquent 
coowner  shall  have  failed  to  contribute  his  proportion  to  meet  such 
expenditures  or  improvements,   his  interest  in  the   claim  by  law 
passes  to  his  coowners  who  have  made  the  expenditures  or  improve- 
ments aforesaid.    Where  a  claimant  alleges  ownership  of  a  forfeited 


407 

interest  under  the  foregoing  provision,  the  sworn  statement  of  the 
publisher  as  to  the  facts  of  publication,  giving  dates  and  a  printed 
copy  of  the  notice  published,  should  be  furnished,  and  the  claimant 
must  swear  that  the  delinquent  coowner  failed  to  contribute  his 
proper  proportion  within  the  period  fixed  by  the  statute. 

Tunnels. 

16.  The  effect  of  section  2323,  Revised  Statutes,  is  to  give  the 
proprietors  of  a  mining  tunnel  run  in  good  faith  the  possessory 
right  to  fifteen  hundred  feet  of  any  blind  lodes  cut,  discovered,  or 
intersected  by  such  tunnel,  which  were  not  previously  known  to 
exist,  within  three  thousand  feet  from  the  face  or  point  of  com- 
mencement of  such  tunnel,  and  to  prohibit  other  parties,  after  the 
commencement  of  the  tunnel,  from  prospecting  for  and  making 
locations  of  lodes  on  the  line  thereof  and  within  said  distance  of 
three  thousand  feet,  unless  such  lodes  appear  upon  the  surface  or 
were  previously  known  to  exist.    The  term  "face,"  as  used  in  said 
section,  is  construed  and  held  to  mean  the  first  working  face  formed 
in  the  tunnel,  and  to  signify  the  point  at  which  the  tunnel  actually 
enters  cover;  it  being  from  this  point  that  the  three  thousand  feet 
are  to  be  counted  upon  which  prospecting  is  prohibited  as  afore- 
said. 

17.  To  avail  themselves  of  the  benefits  of  this  provision  of  law, 
the  proprietors  of  a  mining  tunnel  will  be  required,  at  the  time  they 
enter  cover  as  aforesaid,  to  give  proper  notice  of  their  tunnel  loca- 
tion by  erecting  a  substantial  post,  board,  or  monument  at  the  face 
or  point  of  commencement  thereof,  upon  which  should  be  posted  a 
good  and  sufficient  notice,  giving  the  names  of  the  parties  or  com- 
pany claiming  the  tunnel  right ;  the  actual  or  proposed  course  or 
direction  of  the  tunnel,  the  height  and  width  thereof,  and  the  course 
and  distance  from  such  face  or  point  of  commencement  to  some 
permanent  well-known  objects  in  the  vicinity  by  which  to  fix  and 
determine  the  locus  in  manner  heretofore  set  forth  applicable  to 
locations  of  veins  or  lodes,  and  at  the  time  of  posting  such  notice 
they  shall,  in  order  that  miners  or  prospectors  may  be  enabled  to 
determine  whether  or  not  they  are  within  the  lines  of  the  tunnel, 
establish  the  boundary  lines  thereof,  by  stakes  or  monuments  placed 
along  such  lines  at  proper  intervals,  to  the  terminus  of  the  three 
thousand  feet  from  the  face  or  point  of  commencement  of  the  tun- 
nel, and  the  lines  so  marked  will  define  and  govern  as  to  specific 
boundaries    within    which    prospecting    for    lodes    not    previously 
known  to  exist  is  prohibited  while  work  on  the  tunnel  is  being 
prosecuted  with  reasonable  diligence. 

18.  A  full  and  correct  copy  of  such  notice  of  location  defining 
the  tunnel  claim  must  be  filed  for  record  with  the  Mining  Recorder 
of  the  district,  to  which  notice  must  be  attached  the  sworn  state- 
ment or  declaration  of  the  owners,  claimants,  or  projectors  of  such 
tunnel,  setting  forth  the  facts  in  the  case;  stating  the  amount  ex- 
pended by  themselves  and  their  predecessors  in  interest  in  prose- 
cufiting  work  thereon;  the  extent  of  the  work  performed,  and  that 
it  is  bona  fide  their  intention  to  prosecute  work  on  the  tunnel  so 
located  and  described  with  reasonable  diligence  for  the  develop- 
ment of  a  vein  or  lode,  or  for  the  discovery  of  mines,  or  both,  as 
the  case  may  be.     This  notice  of  location  must  be  duly  recorded, 


408 

and,  with  the  said  sworn  statement  attached,  kept  on  the  Recorder's 
files  for  future  reference. 

Placer  Claims. 

19.  But  one   discovery  of  mineral  is  required  to  support  a 
placer  location,  whether  it  be  of  twenty  acres  by  an  individual, 
or  of  one  hundred  and  sixty  acres  or  less  by  an  association  of 
persons. 

20.  The  Act  of  August  4,  1892,  extends  the  mineral-land  laws 
so  as  to  bring  lands  chiefly  valuable  for  building  stone  within  the 
provisions  of  said  law  by  authorizing  a  placer  entry  of  such  lands. 
Registers  and  Receivers  should  make  a  reference  to  said  Act  on 
the  entry  papers  in  the  case  of  all  placer  entries  made  for  lands 
containing  stone   chiefly  valuable  for  building  purposes.     Lands 
reserved  for  the  benefit  of  public  schools  or  donated  to  any  State 
are  not  subject  to  entry  under  said  Act. 

21.  The  Act  of  February  11,  1897,  provides  for  the  location  and 
entry  of  public  lands  chiefly  valuable  for  petroleum  or  other  mineral 
oils,  and  entries  of  that  nature  made  prior  to  the  passage  of  said  Act 
are  to  be  considered  as  though  made  thereunder. 

22.  By  section  2330  authority  is  given  for  subdividing  forty- 
acre  legal  subdivisions  into  ten-acre  tracts.     These  ten-acre  tracts 
should  be  considered  and  dealt  with  as  legal  subdivisions,  and  an 
applicant  having  a  placer  claim  which  conforms  to  one  or  more  of 
such  ten-acre  tracts,  contiguous  in  case  of  two  or  more  tracts,  may 
make  entry  thereof,  after  the  usual  proceedings,  without  further 
survey  or  plat. 

23.  (Omitted.) 

24.  A  ten-acre  subdivision  may  be  described,  for  instance  if  sit- 
uated in  the  extreme  northeast  of  the  section,  as  the  "NE.  14  of  the 
NE.  %  of  the  NE.  ^"  of  the  section,  or,  in  like  manner,  by  appro- 
priate terms,  wherever  situated ;  but  in  addition  to  this  description, 
the  notice  must  give  all  the  other  data  required  in  a  mineral  appli- 
cation, by  which  parties  may  be  put  on  inquiry  as  to  the  land  sought 
to  be-patented.    The  proofs  submitted  with  applications  must  show 
clearly  the  character  and  extent  of  the  improvements  upon  the 
premises. 

25.  The  proof  of  improvements  must  show  their  value  to  be  not 
less  than  five  hundred  dollars  and  that  they  were  made  by  the  appli- 
cant for  patent  or  his  grantors.    This  proof  should  consist  of  the 
affidavit  of  two  or  more  disinterested  witnesses.     The  annual  ex- 
penditure to  the  amount  of  $100,  required  by  section  2324,  Revised 
Statutes,  must  be  made  upon  placer  as  well  as  lode  locations. 

26.  Applicants  for  patent  to  a  placer  claim,  who  are  also  in 
possession  of  a  known  vein  or  lode  included  therein,  must  state  in 
their  application  that  the  placer  includes  such  vein  or  lode.     The 
published  and  posted  notices  must  also  include  such  statement.    If 
veins  or  lodes  lying  within  a  placer  location  are  owned  by  other 
parties,  the  fact  should  be  distinctly  stated  in  the  application  for 
patent  and  in  all  the  notices.    But  in  all  cases,  whether  the  lode  is 
claimed  or  excluded,  it  must  be  surveyed  and  marked  upon  the  plat, 
the  field  notes  and  plat  giving  the  area  of  the  lode  claim  or  claims 
and  the  area  of  the  placer  separately.    An  application  which  omits 
to  claim  such  known  vein  or  lode  must  be  construed  as  a  conclusive 


409 

declaration  that  the  applicant  has  no  right  of  possession  to  the  vein 
or  lode.  Where  there  is  no  known  lode  or  vein,  the  fact  must  appear 
by  the  affidavit  of  two  or  more  witnesses. 

27.  By  section  2330  it  is  declared  that  no  location  of  a  placer 
claim,  made  after  July  9,  1870,  shall  exceed  one  hundred  and  sixty 
acres  for  any  one  person  or  association  of  persons,  which  location 
shall  conform  to  the  United  States  surveys. 

28.  Section  2331  provides  that  all  placer-mining  claims  located 
after  May  10,  1872,  shall  conform  as  nearly  as  practicable  with  the 
United  States  system  of  public  land  surveys  and  the  rectangular 
subdivisions  of  such  surveys,  and  such  locations  shall  not  include 
more  than  twenty  acres  for  each  individual  claimant. 

29.  The  foregoing  provisions  of  law  are  construed  to  mean  that 
after  the  9th  day  of  July,  1870,  no  location  of  a  placer  claim  can  be 
made  to  exceed  one  hundred  and  sixty  acres,  whatever  may  be  the 
number  of  locators  associated  together,  or  whatever  the  local  regu- 
lations of  the  district  may  allow;  and  that  from  and  after  May  10, 
1872,  no  location  can  exceed  twenty  acres  for  each  individual  par- 
ticipating therein ;  that  is,  a  location  by  two  persons  can  not  exceed 
forty  acres,  and  one  by  three  persons  can  not  exceed  sixty  acres. 

30.  The  regulations  hereinbefore  given  as  to  the  manner  of 
marking  locations  on  the  ground,  and  placing  the  same  on  record, 
must  be  observed  in  the  case  of  placer  locations  so  far  as  the  same 
are  applicable,  the  law  requiring,  however,  that  all  placer  mining 
claims  located  after  May  10,  1872,  shall  conform  as  near  as  prac- 
ticable with  the  United  States  system  of  public  land  surveys  and  the 
rectangular  subdivisions  of  such  surveys,  whether  the  locations  are 
upon  surveyed  or  unsurveyed  lands. 

Conformity  to  the  public  land  surveys  and  the  rectangular  sub- 
divisions thereof  will  not  be  required  where  compliance  with  such 
requirement  would  necessitate  the  placing  of  the  lines  thereof  upon 
other  prior  located  claims  or  where  the  claim  is  surrounded  by  prior 
locations. 

Where  a  placer  location  by  one  or  two  persons  can  be  entirely 
included  within  a  square  forty-acre  tract,  by  three  or  four  persons 
within  two  square  forty-acre  tracts  placed  end  to  end,  by  five  or  six 
persons  within  three  square  forty-acre  tracts  and  by  seven  or  eight 
persons  within  four  square  forty-acre  tracts,  such  locations  will  be 
regarded  as  within  the  requirements  where  strict  conformity  is  im- 
practicable. 

Whether  a  placer  location  conforms  reasonably  with  the  legal 
subdivisions  of  the  public  surveys  is  a  question  of  fact  to  be  deter- 
mined in  each  case  and  no  location  will  be  passed  to  patent  without 
satisfactory  evidence  in  this  regard.  Claimants  should  bear  in  mind 
that  it  is  the  policy  of  the  Government  to  have  all  entries  whether 
of  agricultural  or  mineral  lands  as  compact  and  regular  in  form  as 
reasonably  practicable,  and  that  it  will  not  permit  or  sanction  en- 
tries or  locations  which  cut  the  public  domain  into  long  strips  or 
grossly  irregular  or  fantastically  shaped  tracts.  (Snow  Flake  Frac- 
tion Placer  37  L.  D.,  250.) 

Regulations  Under  Saline  Act. 

31.  Under  the  Act  approved  January  31,  1901,  extending  the 
mining  laws  to  saline  lands,  the  provisions  of  the  law  relating  to 


410 

placer-mining  claims  are  extended  to  all  States  and  Territories  and 
the  district  of  Alaska,  so  as  to  permit  the  location  and  purchase 
thereunder  of  all  unoccupied  public  lands  containing  salt  springs, 
or  deposits  of  salt  in  any  form,  and  chiefly  valuable  therefor,  with 
the  proviso  "That  the  same  person  shall  not  locate  or  enter  more 
than  one  claim  hereunder. " 

32.  Rights  obtained  by  location  under  the  placer-mining  laws 
are  assignable,  and  the  assignee  may  make  the  entry  in  his  own 
name;  so,  under  this  Act  a  person  holding  as  assignee  may  make 
entry  in  his  own  name :  Provided,  He  has  not  held  under  this  Act, 
at  any  time,  either  as  locator  or  entryman,  any  other  lands;  his 
right  is  exhausted  by  having  held  under  this  Act  any  particular 
tract,  either  as  locator  or  entryman,  either  as  an  individual  or  as  a 
member  of  an  association.  It  follows,  therefore,  that  no  application 
for  patent  or  entry,  made  under  this  Act,  shall  embrace  more  than 
one  single  location. 

By  order  dated  June  4,  1912,  paragraph  33  of  the  Mining  Regu- 
lations, approved  March  29,  1909,  was  amended  by  the  Department 
to  read  as  follows : 

In  order  that  the  conditions  imposed  by  the  proviso,  as  set  forth 
in  the  above  paragraph,  may  duly  appear,  the  application  for  patent 
must  contain  or  be  accompanied  by  a  specific  statement  under  oath 
by  each  person  whose  name  appears  therein  that  he  never  has,  either 
as  an  individual  or  as  a  member  of  an  association,  located  or  entered 
any  other  lands  under  the  provisions  of  this  Act.  The  application 
for  patent  should  also  be  accompanied  by  a  showing  under  oath, 
fully  disclosing  the  qualifications  as  defined  by  the  proviso,  of  the 
applicants'  predecessors  in  interest. 

PROCEDURE  TO  OBTAIN  PATENT  TO  MINERAL  LANDS. 

Lode  Claims. 

34.  The  claimant  is  required,  in  the  first  place,  to  have  a  correct 
survey  of  his  claim  made  under  authority  of  the  Surveyor-General 
of  the  State  or  Territory  in  which  the  claim  lies,  such  survey  to 
show  with  accuracy  the  exterior  surface  boundaries  of  the  claim, 
which  boundaries  are  required  to  be  distinctly  marked  by  monu- 
ments on  the  ground.    Four  plats  and  one  copy  of  the  original  field 
notes  in  each  case  will  be  prepared  by  the  Surveyor-General;  one 
plat  and  the  original  field  notes  to  be  retained  in  the  office  of  the 
Surveyor-General ;  one  copy  of  the  plat  to  be  given  the  claimant  for 
posting  upon  the  claim ;  one  plat  and  a    copy  of  the  field  notes  to  be 
given  the  claimant  for  filing  with  the  proper  Register,  to  be  finally 
transmitted  by  that  officer,  with  other  papers  in  the  case,  to  this 
office,  and  one  plat  to  be  sent  by  the  Surveyor-General  to  the  Regis- 
ter of  the  proper  land  district,  to  be  retained  on  his  files  for  future 
reference.    As  there  is  no  resident  Surveyor-General  for  the  State 
of  Arkansas,  applications  for  the  survey  of  mineral  claims  in  said 
State  should  be  made  to  the  Commissioner  of  this  office,  who,  under 
the  law,  is  ex  officio  the  U.  S.  Surveyor-General.     (See  instructions 
of  July  29,  1911,  p.  60.) 

35.  The  survey  and  plat  of  mineral  claims  required  to  be  filed  in 
the  proper  land  office  with  application  for  patent  must  be  made  sub- 
sequent to  the  recording  of  the  location  of  the  claim  (if  the  laws 
of  the  State  or  TcTritory  or  the  regulations  of  the  mining  district 


411 

require  the  notice  of  location  to  be  recorded),  and  when  the  original 
location  is  made  by  survey  of  a  United  States  mineral  surveyor  such 
location  survey  can  not  be  substituted  for  that  required  by  the 
statute,  as  above  indicated. 

36.  The  Surveyors-General  should  designate  all  surveyed  min- 
eral claims  by  a  progressive  series  of  numbers,  beginning  with  sur- 
vey No.  37,  irrespective  as  to  whether  they  are  situated  on  surveyed 
or  unsurveyed  lands,  the  claim  to  be  so  designated  at  date  of  issuing 
the   order   therefor,   in   addition   to   the   local   designation   of  the 
claim;  it  being  required  in  all  cases  that  the  plat  and  field  notes  of 
the  survey  of  a  claim  must,  in  addition  to  the  reference  to  perma- 
nent objects  in  the  neighborhood,  describe  the  locus  of  the  claim 
with  reference  to  the  lines  of  public  surveys  by  a  line  connecting  a 
corner  of  the  claim  with  the  nearest  public  corner  of  the  United 
States  surveys,  unless  such  claim  be  on  unsurveyed  lands  at  a  dis- 
tance of  more  than  two  miles  from  such  public  corner,  in  which 
latter  case  it  should  be  connected  with  a  United  States  mineral 
monument.    Such  connecting  line  must  not  be  more  than  two  miles 
in  length,  and  should  be  measured  on  the  ground  direct  between  the 
points,  or  calculated  from  actually  surveyed  traverse  lines  if  the  na- 
ture of  the  country  should  not  permit  direct  measurement.     If  a 
regularly  established  survey  corner  is  within  two  miles  of  a  claim 
situated  on  unsurveyed  lands,  the  connection  should  be  made  with 
such  corner  in  preference  to  a  connection  with  a  United  States  min- 
eral monument.     The  connecting  line  or  traverse  line  must  be  sur- 
veyed by  the  mineral  surveyor  at  the  time  of  his  making  the  par- 
ticular survey  and  be  made  a  part  thereof. 

37.  (a)  Promptly  upon  the  approval  of  a  mineral  survey  the 
Surveyor-General  will  advise  both  this  office  and  the  appropriate 
local  land  office,  by  letter  (Form  4-286),  of  the  date  of  approval, 
number  of  the  survey,  name  and  area  of  the  claim,  name  and  survey 
number  of  each  approved  mineral  survey  with  which  actually  in 
conflict,  name  and  address  of  the  applicant  for  survey,  and  name  of 
the  mineral  surveyor  who  made  the  survey;  and  will  also  briefly 
describe  therein  the  locus  of  the  claim,  specifying  each  legal  sub- 
division or  portion  thereof,  when  upon  surveyed  lands,  covered  in 
whole  or  in  part  by  the  survey ;  but  hereafter  no  segregation  of  any 
such  claim  upon  the  official  township-survey  records  will  be  made 
until  mineral  entry  has  been  made  and  approved  for  patent,  unless 
otherwise  directed  by  this  office. 

(b)  Upon  application  to  make  agricultural  entry  of  the  residue 
of  any  original  lot  or  legal  subdivision  of  forty  acres,  reduced  by 
mining  claims  for  which  patent  applications  have  been  filed  and 
which  residue  has  been  already  reallotted  in  accordance  therewith, 
the  local  officers  will  accept  and  approve  the  application  as  usual, 
if  found  to  be  regular.  AVhen  such  an  application  is  filed  for  any 
such  original  lot  or  subdivision,  reduced  in  available  area  by  duly 
asserted  mining  claims  but  not  yet  reallotted  accordingly,  the  local 
officers  will  promptly  advise  this  office  thereof;  and  will  also  report 
and  identify  any  pending  application  for  mineral  patent  affecting 
such  subdivision  which  the  agricultural  applicant  does  not  desire  to 
contest.  The  Surveyor-General  will  thereupon  be  advised  by  this 
office  of  such  mining  claims,  or  portions  thereof,  as  are  proper  to  be 
segregated,  and  directed  to  at  once  prepare,  upon  the  usual  drawing- 


412 

paper  township  blank,  diagram  of  amended  township  survey  of  such 
original  lot  or  legal  forty-acre  subdivision  so  made  fractional  by 
such  mineral  segregation,  designating  the  agricultural  portion  of 
appropriate  lot  number,  beginning  with  No.  1  in  each  section  and 
giving  the  area  of  each  lot,  and  will  forthwith  transmit  one  ap- 
proved copy  to  the  local  land  office  and  one  to  this  office.  In  the 
meantime  the  local  officers  will  accept  the  agricultural  application 
(if  no  other  objection  appears),  suspend  it  with  reservation  of  all 
rights  of  the  applicant  if  continuously  asserted  by  him,  and  upon 
receipt  of  amended  township  diagram  will  approve  the  application 
(if  then  otherwise  satisfactory)  as  of  the  date  of  filing,  corrected  to 
describe  the  tract  as  designated  in  the  amended  survey. 

(c)  The  Register  and  Receiver  will  allow  no  agricultural  claim 
for  any  portion  of  an  original  lot  or  legal  forty-acre  subdivision, 
where  the  reduced  area  is  made  to  appear  by  reason  of  approved 
surveys  of  mining  claims  and  for  which  applications  for  patent  have 
not  been  filed,  until  there  is  submitted  by  such  agricultural  appli- 
cant a  satisfactory  showing  that  such  surveyed  claims  are  in  fact 
mineral  in  character ;  and  applications  to  have  lands  asserted  to 
be  mineral,  or  mining  locations,  segregated  by  survey,  with  the  view 
to  agricultural  appropriation  of  the  remainder,  will  be  made  to  the 
Register  and  Receiver  for  submission  to  the  Commissioner  of  the 
General  Land  Office,  for  his  consideration  and  direction,  and  must 
be  supported  by  the  affidavit  of  the  party  in  interest,  duly  corrobo- 
rated by  two  or  more  disinterested  persons,  or  by  such  other  or  fur- 
ther evidence  as  may  be  required  in  any  case,  that  the  lands  sought 
to  be  segregated  as  mineral  are  in  fact  mineral  in  character ;  other- 
wise, in  the  absence  of  satisfactory  showing  in  any  such  case,  such 
original  lot  or  legal  subdivision  will  be  subject  to  agricultural  ap- 
propriation only.  When  any  such  showing  shall  be  found  to  be 
satisfactory  and  the  necessary  survey  is  had,  amended  township 
diagram  will  be  required  and  made  as  prescribed  in  the  preceding 
section. 

38.  The  following  particulars  should  be  observed  in  the  survey 
of  every  mining  claim: 

(1)  The  exterior  boundaries  of  the  claim,  the  number  of  feet 
claimed  along  the  vein,  and,  as  nearly  as  can  be  ascertained,  the 
direction  of  the  vein,  and  the  number  of  feet  claimed  on  the  vein  in 
each  direction  from  the  point  of  discovery  or  other  well-defined 
place  on  the  claim  should  be  represented  on  the  plat  of  survey  and 
in  the  field  notes. 

(2)  The  intersection  of  the  lines  of  the  survey  with  the  lines  of 
conflicting  prior  surveys  should  be  noted  in  the  field  notes  and  repre- 
sented upon  the  plat. 

(3)  Conflicts  with  unsurveyed  claims,  where  the  applicant  for 
survey  does  not  claim  the  area  in  conflict,  should  be  shown  by  actual 
survey. 

(4)  The  total  area  of  the  claim  embraced  by  the  exterior  bounda- 
ries should  be  stated,  and  also  the  area  in  conflict  with  each  inter- 
secting survey,  substantially  as  follows : 

Acres. 

Total   area   of   claim 10.50 

Area  in  conflict  with  survey  No.  302 1.56 

Area  in  conflict  with  survey  No.  948 2.33 

Area  in  conflict  with  Mountain  Maid  lode  mining  claim,  unsurveyed....     1.48 


413 

It  does  not  follow  that  because  mining  surveys  are  required  to  ex- 
hibit all  conflicts  with  prior  surveys  the  areas  of  conflict  are  to  be 
excluded.  The  field  notes  and  plat  are  made  a  part  of  the  applica- 
tion for  patent,  and  care  should  be  taken  that  the  description  does 
not  inadvertently  exclude  portions  intended  to  be  retained.  The 
application  for  patent  should  state  the  portions  to  be  excluded  in 
express  terms. 

39.  The  claimant  is  then  required  to  post  a  copy  of  the  plat  of 
such  survey  in  a  conspicuous  place  upon  the  claim,  together  with 
notice  of  his  intention  to  apply  for  a  patent  therefor,  which  notice 
will  give  the  date  of  posting,  the  name  of  the  claimant,  the  name  of 
the  claim,  the  number  of  the  survey,  the  mining  district  and  county, 
and  the  names  of  adjoining  and  conflicting  claims  as  shown  by  the 
plat  survey.    Too  much  care  can  not  be  exercised  in  the  preparation 
of  this  notice,  inasmuch  as  the  data  therein  are  to  be  repeated  in  the 
other  notices  required  by  the  statute,  and  upon  the  accuracy  and 
completeness  of  these  notices  will  depend,  in  a  great  measure,  the 
regularity  and  validity  of  the  proceedings  for  patent. 

40.  After  posting  the  said  plat  and  notice  upon  the  premises, 
the  claimant  will  file  with  the  proper  Register  and  Eeceiver  a  copy 
of  such  plat  and  the  field  notes  of  survey  of  the  claim,  accompanied 
by  the  affidavit  of  at  least  two  credible  witnesses  that  such  plat  and 
notice  are  posted  conspicuously  upon  the  claim,  giving  the  date  and 
place  of  such  posting ;  a  copy  of  the  notice  so  posted  to  be  attached 
to  and  form  a  part  of  said  affidavit. 

41.  Accompanying  the  field  notes  so  filed  must  be  the  sworn 
statement  of  the  claimant  that  he  has  the  possessory  right  to  the 
premises  therein  described,  in  virtue  of  a  compliance  by  himself 
(and  by  his  grantors,  if  he  claims  by  purchase)  with  the  mining 
rules,  regulations,  and  customs  of  the  mining  district,  State,  or  Ter- 
ritory in  which  the  claim  lies,  and  with  the  mining  laws  of  Congress ; 
such  sworn  statement  to  narrate  briefly,  but  as  clearly  as  possible, 
the  facts  constituting  such  compliance,  the  origin  of  his  possession 
and  the  basis  of  his  claim  to  a  patent.    The  vein  or  lode  must  be  fully 
described,  the  description  to  include  a  statement  as  to  the  kind  and 
character  of  mineral,  the  extent  thereof,  whether  ore  has  been  ex- 
tracted and  of  what  amount  and  value  and  such  other  facts  as  will 
support  the  applicant's  allegation  that  the  claim  contains  a  valuable 
mineral  deposit. 

Circular  No.  68,  January  9,  1912,  amended  paragraph  No.  42  to  read  as 
follows: 

42.  This  sworn  statement  must  be  supported  by  a  copy  of  each  location 
notice,  certified  by  the  legal  custodian  of  the  record  thereof,  and  also  by  an 
abstract  of  title  of  each  claim  certified  by  the  legal  custodian  of  the  records 
of  transfers,  or  by  a  duly  authorized  abstractor  of  titles.     The  certificate  must 
state  that  no  conveyances  affecting,  or  purporting  to  affect,  the  title  to  the 
claim  or  claims  appear  of  record  other  than  those  set  forth. 

Outside  of  the  District  of  Alaska  the  application  for  patent  will  be 
received  and  filed  if  the  abstract  is  brought  to  a  day  reasonably  near  the  date 
of  the  presentation  of  the  application  and  shows  full  title  in  the  applicant, 
who  must,  as  soon  as  practicable  thereafter,  file  a  supplemental  abstract 
brought  down  so  as  to  include  the  date  of  the  filing  of  the  application.  Pub- 
lication will  not  be  ordered  until  the  showing  as  to  title  is  thus  completed  and 
the  local  land  officers  are  satisfied  that  full  title  was  in  the  applicant  on  the 
day  of  the  filing  of  the  application. 

In  the  District  of  Alaska  the  application  for  patent  will  be  received  and 
filed  and  the  order  for  publication  issued  if  the  abstract  showing  full  title 


414 

in  the  applicant  is  brought  down  to  a  day  reasonably  near  the  date  of  the 
presentation  of  the  application.  A  supplemental  abstract  of  title  brought 
down  so  as  to  include  the  date  of  the  filing  of  the  application  must  be  furnished 
prior  to  the  expiration  of  the  sixty-day  period  of  publication. 

No  certificate  from  an  abstractor,  or  abstract  company,  will  be  accepted 
until  approval  by  the  Commissioner  of  the  General  Land  Office  of  a  favorable 
report  of  the  chief  of  field  division,  or  United  States  district  attorney  whose 
division  or  district  embraces  the  lands  in  question,  as  to  the  reliability  and 
responsibility  of  such  abstractor. 

43.  In  the  event  of  the  mining  records  in  any  case  having  been 
destroyed  by  fire  or  otherwise  lost,  affidavit  of  the  fact  should  be 
made,  and  secondary  evidence  of  possessory  title  will  be  received, 
which  may  consist  of  the  affidavit  of  the  claimant,  supported  by 
those  of  any  other  parties  cognizant  of  the  facts  relative  to  his 
location,  occupancy,  possession,  improvements,  etc.;  and  in  such 
case  of  lost  records,  any  deeds,  certificates  of  location  or  purchase, 
or  other  evidence  which  may  be  in  the  claimant's  possession  and 
tend  to  establish  his  claim,  should  be  filed. 

Paragraph  44  \vas  amended  by  circular  No.  49,  Aug  19,  1911,  to  read  as 
follows: 

"44.  Before  approving  for  publication  any  notice  of  an  application  for 
mineral  patent,  local  officers  will  be  particular  to  see  that  it  includes  no  land 
which  is  embraced  in  a  prior  or  pending  application  for  patent  or  entry,  or 
for  any  land  embraced  in  a  railroad  selection,  or  for  which  publication  is 
pending  or  has  been  made  by  any  other  claimants,  and  if,  in  their  opinion,  after 
investigation,  it  should  appear  that  notice  of  a  mineral  application  should  not, 
for  this  or  other  reasons,  be  approved  for  publication,  they  should  formally 
reject  the  same,  giving  the  reasons  therefor,  and  allow  the  applicant  thirty 
days  for  appeal  to  this  office  under  the  Kules  of  Practice." 

45.  Upon  the  receipt  of  these  papers,  if  no  reason  appears  for 
rejecting  the  application,  the  Register  will,  at  the  expense  of  the 
claimant  (who  must  furnish  the  agreement  of  the  publisher  to  hold 
applicant  for  patent  alone  responsible  for  charges  of  publication), 
publish  a  notice  of  such  application  for  the  period  of  sixty  days  in  a 
newspaper  published  nearest  to  the  claim,  and  will  post  a  copy  of 
such  notice  in  his  office  for  the  same  period.     When  the  notice  is 
published  in  a  weekly  newspaper,  nine  consecutive  insertions  are  nec- 
essary; when  in  a  daily  newspaper,  the  notice  must  appear  in  each 
issue  for  sixty-one  consecutive  issues.     In  both  cases  the  first  day 
of  issue  must  be  excluded  in  estimating  the  period  of  sixty  days. 

46.  The  notices  so  published  and  posted  must  embrace  all  the 
data  given  in  the  notice  posted  upon  the  claim.     In  addition  to  such 
data  the  published  notice  must  further  indicate  the  locus  of  the 
claim  by  giving  the  connecting  line,  as  shown  by  the  field  notes  and 
plat,  between  a  corner  of  the  claim  and  a  United  States  mineral 
monument  or  a  corner  of  the  public  survey,  and  thence  the  boun- 
daries of  the  claim  by  courses  and  distances. 

47.  The  Register  shall  publish  the  notice  of  application  for 
patent  in  a  paper  of  established  character  and  general  circulation, 
to  be  by  him  designated  as  being  the  newspaper  published  nearest 
the  land. 

48.  The  claimant  at  the  time  of  filing  the  application  for  pat- 
ent, or  at  any  time  within  the  sixty  days  of  publication,  is  required 
to  file  with  the  Register  a  certificate  of  the  surveyor-general  that 
not  less  than  five  hundred  dollars'  worth  of  labor  has  been  expended 
or  improvements  made,  by  the  applicant  or  his  grantors,  upon  each 
location  embraced  in  the  application,  or  if  the  application  embraces 


415 

several  contiguous  locations  held  in  common,  that  an  amount  equal 
to  five  hundred  dollars  for  each  location  has  been  so  expended 
upon,  and  for  the  benefit  of,  the  entire  group ;  that  the  plat  filed  by 
the  claimant  is  correct ;  that  the  field  notes  of  the  survey,  as  filed, 
furnish  such  an  accurate  description  of  the  claim  as  will,  if  incor- 
porated in  a  patent,  serve  to  fully  identify  the  premises,  and  that 
such  reference  is  made  therein  to  natural  objects  or  permanent 
monuments  as  will  perpetuate  and  fix  the  locus  thereof:  Provided, 
That  as  to  all  applications  for  patents  made  and  passed  to  entry 
before  July  1,  1898,  or  which  are  by  protests  or  adverse  claims  pre- 
vented from  being  passed  to  entry  before  that  time,  where  the 
application  embraces  several  locations  held  in  common,  proof  of  an 
expenditure  of  five  hundred  dollars  upon  the  group  will  be  suffi- 
cient, and  an  expenditure  of  that  amount  need  not  be  shown  to  have 
been  made  upon,  or  for  the  benefit  of,  each  location  embraced  in 
the  application. 

49.  The    surveyor-general   may   derive    his   information   upon 
which  to  base  his  certificate  as  to  the  value  of  labor  expended  or 
improvements   made   from   the   mineral   surveyor   who   makes  the 
actual  survey  and  examination  upon  the  premises,  and  such  min- 
eral surveyor  should  specify  with  particularity  and  full  detail  the 
character  and  extent  of  such  improvements,  but  further  or  other 
evidence  may  be  required  in  any  case. 

50.  It  will  be  convenient  to  have  this  certificate  indorsed  by  the 
surveyor-general,  both  upon  the  plat  and  field  notes  of  survey  filed 
by  the  claimant  as  aforesaid. 

51.  After  the  sixty  days'  period  of  newspaper  publication  has 
expired,  the  claimant  will  furnish  from  the  office  of  publication  a 
sworn  statement  that  the  notice  was  published  for  the  statutory 
period,  giving  the  first  and  last  day  of  such  publication,  and  his  own 
affidavit  showing  that  the  plat  and  notice  aforesaid  remained  con- 
spicuously posted  upon  the  claim  sought  to  be  patented  during  said 
sixty  days'  publication,  giving  the  dates. 

52.  Upon  the  filing  of  this  affidavit  the  Register  will,  if  no 
adverse  claim  was  filed  in  his  office  during  the  period  of  publica- 
tion, and  no  other  objection  appears,  permit  the  claimant  to  pay 
for  the  land  to  which  he  is  entitled  at  the  rate  of  five  dollars  for  each 
acre  and  five  dollars  for  each  fractional  part  of  an  acre,  except  as 
otherwise  provided  by  law,  the  Receiver  issuing  the  usual  receipt 
therefor.     The  claimant  will  also  make  a  sworn  statement  of  all 
charges  and  fees  paid  by  him  for  publication  and  surveys,  together 
with  all  fees  and  money  paid  the  Register  and  Receiver  of  the  land 
office,  after  which  the  complete  record  will  be  forwarded  to  the  Com- 
missioner of  the  General  Land  Office  and  a  patent  issued  thereon  if 
found  regular. 

53.  At  any  time  prior  to  the  issuance  of  patent  protest  may  be 
filed  against  the  patenting  of  the  claim  as  applied  for,  upon  any 
ground  tending  to  show  that  the  applicant  has  failed  to  comply 
with  the  law  in  any  matter  essential  to  a  valid  entry  under  the 
patent  proceedings.     Such  protest  can  not,  however,  be  made  the 
means  of  preserving  a  surface  conflict  lost  by  failure  to  adverse  or 
lost  by  the  judgment  of  the  court  in  an  adverse  suit.     One  holding 
a  present  joint  interest  in  a  mineral  location  included  in  an  appli- 
cation for  patent  who  is  excluded  from  the  application,  so  that  his 


416 

interest  would  not  be  protected  by  the  issue  of  patent  thereon,  may 
protest  against  the  issuance  of  a  patent  as  applied  for,  setting  forth 
in  such  protest  the  nature  and  extent  of  his  interest  in  such  loca- 
tion, and  such  a  protestant  will  be  deemed  a  party  in  interest  en- 
titled to  appeal.  This  results  from  the  holding  that  a  coowner 
excluded  from  an  application  for  patent  does  not  have  an  "adverse" 
claim  within  the  meaning  of  sections  2325  and  2326  of  the  Revised 
Statutes.  (See  Turner  v.  Sawyer,  150  U.  S.,  578-586.) 

54.  Any  party  applying  for  patent  as  trustee  must  disclose  fully 
the  nature  of  the  trust  and  the  name  of  the  cestui  que  trust;  and 
such  trustee,  as  well  as  the  beneficiaries,  must  furnish  satisfactory 
proof  of  citizenship;  and  the  names  of  beneficiaries,  as  well  as  that 
of  the  trustee,  must  be  inserted  in  the  final  certificate  of  entry. 

55.  The  annual  expenditure  of  one  hundred  dollars  in  labor  or 
improvements  on  a  mining  claim,  required  by  section  2324  of  the 
Revised  Statutes,  is  solely  a  matter  between  rival  or  adverse  claim- 
ants to  the  same  mineral  land,  and  goes  only  to  the  right  of  posses- 
sion, the  determination  of  which  is  committed  exclusively  to  the 
courts. 

56.  The  failure  of  an  applicant  for  patent  to  a  mining  claim  to 
prosecute   his   application   to   completion,    by   filing   the   necessary 
proofs  and  making  payment  for  the  land,  within  a  reasonable  time 
after  the  expiration  of  the  period  of  publication  of  notice  of  the 
application,  or  after  the  termination  of  adverse  proceedings  in  the 
courts,  constitutes  a  waiver  by  the  applicant  of  all  rights  obtained 
by  the  earlier  proceedings  upon  the  application. 

57.  The  proceedings  necessary  to  the  completion  of  an  applica- 
tion for  patent  to  a  mining  claim,  against  which  an  adverse  claim 
or  protest  has  been  filed,  if  taken  by  the  applicant  at  the  first 
opportunity  afforded  therefor  under  the  law  and  departmental  prac- 
tice, will  be  as  effective  as  if  taken  at  the  date  when,  but  for  the 
adverse  claim  or  protest,  the  proceedings  on  the  application  could 
have  been  completed. 

Placer  Claims. 

58.  The  proceedings  to  obtain  patents  for  placer  claims,  includ- 
ing all  forms  of  mineral  deposits  excepting  veins  of  quartz  or  other 
rock  in  place,  are  similar  to  the  proceedings  described  for  obtaining 
patents  for  vein  or  lode  claims;  but  where  a  placer  claim  shall  be 
upon  surveyed  lands,  and  conforms  to  legal  subdivisions,  no  further 
survey  or  plat  will  be  required.     "Where  placer  claims  can  not  be 
conformed  to  legal  subdivisions,  survey  and  plat  shall  be  made  as 
on  unsurveyed  lands. 

59.  The  proceedings  for  obtaining  patents  for  veins  or  lodes 
having  already  been  fully  given,  it  will  not  be  necessary  to  repeat 
them  here,  it  being  thought  that  careful  attention  thereto  by  appli- 
cants and  the  local  officers  will  enable  them  to  act  understandingly 
in  the  matter,  and  make  such  slight  modifications  in  the  notice,  or 
otherwise,  as  may  be  necessary  in  view  of  the  different  nature  of  the 
two  classes  of  claims ;  the  price  of  placer  claims  being  fixed,  however, 
at  two  dollars  and  fifty  cents  per  acre  or  fractional  part  of  an  acre. 

60.  In  placer  applications,  in  addition  to  the  recitals  necessary 
in  and  to  both  vein  or  lode  and  placer  applications,  the  placer  appli- 
cation should  contain,  in  detail,  such  data  as  will  support  the  claim 


417 

that  the  land  applied  for  is  placer  ground  containing  valuable  min- 
eral deposits  not  in  vein  or  lode  formation  and  that  title  is  sought 
not  to  control  water  courses  or  to  obtain  valuable  timber  but  in 
good  faith  because  of  the  mineral  therein.  This  statement,  of  course, 
must  depend  upon  the  character  of  the  deposit  and  the  natural  fea- 
tures of  the  ground,  but  the  following  details  should  be  covered  as 
fully  as  possible :  If  the  claim  be  for  a  deposit  of  placer  gold,  there 
must  be  stated  the  yield  per  pan,  or  cubic  yard,  as  shown  by  pros- 
pecting and  development  work,  distance  to  bedrock,  formation  and 
extent  of  the  deposit,  and  all  other  facts  upon  which  he  bases  his 
allegation  that  the  claim  is  valuable  for  its  deposits  of  placer  gold. 
If  it  be  a  building  stone  or  other  deposit  than  gold  claimed  under 
the  placer  laws,  he  must  describe  fully  the  kind,  nature,  and  extent 
of  the  deposit,  stating  the  reasons  why  same  is  by  him  regarded  as 
a  valuable  mineral  claim.  He  will  also  be  required  to  describe 
fully  the  natural  features  of  the  claim;  streams,  if  any,  must  be 
fully  described  as  to  their  course,  amount  of  water  carried,  fall 
within  the  claim ;  and  he  must  state  kind  -and  amount  of  timber  and 
other  vegetation  thereon  and  adaptability  to  mining  or  other  uses. 

If  the  claim  be  all  placer  ground,  that  fact  must  be  stated  in  the 
application  and  corroborated  by  accompanying  proofs;  if  of  mixed 
placers  and  lodes,  it  should  be  so  set  out,  with  a  description  of  all 
known  lodes  situated  within  the  boundaries  of  the  claim.  A  specific 
declaration,  such  as  is  required  by  section  2333,  Revised  Statutes, 
must  be  furnished  as  to  each  lode  intended  to  be  claimed.  All 
other  known  lodes  are,  by  the  silence  of  the  applicant  excluded  by 
law  from  all  claim  by  him,  of  whatsoever  nature,  possessory  or 
otherwise. 

AVhile  this  data  is  required  as  a  part  of  the  mineral  surveyor's 
report  under  paragraph  167,  in  case  of  placers  taken  by  special 
survey,  it  is  proper  that  the  application  for  patent  incorporate  these 
facts  under  the  oath  of  the  claimant. 

Inasmuch  as  in  case  of  claims  taken  by  legal  subdivisions,  no 
report  by  a  mineral  surveyor  is  required,  the  claimant,  in  his  appli- 
cation in  addition  to  the  data  above  required,  should  describe  in 
detail  the  shafts,  cuts,  tunnels,  or  other  workings  claimed  as  im- 
provements, giving  their  dimensions,  value,  and  the  course  and  dis- 
tance thereof  to  the  nearest  corner  of  the  public  surveys. 

As  prescribed  by  paragraph  25,  this  statement  as  to  the  descrip- 
tion and  value  of  the  improvements  must  be  corroborated  by  the 
affidavits  of  two  disinterested  witnesses. 

Applications  awaiting  entry,  whether  published  or  not,  must  be 
made  to  conform  to  these  regulations,  with  respect  to  proof  as  to 
the  character  of  the  land.  Entries  already  made  will  be  suspended 
for  such  additional  proofs  as  may  be  deemed  necessary  in  each 
case. 

Local  land  officers  are  instructed  that  if  the  proofs  submitted 
in  placer  applications  under  this  paragraph  are  not  satisfactory  as 
showing  the  land  as  a  whole  to  be  placer  in  character,  or  if  the 
claims  impinge  upon  or  embrace  water  courses  or  bodies  of  water. 
and  thus  raise  a  doubt  as  to  the  bona  fides  of  the  location  and  appli- 
cation, or  the  character  and  extent  of  the  deposit  claimed  there- 
under, to  call  for  further  evidence,  or  if  deemed  necessary,  request 
the  specific  attention  of  the  Chief  of  Field  Service  thereto  in  con- 


418 

nection  with  the  usual  notification  to  him  under  the  circular  instruc- 
tions of  April  24,  1907,  and  suspend  further  action  on  the  applica- 
tion until  a  report  thereon  is  received  from  the  field  officer. 

MILL  SITES. 

61.  Land  entered  as  a  mill  site  must  be  shown  to  be  nonmineral. 
Mill  sites  are  simply  auxiliary  to  the  working  of  mineral  claims,  and 
as  section  2337,  which  provides  for  the  patenting  of  mill  sites,  is 
embraced  in  the  chapter  of  the  Revised  Statutes  relating  to  mineral 
lands,  they  are  therefore  included  in  this  circular. 

62.  To  avail  themselves  of  this  provision  of  law,  parties  hold- 
ing the  possessory  right  to  a  vein  or  lode  claim,  and  to  a  piece  of 
nonmineral  land  not  contiguous  thereto  for  milling  or  milling  pur- 
poses, not  exceeding  the  quantity  allowed  for  such  purpose  by  sec- 
tion 2337,  or  prior  laws,  under  which  the  land  was  appropriated,  the 
proprietors  of  such  vein  or  lode  may  file  in  the  proper  land  office 
their  application  for  a  patent,  under  oath,  in  manner  already  set 
forth  herein,  which  application,  together  with  the  plat  and  field 
notes,  may  include,  embrace,  and  describe,  in  addition  to  the  vein  or 
lode  claim,  such  contiguous  mill  site,  and  after  due  proceedings 
as  to  notice,  etc.,  a  patent  will  be  issued  conveying  the  same  as  one 
claim.     The  owner  of  a  patented  lode  may,  by  an  independent  ap- 
plication, secure  a  mill  site  if  good  faith  is  manifest  in  its  use  or 
occupation  in  connection  with  the  lode  and  no  adverse  claim  exists. 

63.  Where  the  original  survey  includes  a  lode  claim  and  also  a 
mill  site  the  lode  claim  should  be  described  in  the  plat  and  field 
notes  as  "Sur.  No.  37,  A,"  and  the  mill  site  as  "Sur.  No.  37,  B," 
or  whatever  may  be  its   appropriate  numerical   designation ;   the 
course  and  distance  from  a  corner  of  the  mill  site  to  a  corner  of  the 
lode  claim  to  be  invariably  given  in  such  plat  and  field  notes,  and  a 
copy  of  the  plat  and  notice  of  application  for  patent  must  be  con- 
spicuously posted  upon  the  mill  site  as  well  as  upon  the  vein  or  lode 
claim  for  the  statutory  period  of  sixty  days.     In  making  the  entry 
no  separate  receipt  or  certificate  need  be  issued  for  the  mill  site, 
but  the  whole  area  of  both  lode  and  mill  site  will  be  embraced  in 
one  entry,  the  price  being  five  dollars  for  each  acre  and  fractional 
part  of  an  acre  embraced  by  such  lode  and  mill-site  claim. 

64.  In  case  the  owner  of  a  quartz  mill  or  reduction  works  is  not 
the  owner  or  claimant  of  a  vein  or  lode  claim  the  law  permits  him  to 
make  application  therefor  in  the  same  manner  prescribed  herein  for 
mining  claims,  and  after  due  notice  and  proceedings,  in  the  absence 
of  a  valid  adverse  filing,  to  enter  and  receive  a  patent  for  his  mill 
site  at  said  price  per  acre. 

65.  In  every  case  there  must  be  satisfactory  proof  that  the  land 
claimed  as  a  mill  site  is  not  mineral  in  character,  which  proof  may, 
where  the  matter  is  unquestioned,  consist  of  the  sworn  statement  of 
two  or  more  persons  capable,  from  acquaintance  with  the  land,  to 
testify  understanding!}'. 

CITIZENSHIP. 

66.  The  proof  necessary  to  establish  the  citizenship  of  appli- 
cants for  mining  patents  must  be  made  in  the  following  manner: 
In  case  of  an  incorporated  company,  a  certified  copy  of  their  char- 


419 

acter  or  certificate  of  incorporation  must  be  filed.  In  ease  of  an 
association  of  persons  unincorporated,  the  affidavit  of  their  duly 
authorized  agent,  made  upon  his  own  knowledge  or  upon  informa- 
tion and  belief,  setting  forth  the  residence  of  each  person  forming 
such  association,  must  be  submitted.  This  affidavit  must  be  accom- 
panied by  a  power  of  attorney  from  the  parties  forming  such  asso- 
ciation, authorizing  the  person  who  makes  the  affidavit  of  citizen- 
ship to  act  for  them  in  the  matter  of  their  application  for  patent. 

67.  In  case  of  an  individual  or  an  association  of  individuals  who 
do  not  appear  by  their  duly  authorized  agent,  the  affidavit  of  each 
applicant,  showing  whether  he  is  a  native  or  naturalized  citizen, 
when  and  where  born,  and  his  residence,  will  be  required. 

68.  In  case  an  applicant  has  declared  his  intention  to  become  a 
citizen  or  has  been  naturalized,  his  affidavit  must  show  the  date, 
place,  and  the  court  before  which  he  declared  his  intention,  or  from 
which  his  certificate  of  citizenship  issued,  and  present  residence. 

69.  The  affidavit  of  the  claimant  as  to  his  citizenship  may  be 
taken  before  the  Register  or  Receiver,  or  any  other  officer  authorized 
to  administer  oaths  within  the  land  districts;  or,  if  the  claimant  is 
residing  beyond  the  limits  of  the  district,  the  affidavit  may  be  taken 
before  the  clerk  of  any  court  of  record  or  before  any  notary  public 
of  any  State  or  Territory. 

70.  If  citizenship  is  established  by  the  testimony  of  disinter- 
ested persons,  such  testimony  may  be  taken  at  any  place  before  any 
person  authorized  to  administer  oaths,  and  whose  official  character 
is  duly  verified. 

71.  No  entry  will  be  allowed  until  the  Register  has  satisfied 
himself,  by  careful  examination,  that  proper  proofs  have  been  filed 
upon  the  points  indicated  in  the  law  and  official  regulations.  Trans- 
fers made  subsequent  to  the  filing  of  the  application  for  patent  will 
not  be  considered,  but  entry  will  be  allowed  and  patent  issued  in  all 
cases  in  the  name  of  the  applicant  for  patent,  the  title  conveyed  by 
the  patent,  of  course,  in  each  instance  inuring  to  the  transferee  of 
such  applicant  where  a  transfer  has  been  made  pending  the  appli- 
cation for  patent. 

72.  The  mineral  entries  will  be  given  the  current  serial  num- 
bers according  to  the  provisions  of  the  circular  of  June  10,  1908, 
whether  the  same  are  of  lode  or  of  placer  claims  or  of  mill  sites. 

73.  In  sending  up  the  papers  in  a  case  the  Register  must  not 
omit  certifying  to  the  fact  that  the  notice  was  posted  in  his  office 
for  the  full  period  of  sixty  days,  such  certificate  to  state  distinctly 
when  such  posting  was  done  and  how  long  continued.     The  schedule 
of  papers,  form  4-252f,  should  accompany  the  returns  with  all  min- 
eral applications  and  entries  allowed. 

POSSESSORY  EIGHT. 

74.  The  provisions  of  section  2332,  Revised  Statutes,  will  greatly 
lessen  the  burden  of  proof,  more  especially  in  the  case  of  old  claims 
located  many  years  since,  the  records  of  which,  in  many  cases,  have 
been  destroyed  by  fire,  or  lost  in  other  ways  during  the  lapse  of 
time,  but  concerning  the  possessory  right  to  which  all  controversy 
or  litigation  has  long  been  settled. 

75.  When  an  applicant  desires  to  make  his  proof  of  possessory 
right  in  accordance  with  this   provision  of  law,  he  will  not  be 


420 

required  to  produce  evidence  of  location,  copies  of  conveyances,  or 
abstracts  of  title,  as  in  other  cases,  but  will  be  required  to  furnish  a 
duly  certified  copy  of  the  statute  of  limitation  of  mining  claims  for 
the  State  or  Territory,  together  with  his  sworn  statement  giving  a 
clear  and  succinct  narration  of  the  facts  as  to  the  origin  of  his  title, 
and  likewise  as  to  the  continuation  of  his  possession  of  the  mining 
ground  covered  by  his  application ;  the  area  thereof ;  the  nature  and 
extent  of  the  mining  that  has  been  done  thereon ;  whether  there  has 
been  any  opposition  to  his  possession,  or  litigation  with  regard  to  his 
claim,  and  if  so,  when  the  same  ceased ;  whether  such  cessation  was 
caused  by  compromise  or  by  judicial  decree,  and  any  additional 
facts  within  the  claimant's  knowledge  having  a  direct  bearing  upon 
his  possession  and  bona  fides  which  he  may  desire  to  submit  in 
support  of  his  claim. 

76.  There  should  likewise  be  filed  a  certificate,  under  seal  of  the 
court  having  jurisdiction  of  mining  cases  within  the  judicial  dis- 
trict embracing  the  claim,  that  no  suit  or  action  of  any  character 
whatever  involving  the  right  of  possession  to  any  portion  of  the 
claim  applied  for  is  pending,  and  that  there  has  been  no  litigation 
before  said  court  affecting  the  title  to  said  claim  or  any  part  thereof 
for  a  period  equal  to  the  time  fixed  by  the  statute  of  limitations  for 
mining  claims  in  the  State  or  Territory  as  aforesaid  other  than  that 
which  has  been  finally  decided  in  favor  of  the  claimant. 

77.  The  claimant  should  support  his  narrative  of  facts  relative 
to  his  possession,  occupancy,  and  improvements  by  corroborative 
testimony  of  any  disinterested  person  or  persons  of  credibility  who 
may  be  cognizant  of  the  facts  in  the  case  and  are  capable  of  testi- 
fying understandingly  in  the  premises. 

ADVERSE    CLAIMS. 

78.  An  adverse  claim  must  be  filed  with  the  Register  and  Re- 
ceiver of  the  land  office  where  the  application  for  patent  is  filed  or 
with  the  Register  and  Receiver  of  the  district  in  which  the  land  is 
situated  at  the  time  of  filing  the  adverse  claim.     It  must  be  on  the 
oath  of  the  adverse  claimant,  or  it  may  be  verified  by  the  oath  of 
any  duly  authorized  agent  or  attorney  in  fact  of  the  adverse  claim- 
ant cognizant  of  the  facts  stated. 

79.  Where  an  agent  or  attorney  in  fact  verifies  the  adverse 
claim,  he  must  distinctly  swear  that  he  is  such  agent  or  attorney, 
and  accompany  his  affidavit  by  proof  thereof. 

80.  The  agent  or  attorney  in  fact  must  make  the  affidavit  in 
verification  of  the  adverse  claim  within  the  land  district  where  the 
claim  is  situated. 

81.  The  adverse  claim  so  filed  must  fully  set  forth  the  nature 
and  extent  of  the  interference  or  conflict ;  whether  the  adverse  party 
claims  as  a  purchaser  for  valuable  consideration  or  as  a  locator. 
If  the  former,  a  certified  copy  of  the  original  location,  the  original 
conveyance,  a  duly  certified  copy  thereof,  or  an  abstract  of  title 
from  the  office  of  the  proper  recorder  should  be  furnished,  or  if  the 
transaction  was  a  merely  verbal  one  he  will  narrate  the  circum- 
stances attending  the  purchase,  the  date  thereof,  and  the  amount 
paid,  which  facts  should  be  supported  by  the  affidavit  of  one  or 
more  witnesses,  if  any  were  present  at  the  time,  and  if  he  claims  as 


421 

a  locator  he  must  file  a  duly  certified  copy  of  the  location  from  the 
office  of  the  proper  recorder. 

82.  In  order  that  the  "boundaries"  and  "extent"  of  the  claim 
may  be  sown,  it  will  be  incumbent  upon  the  adverse  claimant  to  file 
a  plat  showing  his  entire  claim,  its  relative  situation  or  position  with 
the  one  against  which  he  claims,  and  the  extent  of  the  conflict: 
Provided,  however,  That  if  the  application  for  patent  describes  the 
claim  by  legal  subdivisions,     the  adverse  claimant,  if  also  claim- 
ing by  legal  subdivisions,  may  describe  his  adverse  claim  in  the 
same  manner  without  further  survey  or  plat.     If  the  claim  is  not 
described  by  legal  subdivisions,  it  will  generally  be  more  satisfac- 
tory if  the  plat  thereof  is  made  from  an  actual  survey  by  a  mineral 
surveyor,  and  its  correctness  officially  certified  thereon  by  him. 

83.  Upon  the  foregoing  being  filed  within  the  sixty  days'  period 
of  publication,  the  Kegister,  or  in  his  absence  the  Receiver,  will 
immediately  give  notice  in  writing  to  the  parties  that  such  adverse 
claim  has  been  filed,  informing  them  that  the  party  who  filed  the 
adverse  claim  will  be  required  within  thirty  days  from  the  date  of 
such  filing  to  commence  proceedings  in  a  court  of  competent  juris- 
diction to  determine  the  question  of  right  of  possession,  and  to 
prosecute  the  same  with  reasonable  diligence  to  final  judgment,  and 
that,  should  such  adverse  claimant  fail  to  do  so,  his  adverse  claim 
will  be  considered  waived  and  the  application  for  patent  be  allowed 
to  proceed  upon  its  merits. 

84.  When  an  adverse  claim  is  filed  as  aforesaid,  the  Register  or 
Receiver  will  indorse  upon  the  same  the  precise  date  of  filing,  and 
preserve  a  record  of  the  date  of  notifications  issued  thereon;  and 
thereafter  all  proceedings  on  the   application  for  patent  will  be 
stayed,  with  the  exception  of  the  completion  of  the  publication  and 
posting  of  notices  and  plat  and  the  filing  of  the  necessary  proof 
thereof,  until  the  controversy  shall  have  been  finally  adjudicated  in 
court  or  the  adverse  claim  waived  or  withdrawn. 

85.  "Where  an  adverse  claim  has  been  filed  and  suit  thereon 
commenced  within  the  statutory  period  and  final  judgment  ren- 
dered determining  the  right  of  possession,  it  will  not  be  sufficient  to 
file  with  the  Register  a  certificate  of  the  clerk  of  the  court  setting 
forth  the  facts  as  to  such  judgment,  but  the  successful  party  must 
before  he  is  allowed  to  make  entry,  file  a  certified  copy  of  the  judg- 
ment roll,  together  with  the   other  evidence  required  by  section 
2326,  Revised  Statutes. 

86.  Where  such  suit  has  been  dismissed,  a  certificate  of  the 
clerk  of  the  court  to  that  effect  or  a  certified  copy  of  the  order  of 
dismissal  will  be  sufficient. 

87.  After  an  adverse  claim  has  been  filed  and  suit  commenced, 
a  relinquishment  or  other  evidence  of  abandonment  of  the  adverse 
claim  will  not  be  accepted,  but  the  case  must  be  terminated  and 
proof  thereof  furnished  as  required  by  the  last  two  paragraphs. 

88.  Where  an  adverse  claim  has  been  filed,  but  no  suit  com- 
menced against  the  applicant  for  patent  within  the  statutory  period, 
a  certificate  to  that  effect  by  the  clerk  of  the  State  court  having 
jurisdiction  in  the  case,  and  also  by  the  clerk  of  the  circuit  court  of 
the  United  States  for  the  district  in  which  the  claim  is  situated,  will 
be  required. 


422 


APPOINTMENT  OF  SURVEYORS  FOR  SURVEY  OF  MINING  CLAIMS 

AND  CHARGES. 

89.  Section  2334  provides  for  the  appointment  of  surveys  to 
survey  mining  claims,  and  authorizes  the  Commissioner  of  the  Gen- 
eral Land  Office  to  establish  the  rates  to  be  charged  for  surveys  and 
for  newspaper  publications.     Under  this  authority  of  law  the  fol- 
lowing rates  have  been  established  as  the  maximum  charges  for 
newspaper  publications  in  mining  cases : 

(1)  Where  a  daily  newspaper  is  designated  the  charge  shall 
not  exceed  seven  dollars  for  each  ten  lines  of  space  occupied,  and 
where  a  weekly  newspaper  is  designated  as  the  medium  of  publica- 
tion five  dollars  for  the  same  space  will  be  allowed.     Such  charge 
shall  be  accepted  as  full  payment  for  publication  in  each  issue  of 
the  newspaper  for  the  entire  period  required  by  law. 

It  is  expected  that  these  notices  shall  not  be  so  abbreviated  as  to 
curtail  the  description  essential  to  a  perfect  notice,  and  the  said 
rates  established  upon  the  understanding  that  they  are  to  be  in  the 
usual  body  type  used  for  advertisements. 

(2)  For  the  publication  of  citations  in  contests  or  hearings 
involving  the  character  of  lands  the  charges  shall  not  exceed  eight 
dollars  for  five  publications  in  weekly  newspapers  or  ten  dollars 
for  publications  in  daily  newspapers  for  thirty  days. 

90.  The  surveyors-general  of  the  several  districts  will,  in  pur- 
suance of  said  law,  appoint  in  each  land  district  as  many  competent 
surveyors  for  the  survey  of  mining  claims  as  may  seek  such  appoint- 
ment,  it   being   distinctly  understood  that   all   expenses   of  these 
notices  and  surveys  are  to  be  borne  by  the  mining  claimants  and 
not  by  the  United  States.     The  statute  provides  that  the  claimant 
shall  also  be  at  liberty  to  employ  any  United  States  mineral  sur- 
veyor to  make  the   survey.     Each  surveyor  appointed  to  survey 
mining   claims   before   entering   upon   the    duties   of  his   office    or 
appointment  shall  be  required  to  enter  into  a  bond  of  not  less  than 
$5,000  for  the  faithful  performance  of  his  duties. 

91.  With  regard  to  the  platting  of  the  claim  and  other  office 
work  in  the  surveyor-general's  office,  that  officer  will  make  an  esti- 
mate of  the  cost  thereof,  which  amount  the  claimant  will  deposit 
\vith  any  assistant  United  States  treasurer  or  designated  depository 
in  favor  of  the  United  States  treasurer,  to  be  passed  to  the  credit 
of  the  fund  created  by  "individual  depositors  for  surveys  of  the 
public  lands,"  and  file  with  the  surveyor-general  duplicate  certifi- 
cates of  such  deposit  in  the  usual  manner. 

92.  The  surveyors-general  will  endeavor  to  appoint  surveyors 
to  survey  mining  claims  so  that  one  or  more  may  be  located  in  each 
mining  district  for  the  greater  convenience  of  miners. 

93.  The  usual  oaths  will  be  required  of  these  surveyors  and 
their  assistants  as  to  the  correctness  of  each  survey  executed  by 
them. 

The  duty  of  the. surveyor  ceases  when  he  has  executed  the  sur- 
vey and  returned  the  field  notes  and  preliminary  plat  thereof  with 
his  report  to  the  survey  or- general.  He  will  not  be  allowed  to  pre- 
pare for  the  mining  claimant  the  papers  in  support  of  an  applica- 
tion for  patent,  or  otherwise  perform  the  duties  of  an  attorney 
before  the  land  office  in  connection  with  a  mining  claim. 


423 

The  surveyors-general  and  local  land  officers  are  expected  to 
report  any  infringement  of  this  regulation  to  this  office. 

94.  Should  it  appear  that  excessive  or  exorbitant  charges  have 
been  made  by  any  surveyor  or  any  publisher,  prompt  action  will  be 
taken  with  the  view  of  correcting  the  abuse. 

FEES  OF  REGISTERS  AND  RECEIVERS. 

95.  The  fees  payable  to  the  Register  and  Receiver  for  filing 
and  acting  upon  applications  for  mineral-land  patents  are  five  dol- 
lars to  each  officer,  to  be  paid  by  the  applicant  for  patent  at  the 
time  of  filing,  and  the  like  sum  of  five  dollars  is  payable  to  each 
officer  by  an  adverse  judgment  at     the  time  of  filing  his  adverse 
claim.     (Sec.  2238,  R.  S.,  par  9.) 

[Paragraphs  96,  97,  and  98  are  superseded  by  the  general  cir- 
cular instructions  of  June  10,  1908.] 

HEARINGS  TO  DETERMINE  CHARACTER  OF  LANDS. 

99.  The  Rules  of  Practice  in  cases  before  the  United  States 
district  land  offices,  the  General  Land  Office,  and  the  Department 
of  the  Interior  will,  so  far  as  applicable,  govern  in  all  cases  and 
proceedings  arising  in  contests  and  hearings  to  determine  the  char- 
acter of  lands. 

100.  Public  land  returned  by  the  surveyor-general  as  mineral 
shall  be  withheld  from  entry  as  agricultural  land  until  the  pre- 
sumption arising  from  such  a  return  shall  be  overcome  by  testi- 
mony taken  in  the  manner  hereinafter  described. 

101.  Hearings  to  determine  the  character  of  lands: 

(1)  Lands  returned  as  mineral  by  the  survey  or- general. 
"When  such  lands  are  sought  to  be  entered  as  agricultural  under 

laws  which  require  the  submission  of  final  proof  after  due  notice 
by  publication  and  posting,  the  filing  of  the  proper  nonmineral 
affidavit  in  the  absence  of  allegations  that  the  land  is  mineral  will 
be  deemed  sufficient  as  preliminary  requirement.  A  satisfactory 
showing  as  to  character  of  land  must  be  made  when  final  proof  is 
submitted. 

In  case  of  application  to  enter,  locate,  or  select  such  lands  as 
agricultural,  under  laws  in  which  the  submission  of  final  proof  after 
due  publication  and  posting  is  not  required,  notice  thereof  must 
first  be  given  by  publication  for  sixty  days  and  posting  in  the  local 
office  during  the  same  period,  and  affirmative  proof  as  to  the  char- 
acter of  the  land  submitted.  In  the  absence  of  allegations  that  the 
land  is  mineral,  and  upon  compliance  with  this  requirement,  the 
entry,  location,  or  selection  will  be  allowed,  if  otherwise  regular. 

(2)  Lands  returned  as  agricultural  and  alleged  to  be  mineral 
in  character. 

Where  as  against  the  claimed  right  to  enter  such  lands  as  agri- 
cultural it  is  alleged  that  the  same  are  mineral,  or  are  applied  for 
as  mineral  lands,  the  proceedings  in  this  class  of  cases  will  be  in  the 
nature  of  a  contest,  and  the  practice  will  be  governed  by  the  rules 
in  force  in  contest  cases. 

[Paragraphs  102  to  104,  inclusive,  are  superseded  by  appro- 
priate instructions  relative  to  nonmineral  proofs  in  railroad,  State, 
and  forest  lieu  selections  contained  in  separate  circulars.] 

105.     At  hearings  to  determine  the  character  of  lands  the  claim- 


424 

ants  and  witnesses  will  be  thoroughly  examined  with  regard  to  the 
character  of  the  land ;  whether  the  same  has  been  thoroughly  pros- 
pected; whether  or  not  there  exists  within  the  tract  or  tracts 
claimed  any  lode  or  vein  of  quartz  or  other  rock  in  place  bearing 
gold,  silver,  cinnabar,  lead,  tin,  or  copper,  or  other  valuable  deposit, 
which  has  ever  been  claimed,  located,  recorded,  or  worked ;  whether 
such  work  is  entirely  abandoned,  or  whether  occasionally  resumed; 
if  such  lode  does  exist,  by  whom  claimed,  under  what  designation, 
and  in  which  subdivision  of  the  land  it  lies;  whether  any  placer 
mine  or  mines  exist  upon  the  land ;  if  so,  what  is  the  character 
thereof — whether  of  the  shallow-surface  description,  or  of  the  deep 
cement,  blue  lead,  or  gravel  deposits;  to  what  extent  mining  is  car- 
ried on  when  water  can  be  obtained,  and  what  the  facilities  are  for 
obtaining  water  for  mining  purposes;  upon  what  particular  ten- 
acre  subdivisions  mining  has  been  done,  and  at  what  time  the  land 
was  abandoned  for  mining  purposes,  if  abandoned  at  all.  In  every 
case,  where  practicable,  an  adequate  quantity  or  number  of  repre- 
sentative samples  of  the  alleged  mineral-bearing  matter  or  material 
should  be  offered  in  evidence,  with  proper  identification,  to  be  con- 
sidered in  connection  with  the  record,  with  which  they  will  be 
transmitted  upon  each  appeal  that  may  be  taken.  Testimony  may 
be  submitted  as  to  the  geological  formation  and  development  of 
mineral  on  adjoining  or  adjacent  lands  and  their  relevancy. 

106.  The  testimony  should  also  show  the  agricultural  capaci- 
ties of  the  land,  what  kind  of  crops  are  raised  thereon,  and  the 
value  thereof;  the  number  of  acres  actually  cultivated  for  crops 
of  cereals  or  vegetables,  and  within  which  particular  ten-acre  sub- 
division such  crops  are  raised;   also  which   of  these   subdivisions 
embrace  the  improvements,  giving  in  detail  the  extent  and  value  of 
the  improvements,  such  as  house,  barn,  vineyard,  orchard,  fencing, 
etc.,  and  mining  improvements. 

107.  The  testimony  should  be  as  full  and  complete  as  possible ; 
and  in  addition  to  the  leading  points  indicated  above,  where  an 
attempt  is  made  to  prove  the  mineral  character  of  lands  which  have 
been  entered  under  the  agricultural  laws,  it  should  show  at  what 
date,  if  at  all,  valuable  deposits  of  minerals  were  first  known  to 
exist  on  the  lands. 

108.  When  the  case  comes  before  this  office,  such  decision  will 
be  made  as  the  law  and  the  facts  may  justify.     In  cases  where  a 
survey  is  necessary  to  set  apart  the  mineral  from  the  agricultural 
land,  the  proper  party,  at  his  own  expense,  will  be  required  to  have 
the  work  done  by  a  reliable  and  competent  surveyor  to  be  desig- 
nated   by    the    surveyor-general.    Application    therefor    must    be 
made  to  the  Register  and  Receiver,  accompanied  by  description  of 
the  land  to  be  segregated  and  the  evidence  of  service  upon  the 
opposite  party  of  notice  of  his  intention  to  have  such  segregation 
made.     The  Register  and  Receiver  will  forward  the  same  to  this 
office,  when  the  necessary  instructions  for  the  survey  will  be  given. 
The  survey  in  such  case,  where  the  claims  to  be  segregated  are 
vein  or  lode  claims,  must  be  executed  in  such  manner  as  will  con- 
form to  the  requirements  in  section  2320,  Revised  Statutes,  as  to 
length  and  width  and  parallel  end  lines. 

109.  Such  survey  when  executed  must  be  properly  sworn  to 
by  the  surveyor,  either  before  a  notary  public,  United  States  com- 


425 

missioner,  officer  of  a  court  of  record,  or  before  the  Register  or 
Receiver,  the  deponent's  character  and  credibility  to  be  properly 
certified  to  by  the  officer  administering  the  oath. 

110.  Upon  the  filing  of  the  plat  and  field  notes  of  such  survey 
with  the  Register  and  Receiver,  duly  sworn  to  as  aforesaid,  they 
will  transmit  the  same  to  the  surveyor-general  for  his  verification 
and  approval,  who,  if  he  finds  the  work  correctly  performed,  will 
furnish  authenticated  copies  of  such  plat  and  description  both  to 
the  proper  local  land  office  and  to  this  office,  made  upon  the  usual 
drawing-paper  township  blank. 

The  copy  of  plat  furnished  the  local  office  and  this  office  must 
be  a  diagram  verified  by  the  surveyor-general,  showing  the  claim 
or  claims  segregated,  and  designating  the  separate  fractional  agri- 
cultural tracts  in  each  40-acre  legal  subdivision  by  the  proper  lot 
number,  beginning  with  No.  1  in  each  section,  and  giving  the  area 
in  each  lot,  the  same  as  provided  in  paragraph  37  in  the  survey  of 
mining  claims  on  surveyed  lands. 

111.  The  fact  that  a  certain  tract  of  land  is  decided  upon  testi- 
mony to  be  mineral  in  character  is  by  no  means  equivalent  to  an 
award  of  the  land  to  a  miner.     In  order  to  secure  a  patent  for 
such  land,  he  must  proceed  as  in  other  cases,  in  accordance  with 
the  foregoing  regulations. 

Blank  forms  for  proofs  in  mineral  cases  are  not  furnished  by 
the  General  Land  Office. 

DISTRICT  OF  ALASKA. 

112.  Section  13,  Act  of  May  14,  1898,  according  to  native-born 
citizens  of  Canada  "the  same  mining  rights  and  privileges"  in  the 
district  of  Alaska  as  are  accorded  to  citizens  of  the  United  States 
in  British  Columbia  and  the  Northwest  Territory  by  the  laws  of 
the  Dominion  of  Canada,  is  not  now  and  never  has  been  operative, 
for  the  reason  that  the  only  mining  rights  and  privileges  granted 
to  any  person  by  the  laws  of  the  Dominion  of  Canada  are  those  of 
leasing  mineral  lands  upon  the  payment  of  a  stated  royalty,  and 
the  mining  laws  of  the  United  States  make  no  provision  for  such 
leases. 

113.  For  the  sections  of  the  Act  of  June  6,  1900,  making  fur- 
ther provision  for  a  civil  government  for  Alaska,  which  provide 
for  the  establishment  of  recording  districts  and  the  recording  of 
mining  locations;  for  the  making  of  rules  and  regulations  by  the 
miners  and  for  the  legalization  of  mining  records;  for  the  exten- 
sion of  the  mining  laws  to  the   district  of  Alaska,   and   for  the 
exploration  and  mining  of  tide  lands  and  lands  below  low  tide ; 
and  relating  to  the  rights  of  Indians  and  persons  conducting  schools 
or  missions,  see  page  21  of  this  circular. 

MINERAL  LANDS  WITHIN  NATIONAL  FORESTS. 

114.  The   Act   of  June   4,   1897,   provides  that   "any   mineral 
lands  in  any  forest  reservation  which  have  been  or  which  may  be 
shown  to  be  such,  and  subject  to  entry  under  the  existing  mining 
laws  of  the  United  States  and  the  rules  and  regulations  applying 
thereto,  shall  continue  to  be  subject  to  such  location  and  entry," 
notwithstanding  the  reservation.     This  makes  mineral  lands  in  the 


426 

forest  reserves  subject  to  location  and   entry  under  the  general 
mining  laws  in  the  usual  manner. 

The  Act  also  provides  that  "The  Secretary  of  the  Interior  may 
permit,  under  regulations  to  be  prescribed  by  him,  the  use  of  tim- 
ber and  stone  found  upon  such  reservations,  free  of  charge,  by  bona 
fide  settlers,  miners,  residents,  and  prospectors  for  minerals,  for 
firewood,  fencing,  buildings,  mining,  prospecting,  and  other  do- 
mestic purposes,  as  may  be  needed  by  such  persons  for  such  pur- 
poses ;  such  timber  to  be  used  within  the  State  or  Territory,  respec- 
tively, where  such  reservations  may  be  located." 

Transfer  of  National  Forests. 
Act  of  February  1,  1905  (33  Stat.,  628.). 

The  Secretary  of  the  Department  of  Agriculture  shall,  from  and 
after  the  passage  of  this  Act,  execute  or  cause  to  be  executed  all 
laws  affecting  public  lands  heretofore  or  hereafter  reserved  under 
the  provisions  of  section  twenty-four  of  the  Act  entitled  "An  Act 
to  repeal  the  timber-culture  laws,  and  for  other  purposes,"  ap- 
proved March  3,  1891,  and  Acts  supplemental  to  and  amendatory 
thereof,  after  such  lands  have  been  so  reserved,  excepting  such 
laws  as  affect  the  surveying,  prospecting,  locating,  appropriating, 
entering,  relinquishing,  reconveying,  certifying,  or  patenting  of 
any  of  such,  lands. 

(For  further  information  see  Use  Book — Forest  Service.) 

SUBVEYS  OF  MINING  CLAIMS. 
General  Provisions. 

115.  Under  section  2334,  Revised  Statutes,  the  U.  S.  surveyor- 
general   "may   appoint   in   each   land   district    containing   mineral 
lands  as  many  competent  surveyors  as  shall  apply  for  appointment 
to  surveying  mining  claims." 

116.  Persons  desiring  such  appointment  should  therefore  file 
their  applications  with  the  surveyor-general  for  the  district  wherein 
appointment  is  asked,  who  will  furnish  all  information  necessary. 

117.  All  appointments  of  mineral  surveyors  must  be  submitted 
to  the  Commissioner  of  the  General  Land  office  for  approval. 

118.  The  surveyors-general  have  authority  to  suspend  or  revoke 
the    commissions  .  of    mineral    surveyors    for    cause.     Before    final 
action,  however,  the  matter  should  be  submitted  to  the  Commis- 
sioner of  the  General  Land  Office  for  approval. 

119.  Such  surveyors  will  be  allowed  the  right  of  appeal  from 
the  action  of  the  surveyor-general  in  the  usual  manner.     Such  ap- 
peal should  be  filed  with  the  surveyor-general,  who  will  at  once 
transmit  the  same,  with  a  full  report,  to  the  General  Land  Office. 

120.  Neither  the  surveyor-general  nor  the  Commissioner  of  the 
General  Land  Office  has  jurisdiction  to  settle  differences,  relative 
to  the  payment  of  charges  for  field  work,  between  mineral  sur- 
veyors and  claimants.     These  are  matters  of  private  contract  and 
must  be  enforced  in  the  ordinary  manner,  i.  e.,  in  the  local  courts. 
The   Department   has,   however,   authority   to    investigate    charges 
affecting  the  official  actions  of  mineral  surveyors,  and  will,  on  suf- 
ficient cause  shown,  suspend  or  revoke  their  appointment. 


427 

121.  The  surveyors-general  should  appoint  as  many  competent 
mineral  surveyors  as  apply  for  appointment,  in  order  that  claim- 
ants may  have  a  choice  of  surveyors,  and  be  enabled  to  have  their 
work  done  on  the  most  advantageous  terms. 

122.  The  schedule  of  charges  for  office  work  should  be  as  low 
as  is  possible.     No  additional  charges  should  be  made  for  orders  for 
amended  surveys,  unless  the  necessity  therefor  is  clearly  the  fault 
of  the  claimant,  or  considerable  additional  office  work  results  there- 
from. 

123.  [Omitted.] 

124.  Mineral  surveyors  will  address  all  official  communications 
to  the  surveyor-general.     They  will,  when  a  mining  claim  is  the 
subject  of  correspondence,  give  the  name  and  survey  number.     In 
replying  to  letters  they  will  give  the  subject-matter  and  date  of  the 
letter.     They   will   promptly   notify  the   surveyor-general   of   any 
change  in  postoffice  address. 

125.  Mineral  surveyors  should  keep  a  complete  record  of  each 
survey  made  by  them  and  the  facts  coming  to  their  knowledge  at  the 
time,  as  well  as  copies  of  all  their  field  notes,  reports  and  official  cor- 
respondence,  in   order   that   such   evidence   may   be   readily   pro- 
duced when  called  for  at  any  future  time.     Field  notes  and  other 
reports  must  be  written  in  a  clear  and  legible  hand  or  typewritten, 
in  non-copying  ink,  and  upon  the  proper  blanks  furnished  gratuit- 
ously by  the  surveyor-general's  office  upon  application  therefor. 
No  interlineations  or  erasures  will  be  allowed. 

126.  No  return  by  a  mineral  surveyor  will  be  recognized  as 
official  unless  it  is  over  his  signature  as  a  United  States  mineral 
surveyor,  and  made  in  pursuance  of  a  special  order  from  the  sur- 
veyor-general's office.     After  he  has  received  an  order  for  survey 
he  is  required  to  make  the  survey  and  return  correct  field  notes 
thereof  to  the  surveyor-general's  office  without  delay. 

127.  The  claimant  is  required,  in  all  cases,  to  make  satisfac- 
tory arrangements  with  the  surveyor  for  the  payment  for  his  serv- 
ices and  those  of  his  assistants  in  making  the  survey,  as  the  United 
States  will  not  be  held  responsible  for  the  same. 

128.  A  mineral  surveyor  is  precluded  from  acting,  either  di- 
rectly or  indirectly,  as  attorney  in  mineral  claims.     His  duty  in  any 
particular    case    ceases    when    he    has    executed    the    survey    and 
returned  the  field  notes  and  preliminary  plat,  with  his  report,  to 
the  surveyor-general.     He  will  not  be  allowed  to  prepare  for  the 
mining  claimant  the  papers  in  support  of  his  application  for  patent, 
or  otherwise  perform  the  duties  of  an  attorney  before  the  land 
office  in  connection  with  a  mining  claim.     He  is  not  permitted  to 
combine  the  duties  of  surveyor  and  notary  public  in  the  same  case 
by  administering  oaths  to  the  parties  in  interest.     It  is  preferable 
that  both  preliminary  and  final  oaths  of  assistants  should  be  taken 
before  some  officer  duly  authorized  to  administer  oaths,  other  than 
the  mineral  surveyor.     In  cases,  however,  where  great  delay,  ex- 
pense, or  inconvenience  would  result  from  a  strict  compliance  with 
this   rule,  the  mineral  surveyor  is   authorized  to   administer   the 
necessary  oaths  to  his  assistants,  but  in  each  case  where  this  is 
done,  he  will  submit  to  the  proper  surveyor-general  a  full  written 
report  of  the  circumstances  which  required  his  stated  action ;  other- 
wise he  must  have  absolutely  nothing  to  do  with  the  case,  except  in 


428 

his  official   capacity  as  surveyor.     lie  will  not   employ   chainmen 
interested  therein  in  any  manner. 

Method  of  Survey. 

129.  The  survey  made  and  returned  must,  in  every  case,  be  an 
actual  survey  on  the  ground  in  full  detail,  made  by  the  mineral 
surveyor  in  person  after  the  receipt  of  the  order,  and  without  ref- 
erence to  any  knowledge  he  may  have  previously  acquired  by  rea- 
son of  having  made  the  location  survey  or  otherwise,  and  must 
show  the  actual  facts  existing  at  the  time.    This  precludes  him  from 
calculating  the  connections  to  corners  of  the  public  survey  and  loca- 
tion monuments,  or  any  other  lines  of  his  survey  through  prior  sur- 
veys made  by  others  and  substituting  the  same  for  connections  or 
lines  of  the  survey  returned  by  him.     The  term  survey  in  this  para- 
graph applies  not  only  to  the  usual  field  work,  but  also  to  the 
examinations  required  for  the  preparation  of  affidavits  of  five  hun- 
dred dollars  expenditure,  descriptive  reports  on  placer  claims,  and 
all  other  reports. 

130.  The  survey  of  a  mining  claim  may  consist  of  several  con- 
tiguous locations,  but  such  survey  must,  in  conformity  with  statu- 
tory requirements,   distinguish   the  several  locations,   and   exhibit 
the  boundaries  of  each.     The  survey  will  be  given  but  one  number. 

131.  The  survey  must  be  made  in  strict  conformity  with,  or  be 
embraced  within,  the  lines  of  the  location  upon  which  the  order  is 
based.    If  the  survey  and  location  are  identical,  that  fact  must  be 
clearly  and  distinctly  stated  in  the  field  notes.     If  not  identical,  a 
bearing  and  distance  must  be  given  from  each  established  corner  of 
survey  to  the  corresponding  corner  of  the  location,  and  the  location 
corner  must  be  fully  described,  so  that  it  can  be  identified.     The 
lines  of  the  location,  as  found  upon  the  ground,  must  be  laid  down 
upon  the  preliminary  plat  in  such  a  manner  as  to  contrast  and  show 
their  relation  to  the  lines  of  survey. 

132.  In  view  of  the  principle  that  courses  and  distances  must 
give  way  when  in  conflict  with  fixed  objects  and  monuments,  the 
surveyor  will  not,  under  any  circumstances,  change  the  corners  of 
the  location  for  the  purpose  of  making  them  conform  to  the  descrip- 
tion in  the  record.     If  the  difference  from  the  location  be  slight, 
it  may  be  explained  in  the  field  notes. 

133.  No   mining   claim   located   subsequent  to   May   10,   1872, 
should  exceed  the  statutory  limit  in  width  on  each  side  of  the  cen- 
ter of  vein  or  1,500  feet  in  length,  and  all  surveys  must  close  within 
50-100  feet  in  1,000  feet,  and  the  error  must  not  be  such  as  to 
make  the  location  exceed  the  statutory  limit,  and  in  absence  of 
other  proof  the  discovery  point  is  held  to  be  the  center  of  the  vein 
on  the   surface.     The   course   and   length   of  the   vein  should   be 
marked  upon  the  plat. 

134.  All  mineral  surveys  must  be  made  with  a  transit,  with  or 
without   solar  attachment,   by  which  the   meridian   can  be   deter- 
mined independently  of  the  magnetic  needle,  and  all  courses  must 
be  referred  to  the  true  meridian.     The  variation  should  be  noted 
at  each  corner  of  the  survey.    The  true  course  of  at  least  one  line 
of  each  survey  must  be  ascertained  by  astronomical  observations 
made  at  the  time  of  the  survey ;  the  data  for  determining  the  same 
and  details  as  to  how  these  data  were  arrived  at  must  be  given.  Or, 


429 

in  lieu  of  the  foregoing,  the  survey  must  be  connected  with  some 
line  the  true  course  of  which  has  been  previously  established 
beyond  question,  and  in  a  similar  manner,  and,  when  such  lines 
exist,  it  is  desirable  in  all  cases  that  they  should  be  used  as  a  proof 
of  the  accuracy  of  subsequent  work. 

135.  Corner  No.  1  of  each  location  embraced  in  a  survey  must 
be  connected  by  course  and  distance  with  nearest  corner  of  the 
public  survey  or  with  a  United  States  location  monument,  if  the 
claim  lies  within  two  miles  of  such  corner  or  monument.     If  both 
are  within  the  required  distance,  the  connection  must  be  with  the 
corner  of  the  public  survey. 

136.  Surveys  and  connections  of  mineral  claims  may  be  made 
in  suspended  townships  in  the  same  manner  as  though  the  claims 
were  upon  unsurveyed   land,   except   as  hereinafter   specified,   by 
connecting  them  with  independent   mineral   monuments.     At   the 
same  time,  the  position  of  any  public-land  corner  which  may  be 
found  in  the  neighborhood  of  the  claim  should  be  noted,  so  that, 
in  case  of  the  release  of  the  township  from  suspension,  the  position 
of  the  claim  can  be  shown  on  the  plat. 

137.  A  mineral  survey  must  not  be  returned  with  its  connection 
made  only  with  a  corner  of  the  public  survey,  where  the  survey  of 
the  township  within  which  it  is  situated  is  under  suspension,  nor 
connected  with  a  mineral  monument  alone,  when  situated  within 
the  limits   of  a  township   the  regularity   and   correctness  of  the 
survey  of  which  is  unquestioned. 

138.  In  making  an  official  survey,  corner  No.  1  of  each  location 
must  be  established  at  the  corner  nearest  the  corner  of  the  public 
survey  or  location  monument,  unless  good  cause  is  shown  for  its 
being  placed  otherwise.     If  connections  are  given  to  both  a  corner 
of  the  public  survey  and  location  monument,  corners  Nos.  1  should 
be  placed  at  the  corner  nearest  the  corner  of  the  public  survey. 
When  a  boundary  line  of  a  claim  intersects  a  section  line,  courses 
and  distances  from  point  of  intersection  to  the  Government  cor- 
ners at  each  end  of  the  half  mile  of  section  line  so  intersected  must 
be  given. 

139.  In  case  a  survey  is  situated  in  a  district  where  there  are 
no   corners   of  the  public  survey   and   no   monuments  within  the 
prescribed  limits,  a  mineral  monument  must  be  established,  in  the 
location  of  which  the  greatest  care  must  be  exercised  to  insure 
permanency  as  to  site  and  construction. 

140.  The   site,   when   practicable,    should   be   some  prominent 
point,  visible  for  a  long  distance  from  every  direction,  and  should 
be  so  chosen  that  the  permanency  of  the  monument  will  not  be 
endangered  by  snow,  rock,  or  landslides,  or  other  natural  causes. 

141.  The  monument  should  consist  of  a  stone  not  less  than  30 
inches  long,  20  inches  wide,  and  6  inches  thick,  set  halfway  in  the 
ground,  with  a  conical  mound  of  stone  4  feet  high  and  6  feet  base 
alongside.     The  letters  TJ.  S.  L.  M.,  followed  by  the  consecutive 
number  of  the  monument  in  the  district,  must  be  plainly  chiseled 
upon  the  stone.     If  impracticable  to  obtain  a  stone  of  required 
dimensions,  then  a  post  8  feet  long,  6  inches  square,  set  3  feet 
in  the  ground,  scribed  as  for  a  stone  monument,  protected  by  a 
well-built   conical   mound   of  stone   of  not   less  than   3   feet   high 
and  6  feet  base  around  it,  may  be  used.    The  exact  point  for  con- 


430 

nection  must  be  indicated  on  the  monument  by  an  X  chiseled 
hereon;  if  a  post  is  used,  then  a  tack  must  be  driven  into  the  post 
to  indicate  the  point. 

142.  From  the  monument,  connections  by  course  and  distance 
must  be  taken  to  two  or  three  bearing  trees  or  rocks,  and  to  any 
well-known  and  permanent  objects  in  the  vicinity,  such  as  the  con- 
fluence of  streams,  prominent  rocks,  buildings,  shafts,  or  mouths 
of  adits.    Bearing  trees  must  be  properly  scribed  B.  T.  and  bearing 
rocks  chiseled  B.  R.,  together  with  the  number  of  the  location  monu- 
ment ;  the  exact  point  on  the  tree  or  stone  to  which  the  connection 
is  taken  should  be  indicated  by  a  cross  or  other  unmistakable  mark. 
Bearings  should  also  be  taken  to  prominent  mountain  peaks,  and 
the  approximate  distance  and  direction  ascertained  from  the  near- 
est town  or  mining  camp.     A  detailed  description  of  the  locating 
monument,   with   a   topographical  map   of  its  location,   should  be 
furnished  the  office  of  the  Surveyor-General  by  the  surveyor. 

143.  Corners  may  consist  of — 

First. — A  stone  at  least  24  inches  long  set  12  inches  in  the 
ground,  with  a  conical  mound  of  stone  l1/^  feet  high,  2  feet  base, 
alongside. 

Second. — A  post  at  least  3  feet  long  by  4  inches  square,  set  18 
inches  in  the  ground  and  surrounded  by  a  substantial  mound  of 
stone  or  earth. 

Third. — A  rock  in  place. 

A  stone  should  always  be  used  for  a  corner  when  possible,  and 
when  so  used  the  kind  should  be  stated. 

144.  All  corners  must  be  established  in  a  permanent  and  work- 
manlike manner,  and  the  corner  and  survey  number  must  be  neatly 
chiseled  or  scribed  on  the  sides  facing  the  claim.    The  exact  corner 
point  must  be  permanently  indicated  on  the  corner.     When  a  rock 
in  place  is  used,  its  dimensions  above  ground  must  be  stated  and 
a  cross  chiseled  at  the  exact  corner  point. 

145.  In  case  the  point  for  the  corner  be  inaccessible  or  unsuit- 
able a  witness  corner,  which  must  be  marked  with  the  letters  W. 
C.  in  addition  to  the  corner  and  survey  number,  should  be  estab- 
lished.    The  witness  corner  should  be  located  upon  a  line  of  the 
survey  and  as  near  as  possible  to  the  true  corner,  with  which  it 
must  be  connected  by  course  and  distance.     The  reason  why  it  is 
impossible  or  impracticable  to  establish  the  true  corner  must  always 
be  stated  in  the  field   notes,  and  in  running  the  next   course   it 
should  be  stated  whether  the  start  is  made  from  the  true  place  for 
corner  or  from  witness  corner. 

146.  The  identity  of  all  corners  should  be  perpetuated  by  tak- 
ing courses  and  distances  to  bearing  trees,  rocks,  and  other  objects, 
as   prescribed   in   the   establishment    of  location   monuments,    and 
when  no  bearings  are  given  it  should  be  stated  that  no  bearings  are 
available.      Permanent    objects    should    be    selected    for    bearings 
whenever  possible. 

147.  If  an  official  mineral  survey  has  been  made  in  the  vicinity, 
within  a  reasonable  distance,  a  further  connecting  line  should  be 
run  to  some  corner  thereof;  and  in  like  manner  all  conflicting  sur- 
veys and  locations  should  be  so  connected,  and  the  corner  with 
which  connection  is  made  in  each  case  described.    Such  connections 


431 

will  be  made  and  conflicts  shown  according  to  the  boundaries  of 
the  neighboring  or  conflicting  claims  as  each  is  marked,  defined, 
and  actually  established  upon  the  ground.  The  mineral  surveyor 
will  fully  and  specifically  state  in  his  return  how  and  by  what 
visible  evidences  he  was  able  to  identify  on  the  ground  the  several 
conflicting  surveys  and  those  which  appear  according  to  their 
returned  tie  or  boundary  lines  to  conflict,  if  they  were  so  identified, 
and  report  errors  or  discrepancies  found  by  him  in  any  such  sur- 
veys. In  the  survey  of  contiguous  claims  which  constitute  a  con- 
solidated group,  where  corners  are  common,  bearings  should  be 
mentioned  but  once. 

148.  The  mineral  surveyor  should  note  carefully  all  topographi- 
cal features  of  the  claim,  taking  distances  on  his  lines  to  inter- 
sections   with    all    streams,    gulches,    ditches,    ravines,    mountain 
ridges,   roads,   trails,   etc.,   with   their   widths,   courses,   and   other 
data  that  may  be  required  to  map  them  correctly.     All  municipal 
or  private  improvements,   such  as  blocks,  streets,   and  buildings, 
should  be  located. 

149.  If,  in  running  the  exterior  lines  of  a  claim,  the  survey 
is  found  to  conflict  with  the  survey  of  another  claim,  the  distances 
to  the  points  of  intersection,  and  the  courses  and  distances  along 
the  line  intersected  from  an  established  corner  of  such  conflicting 
claim  to  such  points  of  intersection,   should  be  described  in  the 
field  notes :    Provided,  That  where  a  corner  of  the  conflicting  sur- 
vey falls  within  the  claim  being  surveyed,  such  corner  should  be 
selected  from  which  to  give  the  bearing,  otherwise  the  corner  near- 
est the  intersection  should  be  taken.    The  same  rule  should  govern 
in  the  survey  of  claims  embracing  two  or  more  locations  the  lines  of 
which  intersect. 

150.  A   lode   and   mill-site   claim   in   one   survey  will  be   dis- 
tinguished by  the  letters  A  and  B  following  the  number  of  the  sur- 
vey.   The  corners  of  the  mill  site  will  be  numbered  independently 
of  those  of  the  lode.     Corner  No.  1  of  the  mill  site  must  be  con- 
nected with  a  corner  of  the  lode  claim  as  well  as  with  a  corner  of 
the  public  survey  or  United  States  location  monument. 

151.  When  a  placer  claim  includes  lodes,  or  when  several  con- 
tiguous placer  or  lode  locations  are  included  as  one  claim  in  one 
survey,  there  must  be  given  to  the  corners  of  each  location  con- 
stituting the  same  a  separate  consecutive  numerical  designation, 
beginning  with  corner  No.  1  in  each  case. 

152.  Throughout  the  description  of  the  survey,  after  each  ref- 
erence to  the  lines  or  corners  of  a  location,  the  name  thereof  must 
be    given,    and    if   unsurveyed,    the    fact    stated.     If   reference    is 
made  to  a  location  included  in  a  prior  official  survey,  the  survey 
number   must   be    given,   followed   by   the   name   of  the   location. 
Corners  should  be  described  once  only. 

153.  The  total  area  of  each  location  and  also  the  area  in  con- 
flict with  each  intersecting  survey  or  claim  should  be  stated.    But 
when  locations  embraced  in  one  survey  conflict  with  each  other 
such  conflicts  should  only  be  stated  in  connection  with  the  location 
from  which  the  conflicting  area  is  excluded. 

154.  It  should  be  stated  particularly  whether  the  claim  is  upon 
surveyed  or  unsurveyed  public  lands,  giving  in  the  former  case  the 


432 

quarter  section,  township,  and  range  in  which  it  is  located,  and  the 
section  lines  should  be  indicated  by  full  lines  and  the  quarter-sec- 
tion lines  by  dotted  lines. 

155.  The  title-page  of  the  field  notes  must  contain  the  post- 
office  address  of  the  claimant  or  his  authorized  agent. 

156.  In   the   mineral   surveyor's   report   of  the   value   of   the 
improvements   all   actual   expenditures   and   mining  improvements 
made  by  the  claimant  or  his  grantors,  having  a  direct  relation  to 
the  development  of  the  claim,  must  be  included  in  the  estimate. 

157.  The  expenditures  required  may  be  made  from  the  surface 
or  in  running  a  tunnel,  drifts,  or  crosscuts  for  the  development  of 
the  claim.    Improvements  of  any  other  character,  such  as  buildings, 
machinery,  or  roadways,  must  be  excluded  from  the  estimate,  unless 
it  is  shown  clearly  that  they  are  associated  with  actual  excavations, 
such  as  cuts,  tunnels,   shafts,   etc.,   are   essential  to  the  practical 
development  of  and  actually  facilitate  the  extraction  of  mineral 
from  the  claim. 

158.  All  mining  and  other  improvements  claimed  will  be  located 
by  courses  and  distances  from  corners  of  the  survey,  or  from  points 
on  the  center  or  side  lines,  specifying  with  particularity  and  detail 
the  dimensions  and  character  of  each,  and  the  improvements  upon 
each  location  should  be  numbered  consecutively,  the  point  of  dis- 
covery being  always  No.  1.    Improvements  made  by  a  former  locator 
who  has  abandoned  his  claim  can  not  be  included  in  the  estimate, 
but  should  be  described  and  located  in  the  notes  and  plat. 

159.  In  case  of  a  lode  and  mill-site  claim  in  the  same  survey 
the  expenditure  of  five  hundred  dollars  must  be  shown  upon  the 
lode  claim. 

160.  If  the  value  of  the  labor  and  improvements  upon  a  mineral 
claim  is  less  than  five  hundred  dollars  at  the  time  of  survey,  the 
mineral  surveyor  may  file  with  the  Surveyor-General  supplemental 
proof  showing  five  hundred  dollars  expenditure  made  prior  to  the 
expiration  of  the  period  of  publication. 

161.  The  mineral  surveyor  will  return  with  his  field  notes  a 
preliminary  plat  on  blank  sent  to  him  for  that  purpose,  protracted 
on  a  scale  of  t\vo  hundred  feet  to  an  inch,  if  practicable.    In  pre- 
paring plats  the  top  is  north.     Copy  of  the  calculations  of  areas 
by  double  meridian  distances  and  of  all  triangulations  or  traverse 
lines  must  be  furnished.    The  lines  of  the  claim  surveyed  should  be 
heavier  than  the  lines  of  conflicting  claims. 

162.  "Whenever  a  survey  has  been  reported  in  error  the  sur- 
veyor who  made  it  will  be  required  to  promptly  make  a  thorough 
examination  upon  the  premises  and  report  the  result,  under  oath, 
to  the   Surveyor-General's  office.     In  case  he  finds  his  survey  in 
error  he  will  report  in  detail  all  discrepancies  with  the  original 
survey  and  submit  any  explanation  he  may  have  to  offer  as  to  the 
cause.    If,  on  the  contrary,  he  should  report  his  survey  correct,  a 
joint  survey  will  be   ordered  to   settle  the   differences  with  the 
surveyor  who  reported  the  error.     A  joint  survey  must  b'e  made 
within  ten  days  after  the  date  of  order  unless  satisfactory  reasons 
are  submitted,  under  oath,  for  a  postponement.     The  field  work 
must  in  every  sense  of  the  term  be  a  joint  and  not  a  separate  sur- 
vey, and  the  observations  and  measurements  taken  with  the  same 
instrument  and  chain,  previously  tested  and  agreed  upon. 


433 


163.  The  mineral  surveyor  found  in  error,  or,  if  both  are  in 
error,  the  one  who  reported  the  same,  will  make  out  the  field  notes 
of  the  joint  survey,  which,  after  being  duly  signed  and  sworn  to 
by  both  parties,  must  be  transmitted  to  the  Surveyor-General's 
office. 

164.  Inasmuch  as  amended  surveys  are  ordered  only  by  special 
instructions  from  the  General  Land  Office,  and  the  conditions  and 
circumstances  peculiar  to  each  separate  case  and  the  object  sought 
by  the  required  amendment,  alone  govern  all  special  matters  rela- 
tive to  the  manner  of  making  such  survey  and  the  form  and  sub- 
ject-matter to  be  embraced  in  the  field  notes  thereof,  but  few  gen- 
eral rules  applicable  to  all  cases  can  be  laid  down. 

165.  The  amended  survey  must  be  made  in  strict  conformity 
with,  or  be  embraced  within,  the  lines  of  the  original  survey.     If 
the  amended  and  original  surveys  are  identical,  that  fact  must  be 
clearly  and  distinctly  stated  in  the  field  notes.    If  not  identical,  a 
bearing  and  distance  must  be  given  from  each  established  corner 
of  the  amended  survey  to  the  corresponding  corner  of  the  original 
survey.    The  lines  of  the  original  survey,  as  found  upon  the  ground, 
must  be  laid  down  upon  the  preliminary  plat  in  such  manner  as 
to  contrast  and  show  their  relation  to  the  lines  of  the  amended 
survey. 

166.  The  field  notes  of  the  amended  survey  must  be  prepared 
on  the  same  size  and  form  of  blanks  as  are  the  field  notes  of  the 
original  survey,  and  the  word  "amended"  must  be  used  before  the 
word  "survey"  wherever  it  occurs  in  the  field  notes. 

167.  Mineral  surveyors  are  required  to  make  full  examinations 
of  all  placer  claims  at  the  time  of  survey  and  file  with  the  field 
notes  a  descriptive  report,  in  which  will  be  described — 

a.  The  quality  and  composition  of  the  soil,  and  the  kind  and 
amount  of  timber  and  other  vegetation. 

b.  The  locus  and  size  of  streams,  and  such  other  matter  as  may 
appear  upon  the  surface  of  the  claims. 

c.  The  character  and  extent  of  all  surface  and  underground 
workings,  whether  placer  or  lode,  for  mining  purposes,  locating  and 
describing  them. 

d.  The  proximity  of  centers  of  trade  or  residence. 

e.  The  proximity  of  well-known  systems  of  lode  deposits  or 
of  individual  lodes. 

f.  The  use  or  adaptability  of  the  claim  for  placer  mining,  and 
whether  water  has  been  brought  upon  it  in  sufficient  quantity  to 
mine  the  same,  or  whether  it  can  be  procured  for  that  purpose. 

g.  "SVhat  works  or  expenditures  have  been  made  by  the  claim- 
ant or  his  grantors  for  the  development  of  the  claim,  and  their 
situation  and  location  writh  respect  to  the  same  as  applied  for. 

h.  The  true  situation  of  all  mines,  salt  licks,  salt  springs,  and 
mill  sites  which  come  to  the  surveyor's  knowledge,  or  a  report  by 
him  that  none  exist  on  the  claim,  as  the  facts  may  warrant. 

i.  Said  report  must  be  made  under  oath  and  duly  corroborated 
by  one  or  more  disinterested  persons. 

168.  The  employing  of  claimants,  their  attorneys,  or  parties  in 
interest,  as  assistants  in  making  surveys  of  mineral  claims  Avill  not 
be  allowed. 

169.  The  field  work  must  be  accurately  and  properly  performed 


434 

and  returns  made  in  conformity  with  the  foregoing  instructions. 
Errors  in  the  survey  must  be  corrected  at  the  surveyor's  own 
expense,  and  if  the  time  required  in  the  examination  of  the  returns 
is  increased  by  reason  of  neglect  or  carelessness,  he  will  be  required 
to  make  an  additional  deposit  for  office  work.  He  will  be  held  to  a 
strict  accountability  for  the  faithful  discharge  of  his  duties,  and 
will  be  required  to  observe  fully  the  requirements  and  regulations 
in  force  as  to  making  mineral  surveys.  If  found  incompetent  as  a 
surveyor,  careless  in  the  discharge  of  his  duties,  or  guilty  of  a 
violation  of  said  regulations,  his  appointment  will  be  promptly 
revoked. 

S.  V.  Proudfit, 

Approved  March  22,  1909  Acting  Commissioner. 

R.  A.  Ballinger, 

Secretary. 

AMENDMENTS. 

Instructions  for  Preparation  and  Disposition  of  Plats  of  Survey  of  Mining 

Claims 

Department  of  the  Interior, 

General  Land  Office, 
Washington    D.    C.,  July   29,    1911. 
United  States  Surveyors  General: 

The  following  instructions  are  issued  in  pursuance  of  a  plan  for  prepara- 
tion and  disposition  of  plats  of  survey  of  mining  claims,  which  was  approved 
by  the  First  Assistant  Secretary  of  the  Interior  June  6,  1911. 

The  surveyor  general  will  prepare  the  original  plat  on  form  4 — 675.     All 
lines  clear  and  sharp  in  black.    All  letters  and  figures  clear  and  sharp  in  black. 
The  original  plat,  so  prepared,  will  be  signed  and  dated  by  the  surveyor 
general  and  forwarded   to  the  General  Land   Office  flat  or  in  tube  and  un- 
mounted. 

The  commissioner  will  have  three  photolithographic  copies  made  upon 
drawing  paper,  which  copies,  with  the  original  plat,  will  be  forwarded  to  the 
surveyor  general,  the  duplicate,  triplicate,  and  quadruplicate  to  be  signed  by 
him,  and  the  four  plats  to  be  filed  and  disposed  of  in  the  same  manner  as 
provided  for  in  paragraph  34  of  the  Mining  ^Regulations,  viz:  One  plat 
and  the  original  field  notes  to  be  retained  in  the  office  of  the  surveyor  general; 
one  copy  of  the  plat  to  be  given  the  claimant  for  posting  upon  the  claim;  one 
plat  and  a  copy  of  the  field  notes  to  be  given  the  claimant  for  filing  with  the 
proper  register*,  to  be  finally  transmitted  by  that  officer,  with  other  papers  in 
the  case,  to  this  office,  and  one  plat  to  be  sent  by  the  surveyor  general  to  the 
register  of  the  proper  land  district,  to  be  retained  on  his  files  for  future 
reference. 

A  certain  number  of  photolithographic  copies  will  be  furnished  the  surveyor 
general  for  sale  at  a  cost  of  30  cents  each,  and  a  photolithographic  copy 
printed  on  tracing  paper  will  be  furnished  the  surveyor  general,  from  which 
blue  prints  may  be  made,  to  be  sold  at  cost. 

Very  Kespectfully, 

S.  V.  Proudfit, 
Assistant  Commissioner. 
Approved,  July  29,  1911. 
Samuel  Adams, 

Acting  Secretary. 


435 

Regulation   44,  Mining  Regulations. 

Department  of  the  Interior, 

General   Land   Office, 
Washington,   D.    C.,    August   8,    1911. 
The  Honorable, 

The  Secretary  of  the  Interior. 

Sir:  I  hereby  respectfully  recommend  that  regulation  number  44  of 
Mining  Regulations,  approved  March  29,  1909  (37  L.  D.,  728-786),  be  amended 
to  read  as  follows: 

44.  Before  approving  for  publication  any  notice  of  an  application  for 
mineral  patent,  local  officers  will  be  particular  to  see  that  it  includes  no  land 
which  is  embraced  in  a  prior  or  pending  application  for  patent  or  entry,  or  for 
any  land  embraced  in  a  railroad  selection,  or  for  which  publication  is  pending 
or  has  been  made  by  other  claimants,  and  if,  in  their  opinion,  after  investiga- 
tion, it  should  appear  that  notice  of  a  mineral  application  should  not,  for  this 
or  other  reasons,  be  approved  for  publication,  they  should  formally  reject  the 
same,  giving  the  reasons  therefor,  and  allow  the  applicant  30  days  for  appeal 
to  this  Office  under  the  Rules  of  Practice. 

Very  Respectfully  S.  V.  Proudfit, 

Acting  Commissioner. 
Approved,  August  9,  1911. 
Samuel  Adams, 

Acting  Secretary. 


436 

APPENDIX  A. 
Time  to  Commence  Adverse  Claims  and  Suits  in  Alaska  Extended. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  in  the  district  of  Alaska 
adverse  claims  authorized  and  provided  for  in  sections  twenty-three  hundred 
and  twenty-five  and  twenty-three  hundred  and  twenty-six,  United  States 
Revised  Statutes,  may  be  filed  at  any  time  during  the  sixty  days  period  of 
publication  or  within  eight  months  thereafter,  and  the  adverse  suits  author- 
ized and  provided  for  in  section  twenty-three  hundred  and  twenty-six,  United 
States  Revised  Statutes,  may  be  instituted  at  any  time  within  sixty  days  after 
the  filing  of  said  claims  in  the  local  land  office. 

(Public  No.  198,  Approved  June  7,  1910.) 

DIGEST. 

MINERAL  LAND. 

Character  of  Land. 

The  duties  of  determining  the  character  of  land,  whether  mineral  or  non- 
mineral,  and  of  seeing  that  the  public  lands  are  only  disposed  of  as  authorized 
by  law  rests  upon  the  Land  Department,  of  which  the  Secretary  of  the 
Interior  is  the  head.  The  decision,  therefore,  of  the  Secretary  that  a  specific 
tract  of  land  is  principally  valuable  for  its  mineral  deposits  while  undisturbed 
is  binding  upon  the  officers  of  the  Land  Department  and  prevents  disposal  of 
the  land  in  any  other  way  than  as  prescribed  by  the  laws  specifically 
authorizing  the  sale  or  disposal  of  the  lands. 

Coleman  et  al,  vs.  McKenzie  et  al.,  28  L.  D.  348. 

A  patent  is  not  essential  to  the  enlargement  of  a  mining  claim  held  under 
a  valid  location  not  as  to  form  a  material  block  to  prosecute  his  application  for 
patent,  is  not  in  itself  an  abandonment  of  the  claim. 

Coleman  et  al.  vs.  McKenzie  et  al.,  28  D.  L.  348. 

Under  the  public  land  laws  of  the  United  States,  valuable  for  their  mineral 
deposits  can  be  disposed  of  only  under  the  mining  laws. 

Coleman  et  al.  vs.  McKenzie  et  al.,  L.  D.  348. 

Classification. 

In  classifying  unsurveyed  lands  under  the  Act  of  February  26th,  1895, 
where  the  entire  area  of  the  tract  is  designated  by  natural  or  artificial 
boundaries  as  to  their  character,  the  classification  should  be  made  with  refer- 
ence to  the  particular  section. 

Instructions,  26  L.   D.  423. 

The  provision  of  Section  five,  Act  of  February  26,  1895,  that  hearings 
held  under  protest  filed  against  the  acceptance  of  the  classification  of  land  as 
returned  by  the  Commission:  "The  United  States  shall  be  represented  and 
defended  by  the  United  States  District  Attorney,  etc.,"  "requires  the  said 
Attorney  to  assist  in  procuring  the  mineral  classification  on  the  land,  wherever 
the  facts  show  that  to  be  its  true  character  and  to  that  end  such  officers 
should  endeavor  to  sustain  the  mineral  classification  of  the  Commission." 

Opinion,  28  L.  D.  295. 

In  case  of  protest  filed  under  the  5th  section  of  the  Act  of  1895  against 
the  classification  of  lands  under  the  said  Act,  the  Department  will  apply 
substantially  the  same  rules  in  determining  the  character  of  the  land  that 
the  Classification  Commissioners  are  directed  by  said  Act  to  apply. 

The  rules  prescribed  by  the  Act  of  February  26,  1895,  differ  from  those 
applied  by  the  Department  in  ordinary  contests  involving  the  character  of 
land  for  mining  location  made  in  any  section  of  land,  are  declared  to  be  by 
said  Act,  prima  facie  evidence  of  the  mineral  character  of  a  forty  acre  subdi- 
vision embracing  the  same. 

Holter  et  al.  vs.  Northern  Pacific  R.  R.  Co.,  30  L.  D.  442. 

To  justify  a  hearing  as  to  the  character  of  land  classified  under  the  Act 
of  February  26,  1895,  where  a  protest  is  not  filed  until  after  the  prescribed 
time  comes  before  approval  of  the  classification  by  the  Secretary  of  the 
Interior,  such  as  a  showing  of  fraud  in  the  classification  must  be  made  as 
would  condemn  and  avoid  it,  if  sustained  by  proof  produced  at  the  hearing. 

Lamb  et  al.  vs.  Northern  Pacific  R.  R.  Co.,  29  L.  D.  102. 

A  protest  against  the  classification  of  such  land  justifies  a  hearing  as  to 


437 

the  character  of  the  land  where  it  is  shown  thereby  that  the  report  of  the 
Commissioners  which  the  Secretary  of  the  Interior  approved  the  classification 
was  false  and  a  clear  misrepresentation  of  the  character  of  the  land. 

Lamb  et  al.  vs.   Northern  Pacific  K.  R.  Co.,  29  L.  D.   102. 

Luthye  et  al.  vs.  Northern  Pacific  K.  R.  Co.,  675. 

Lands  valuable  on  account  of  limestone  deposits  contained  therein,  and 
more  valuable  on  account  of  said  deposits  than  for  agricultural  purposes,  are 
mineral  lands  within  the  meaning  of  the  Act  of  February  26,  1895,  provide 
for  the  classification  of  lands  within  the  limits  of  the  Northern  Pacific  Grant. 

Morrill  vs.  Northern  Pacific  R.  R.  Co.  et  al.,  30  L.  L).  475. 

Section  2333  of  the  Revised  Statutes  and  the  opinion  in  the  case  of 
Becker  et  al.  vs.  Sears,  1  L.  D.  560,  lays  down  the  rules  as  to  what  constitutes 
placer  and  lode  claims. 

Whatever  is  recognized  as  mineral  by  the  standard  authorities,  whether 
of  metallic  or  other  substances  when  found  in  the  public  lands  in  quantities 
and  quality  sufficient  to  render  the  land  more  valuable  on  account  thereof 
than  for  agricultural  purposes,  must  be  treated  as  coming  within  the  purview 
of  the  mining  laws. 

Pacific  Coast  Marble  Co.  vs.  Northern  Pacific  R.  R.  Co.  et  al.,  25  L.  D.  233. 

Alldritt  vs.  Northern  Pacific  R.  R.  Co.,  25  L.  D.  349. 

Union  Oil  Company,  25  L.  D.  251,  overruling  case  of  Ferrell  vs.  Hoge  et  al., 
18  L.  D.  81. 

Borax,  soda,  alum,  oil,  fire-clay,  kaolin,  gypsum,  limestone,  phosphate, 
guano,  marble,  slate,  petroleum  and  asphaltum  are  mineral  lands. 

Land  more  valuable  for  the  deposits  of  sand-stone  therein  than  for  agri- 
cultural purposes  are  to  be  so  classified  under  the  Act  of  February  26,  1895. 

Beaudette  vs.  Northern  Pacific  R.  R.  Co.,  29  L.  D.  248. 

Coal  is  not  mineral  within  the  meaning  of  the  Act  of  June  3,  1878. 

Opinion,  2nd  L.   D.   857. 

On  an  issue  joined  as  to  the  character  of  a  tract,  the  matter  to  be 
determined  is  whether,  as  a  present  fact,  the  land  is  more  valuable  for  mineral 
than  for  agricultural  purposes,  the  mineral  claimant  for  land  returned  as 
agricultural  land,  must  show  as  a  present  fact,  that  mineral  can  be  obtained 
therefrom  in  such  quantities  as  to  make  the  land  more  valuable  for  mineral 
than  agricultural  purposes. 

Where  a  mineral  entry  has  been  allowed  on  land  returned  as  agricultural 
land,  the  burden  of  proof  will  lie  upon  the  one  who  thereafter  alleges  the  land 
to  be  unfit  for  agricultural  land. 

On  proof  of  the  mineral  character  of  a  tract  before  the  allowance  of  a 
mineral  entry  therefor,  the  burden  of  the  proof  is  upon  the  one  who  asserts 
the  non-mineral  character  of  the  tract,  even  if  returned  as  agricultural. 

If  the  presumptive  mineral  character  of  the  land  is  based  upon  the  ex- 
ploration of  only  one  portion  thereof,  the  burden  is  assumed  by  the  one  who 
alleges  the  agricultural  character  of  such  land,  and  is  sustained  by  evidence  of 
exploration  on  some  portion  sufficient  to  demonstrate  the  fact  of  its  non- 
mineral  character  and  thereby  overcoming  the  effect  of  the  alleged  prior 
exploration  or  discovery. 

Walton  vs.  Batton  et  al.,  14  L.  J>.  54. 

Winters  et  al.  vs.  Bliss,  14  L.  D.  59. 

Johns  vs.  Marsh  et  al.,  15  L.  D.  196. 

Cutting  vs.  Reinininghaus,  7  L.  D.  265. 

Creswell  Mining  Company  vs.  Johnson,  8  L.  D.  440. 

Tinkham  vs.  McCaffrey,  13  L.  D.  517. 

Northern  Pacific  R.  R.  Co.  vs.  Marshall,  17  L.  D.  545. 

John  vs.  Marsh  et  al.,  15  L.  D.  196. 

State  of  Washington  vs.  McBridge,  25  L.  D.  167. 

In  case  of  a  hearing  to  determine  the  mineral  or  non-mineral  character  of 
a  tract  of  land  theretofore  held  by  the  Department  to  be  particularly  valuable 
for  its  mineral  deposit,  the  burden  of  proof  is  with  the  agricultural  claimants 
and  incumbent  upon  them  to  clearly  overcome  the  effect  of  the  former  decision. 

Coleman  et  al.  vs.  McKenzie  et  al.,  28  L.  D.  348. 

The  burden  of  proof  is  upon  the  agricultural  claimant  for  the  return  of 
land,  to  show  the  fact  that  it  is  non-mineral  in  character,  but  he  is  not  required 
to  prove  affirmatively  its  agricultural  character. 

Cutting  vs.  Reininghaus  et  al.,  7  L.  D.  265. 

Kane  et  al.  vs.  Devine,  7  L.  D.  532. 

Mulligan  vs.  Hanson,  10  L.  D.  311. 


438 

On  a  hearing  to  show  the  alleged  agricultural  character  of  a  tract,  held 
as  a  mineral  claim,  and  that  has  once  been  adjudged  mineral,  the  agricultural 
claimant  should  be  required  to  prove  the  abandonment  of  the  mining  claim. 

McCharles  vs.  Koberts,  20  L.  D.  564. 

Caldwell  vs.  Gold  Bar  Mining  Co.,  24  L.  D.  258. 

A  final  decision  in  which  a  tract  is  held  to  be  mineral,  is  only  conclusive 
up  to  the  period  covered  by  the  inquiry,  and  will  not  preclude  a  subsequent 
investigation  as  to  the  character  of  said  tract  on  the  allegation  that  the 
mining  claims  thereon  have  been  abandoned  and  that  the  land  is  as  a  present 
fact,  agricultural. 

Dargin  et  al.  vs.  Koch,  20  L.  D.  384. 

The  final  decision  of  the  Department  holding  land  to  be  non-mineral  is 
conclusive  up  to  the  period  of  the  hearing  and  such  consideration  will  not 
preclude  a  further  consideration  based  on  subsequent  exploration. 

Stinchfield  vs.  Pierce,  19  L.  D.  12. 

In  a  hearing  ordered  to  determine  the  alleged  non-mineral  character  of 
land  embraced  in  an  agricultural  entry  made  at  the  conclusion  of  a  prior 
contest  involving  the  character  of  land,  the  evidence  must  be  confined  to 
discoveries  after  the  date  of  the  1st  hearing,  and  prior  to  the  allowance  of  the 
entry. 

Leach  et  al.  vs.  Patten,  24  L.  D.  573. 

The  non-mineral  character  of  a  tract  of  land  having  been  determined,  the 
Department  is  not  justified  in  ordering  another  hearing  on  the  same  issue  on 
the  absence  of  a  clear  showing  or  development  made  since  the  prior  hearing 
that  clearly  demonstrates  that  since  such  hearing  mineral  has  been  discovered 
in  such  quantities  as  to  overcome  the  effect  of  the  previous  judgment  as  to  the 
character  of  the  land. 

Mackal  et  al.  vs.  Goodsell,  24  L.  D.  553. 

A  decision  that  a  tract  is  mineral  in  character  will  not  prevent  a  subse- 
quent hearing  involving  the  same  question  where  a  change  in  the  character  of 
the  land  is  alleged,  but  the  showing  in  such  cases  must  be  clear  and  con- 
A'incing. 

Town  of  Aldridge  vs.  Craig,  25  L.  D.  505. 

The  existence  of  gold  in  non-paying  quantities  will  not  preclude  an  agri- 
cultural entry  on  the  land. 

Etling  et  al.  vs.  Potter,  17  L.  D.  424. 

The  character  of  land  acquired  as  mineral,  must  be  shown  by  the  actual 
production  from  mining,  and  by  satisfactory  evidence  that  mineral  exists  on 
the  land  in  sufficient  quantity  to  make  the  same  more  valuable  for  mining  than 
agricultural  purposes. 

Savage  et  al.  vs.  Boynton,  12  L.  D.  612. 

The  location  of  a  mining  claim  in  conformity  with  law  on  land  returned 
as  agricultural,  raises  the  presumption  that  the  land  is  mineral  in  character 
and  the  burden  of  proof  is  thereafter  upon  the  one  alleging  the  agricultural 
character  of  the  land. 

State  of  Washington  vs.  McBridge,  18  L.  D.  199. 

Sweeney  vs.  Northern  Pacific  R.  R.  Co.,  20  L.  D.  394. 

Land  must  be  held  non-mineral  where  no  discoveries  of  appreciable  value 
have  been  made,  and  it  does  not  appear  that  a  further  expenditure  would 
develop  the  presence  of  mineral  in  paying  quantities. 

Reed  et  al.  vs.  Lavallee  et  al.,  26  L.  D.  100. 

Coal  lands  are  mineral  lands  within  the  meaning  of  the  laws  relating 
to  public  lands. 

Brown  vs.  Northern  Pacific  R.  R.  Co.,  31  L.  D.  29. 

Lands  containing  deposits  of  ordinary  brick  clay  are  not  mineral  within 
the  meaning  of  the  mining  laws,  although  more  valuable  for  such  deposit  than 
for  agricultural  purposes. 

King  et  al.  vs.  Bradford,  31  L.  D.  108. 

To  sustain  an  application  for  mineral  patent  as  against  a  person  alleging 
land  to  be  non-mineral,  it  must  appear  that  the  mineral  exists  on  the  land  in 
quantities  and  value  sufficient  to  subject  it  to  disposal  under  the  mining  laws. 

Brophy  et  al.  vs.  O'Hare,  34  L.  D.  596. 

Consult  also  the  following  cases: 

Jaw  Bone  Lode  vs.  Damond  Placer,  34  L.  D.  72. 

Hollman  vs.  Central  Montana  Mines  Co.,  34  L.  D.  568. 

Richmond  and  other  Lode  Claims,  34  L.  D.  554. 

Pikes  Peak  and  other  Lodes,  34  L.  D.  281. 


439 

Frank  G.  Peck,  34  L.  D.  682. 

Laughing  Water  Placer,  34  L.  D.  56. 

Alaska  Placer  Claim,  34  L.  D.  41. 

Mattes  vs.  Treasure  Tunnel  Mining  and  Eeduction  Co.,  modifying  34  L.  D. 
314.  (Citation)  33  L.  D.  338. 

Beverage  et  al.  vs.  Northern  Pacific  E.  E.  Co.,  36  L.  D.  40. 

See  also  36  L.  D.  109. 

Deposits  of  gravel  and  sand  suitable  for  mixing  of  cement  for  concrete 
construction  but  having  no  peculiar  property  or  characteristic,  giving  them 
especial  value,  but  deriving  their  general  value  from  proximity  to  a  town,  do  not 
render  the  land  in  which  they  are  found  mineral  in  character  within  the 
meaning  of  the  land  laws  to  bar  their  entry  under  the  homestead  laws, 
notwithstanding  the  fact  that  they  may  be  more  valuable  than  for  agricultural 
purposes. 

Zimmerman  &  Brunson,  39  L.  D.  310. 

The  fact  that  a  tract  of  land  was,  prior  to  survey,  classified  as  mineral 
under  the  Act  of  February  26,  1895,  cannot  be  considered  as  a  classification 
of  the  land  as  mineral  at  the  time  of  "Actual  Government  Survey,"  within 
the  meaning  of  the  Act  of  August  5,  1892. 

St.  Paul,  Minneapolis  &  Manitoba  Eailway  Co.,  34  L.  D.  211. 

Publication. 

Land  not  embraced  in  an  application  for  patent  for  a  mining  claim  in  a 
published  or  posted  notice  and  other  proceedings  cannot  be  embraced  in  the 
entry.  The  simplest  legal  subdivisions  of  the  public  survey  provided  for  by 
the  mining  laws,  as  a  subdivision  of  ten  acres  in  square  form.  Such  laws  do 
not  contemplate  any  location  and  entry  or  placer  mining  claims. 

Discovery  and  Expenditure. 

See  35  L.  D.  361,  35  L.  D.  485,  35  L.  D.  493,  35  L.  D.  617,  35  L.  D.  652. 
Placer. 

The  provision  of  the  Statute  requires  placer  claims  upon  surveyed  lands 
to  conform  in  their  exterior  limits,  to  the  legal  subdivisions,  and  the  public 
laws  furnish  no  authority  in  the  location  of  placer  claims  upon  unsurveyed 
lands  for  the  placing  of  lines  of  such  locations  upon  previously  patented  or 
entered  lands. 

35  L.  D.  557. 

There  is  no  warrant  in  the  mining  laws  for  the  extending  arbitrarily, 
and  without  any  bases  or  fact  therefor,  the  original  lines  of  a  location  in  an 
irregular  or  zig-zag  manner  for  the  purpose  of  controlling  along  the  sides  any 
extra  lands  in  the  location,  to  suit  the  convenience  of  the  locator. 

35  L.  D.  22. 
Development  Work. 

An  applicant  for  a  patent  to  a  mining  claim  and  invoking  the  provisions 
of  Section  2332  of  the  Eevised  Statutes,  if  it  appears  that  he  or  his  grantors 
have  held  and  worked  the  claim  for  the  period  of  time  prescribed  by  the  legal 
statutes  of  mining  claims,  is  not  required  to  produce  record  evidence  of  his 
location. 

Section  2332  merely  declares  that  the  proof  shall  be  sufficient  to  show 
possessory  title  of  the  applicant. 

The  absence  of  any  adverse  claim  does  not  dispense  with  the  requirements 
of  Section  2325  to  the  expenditure  of  $500  in  labor  and  improvements  on  the 
claim  as  a  prerequisite  to  the  issuance  of  patent. 

CapitafNo.  5  Placer  Mining  Claim,  34  L.  D.,  462. 

The  main  purpose  of  Section  2332  of  the  Eevised  Statutes  is  to  declare 
that  evidence  of  the  holding  and  working  of  a  mining  claim  for  a  period  equal 
to  the  time  prescribed  by  the  legal  Statute  of  Limitations  for  mining  claims 
shall  be  construed  as  sufficient,  establishing  the  location  of  the  claim  and  the 
applicant's  right  therein,  "in  the  absence  of  any  adverse  claim,"  and  there  is 
no  authority  for  restricting  the  application  of  the  provisions  of  said  section  to 
such  cases  only,  in  which  the  applicant  for  patent  is  unable,  by  reason  of  the 
lapse  of  time  or  loss  of  the  mining  records  by  fire  or  otherwise  or  failure  to 
prove  ;v  possessory  title  required  by  the  mining  laws. 

Little  Emily  'Mining  and  Milling  Co.,  34  L.  D.,  182. 
Payment. 

Payment  is  required  by  Section  2325  of  the  Eevised  Statutes  for  lands 
embraced  in  a  mining  claim  as  a  condition  to  the  issuance  of  patent  therefor 


440  j 

under  the  mining  laws,  and  the  applicant  is  not  relieved  from  this  payment 
by  the  Act  of  May  27,  1902. 

Kaven  Mining  Company,  34  L.  D.,  306. 

Placer  mining  claims  must  be  located  in  accordance  with  Section  2331  of 
the  Eevised  Statutes. 

Eialto  No.  2  Placer  Mining  Claim,  34  L.  D.,  44. 

Mineral  lands  are  exempted  from  the  land  grant  of  the  State  of  South 
Dakota. 

State  of  South  Dakota  v.  Delicate,  34  L.  D.,  717. 
Verification. 

The  provision  of  Section  2325  of  the  Kevised  Statutes  that  the  application 
for  patent  to  a  mining  claim  shall  be  "under  oath"  and  the  provision  of 
Section  2335  for  the  verification  of  said  application  "before  any  officer  author- 
ized to  administer  oaths  within  the  land  department"  their  observance  is 
essential  to  the  jurisdiction  of  the  legal  officers  to  entertain  the  patent  pro- 
ceedings. 

35  L.  D.,  455. 
Possession. 

Owners  of  unpatented  mining  claims  located  upon  the  mineral  lands  of  the 
United  States  are  entitled  to  exclusive  and  peaceable  possession  of  their  claims 
so  long  as  they  continue  to  comply  with  the  requirements  of  the  laws  respect- 
ing possessory  rights,  and  are  not  required  to  apply  for  patent  at  any  time 
in  order  to  preserve  such  possessory  rights. 

In  the  administration  of  the  public  land  laws,  the  Land  Department  has 
no  authority  to  determine  on  their  behalf,  alleged  rights  of  claimants  therein, 
except  where  such  claimants  seek  to  obtain  legal  or  permanent  title  to  the 
lands  claimed.  Where  claimant  seeks  to  obtain  legal  title  to  a  tract  of  public 
land  the  inquiry  by  the  Land  Department  is  directed  to  questions  affecting 
his  right  to  have  such  legal  title  conveyed  to  him,  but  not  to  questions  relating 
to  possessory  or  other  rights  unrelated  to  and  disconnected  with  his  application 
for  legal  title. 

Nome  &  Sinook  Co.  et  al.  v.  Townsite  of  Nome.    §  4  L.  D.,  274. 
Adverse  Claims. 

In  determining  whether  an  adverse  judicial  proceeding  has  been  instituted 
within  the  statute,  the  Department  will  not  undertake  to  review  the  failure  of 
the  court  of  competent  jurisdiction,  while  the  suit  so  begun  is  pending  withia 
said  court. 

Gypsum  Placer  Claims,  37  L.  D.,  484.  Section  2325  of  the  Eevised  Statutes 
construed. 

E.  J.  Bitter  et  al.,  37  L.  D.,  115. 

For  further  information  on  the  subject,  consult  table  of  Eevised  Statutes, 
cited  and  construed,  and  table  of  Acts  of  Congress,  cited  and  construed. 

See  35  L.  D.,  304;  35  L.  D.,  495;  35  L.  D.,  551. 
Mining  on  Indian  Lands. 

Valuable  mineral  deposits  which  have  been  found  on  lands  allotted  in 
severally  to  an  Indian  under  the  Act  of  June  6,  1900,  are  not  withheld  to  the 
allottee  or  reserved  to  the  United  States,  and  cannot  be  acquired  under  the 
mining  laws.  But  such  land  may,  with  the  approval  of  the  Secretary  of  the 
Interior,  be  leased  by  the  allottee  under  the  General  Statute  relating  to  the 
giving  of  a  mining  lease  to  the  allottees. 

Acme  Cement  Co.,  31  L.  D.,  125. 

See  in  this  connection  31  L.  D.,  154. 

Eectangular  tracts  of  five  acres  may  be  recognized  and  treated  as  legal 
subdivisions. 

Eoman  Placer  Mining  Co.,  34  L.  D.,  260. 

Consult  for  this  subject  the  following  cases: 

Extra  Lode  Claim,  34  L.  D.,  591. 

Brophy  et  al.  v..  O  'Hare,  34  L.  D.,  596. 

State  of  South  Dakota  v.  Walsh,  34  L.  D.,  723. 

Alaska  Placer  Claim,  34  L.  D.,  40. 

For  general  discussion  of  mineral  lands  and  selections,  consult  the  fol- 
lowing cases: 

Bakersfield  Fuel  &  Oil  Co.  v.  Saaburg,  31  L.  D.,  312. 

And  Instructions,  135. 

State  of  Utah,  32  L.  D.,  117. 

Northern  Pacific  Eailroad  Co.,  32  L.  D.,  611. 

Nome  &  Sinook  Co.  et  at.  v.  Townsite  of  Nome,  34  L.  D.,  102. 


441 


INDEX. 

Page. 

Abstracters  414 

Abstract  of  title,  when  and  when  not  required 414 

Acts,  supplemental  to  Kevised  Statutes: 

June  6,  1874,  expenditure 385 

February  11,  1875,  expenditure 385 

May  5,  1876,  Kansas  and  Missouri 386 

June  3,  1878,  use  of  timber 386 

January  22,  1880,  application  by  agent;  expenditure 387 

March  3,  1881,  judgment  on  adverse 387 

April  26,  1882,  verification  of  adverse  by  agent;  proof  of  citizenship.  387 

March  3,  1883,  Alabama 388 

May  17,  1884,   Alaska 388 

August  30,  1890,  right  of  way  for  ditches  and  canals 389 

March  3,  1891,  townsites  on  mineral  lands;  reservoirs 389 

August  4,  1892,  building  stone 390 

November  3,  1893,  )  suspension  of  requirement   of   annual  expendi- 

July  18,  1894,  f      ture   390, 391 

March  2,  1895,  Wichita  lands  (Oklahoma) 391 

February  11,  1897,  petroleum 393 

March  3,  1891,  forest  reserves - 393 

June  10,  1896,  Fort  Belknap  Indian  Reservation 392 

June  10,  1896,  Blackfoot  Indian  Reservation 392 

June  10,  1896,  San  Carlos  Indian  Reservation 393 

May  14,  1898,  Alaska,  Canadians 395 

June  6,  1900,  Alaska 395 

June  6,  1900,  Comanche,  Kiowa,  and  Apache  lands 395 

January  31,  1901,  saline  lands 396 

May  27,  1902,  Uintah  and  White  River  Utes 397 

February  12,  1903,  oil  lands  (assessment) 398 

March  3,  1903,  Uncompahgre  Indian  Reservation 398 

April  23,  1904,  Flathead  Indian  Reservation 400 

April  27,  1904,  Crow  Indian  Reservation 400 

December  21,  1904,  Yakima  Indian  Reservation 401 

March  3,  1905,  Shoshone  Indian  Reservation 401 

March  22,  1906,  Colville  Indian  Reservation 401 

June  21,  1906,  Coeur  d  'Alene  Indian  Reservation 402 

March  2,  1907,  Alaska  mining  claims,  labor  on 402 

Additional  land  districts ." 384 

Adjustment  of  mineral  claims  to  public  surveys  (see  Public  surveys) . . .  379 

Adverse  claims: 

Proceedings  on 379,  420 

What  must  be  shown 420 

Verification  by  agent 387,  420 

Proof  of  disposition  of 421 

Judgment  against  both  parties 387 

Entry  on  judgment — evidence  required 379,  421 

Affidavits,  verification  of 384,  387 

Agent: 

Application  for  patent  by 

Citizenship,  proof  of,  made  by 376,  419 

Agreement  of  publisher 414 

Agricultural  lands,  segregation  of  mineral  from 384 

Alabama  lands   .  "  388 


442 

Page. 
Alaska  lands: 

Mining  laws  extended  to 388 

Mining  rights  extended  to  native-born  Canadians  under  certain  con- 
ditions   395, 425 

I>ivided  into  recording  districts 395,  425 

Bering  Sea,  mining  on  shoal  waters  of 395 

Miners '  regulations  in 395 

Labor  on  claims  in 402 

Amended  surveys  (see  Surveys) 432 

Amendments  to  regulations  44,  mining  regulations 434 

Amount  of  mineral 413 

Annual  expenditure: 

Generally 377,  385,  387,  390,  398,  403 

For  placers 408 

When  not  required 403 

Kequirement  for,  suspended,  1893,  1894 390 

Coowners,  forfeiture  by,  for  failure  to  contribute 376,  403 

Question  as  to,  one  solely  for  courts 416 

Oil  lands ! 398 

Apache  lands 395 

Apex   375,  404 

Appeal  from  surveyor-general 425 

Application  for  patent: 

Schedule  of  papers  transmitted  with 419 

Statute 377,413 

Pending  under  former  laws 380 

Must  not  include  land  embraced  in  existing  application,  selection, 

or  entry   413 

By  agent 387 

For  placer  (known  lode) 381,  408,  417 

Appointment  of  mineral  surveyors 381, 421,  426 

Area: 

Placer  380,  408 

Mill  site •. 383 

Arkansas,  mineral  surveys  in 410 

Assignee  (see  Saline  lands) 409 

Blackf oot  lands 392 

Blanks,   not  furnished 425 

Building  stone: 

Entered  under  placer  laws 390,  408 

Use  of,  for  domestic  purposes 426 

Not  excepted  from  grants  to  State  and  for  schools 390,  408 

Certificate  of  surveyor-general  as  to  improvements-. 378,  414, 432 

Character  of  land,  hearings  as  to 383,  421,  425 

Character  of  mineral 413 

Charges  and  fees: 

Proof  of   381,  414 

Excessive   421 

Paid  to  register  and  receiver 421 

Citizenship: 

Proof  of  376,  419 

Affidavit  of,  before  whom  made 388,  419 

Of  trustee  and  cestui  que  trust 417 

Claims  located  and  patented  prior  to  May  10,  1872 404 

Coeur  d  'Alene  lands 402 

Colville  lands    402 

Comanche  lands  395 

Conflicts   413 

Conformity  to  public  land  surveys 409 

Connected  diagram   410 

Connection    (see    Survey) 410,  429 

Contests  and   hearings 383,  414,  421 

Continuous  posting   378,  414 

Conveyance,  after  application 419 

Coowners    377,  403,  414 

Cornering  locations   403 

Corners    (see   Survey) 429 


443 

Page. 

Corporations    376,  419 

Cross  veins  (see  Veins) 383 

Crow  lands    400 

Definitions: 

Of  vein  or  lode 375 

Of  placer   • 380 

Of  mill  site 384 

Description  of  lode  claim: 

By  location  notice 375,  404 

By  survey    378,  410,  426 

Description  of  placers  where  taken  by  legal  subdivisions 379,  408,  414 

Descriptive  reports  on  placers 414,  433 

Dip    375,  404 

Discovery  375,  404 

Ditches  and  canals 384,  389 

Drainage   ; 384 

Easements    384 

End  lines   375,  403 

Entry: 

Schedule  of  papers  transmitted  with 419 

Lode   376, 414 

Placer   380, 414 

Mill  site   384,  419 

On   judgment   roll ". 379,420 

Errors  (see  Survey) 432 

Excessive  charges   381, 421 

Expenditure  ($500)    (see  Annual  expenditure) 377 

Certificate  of  surveyor-general 378,  414 

Eeport  of  mineral  surveyor 429 

Proof  of,  on  placer  by  legal  subdivisions 408,  417 

On  group  of  claims 414 

In  tunnel   385 

Exploration  and  purchase  of  mineral  lands 377 

Fees  of  register  and  receiver 421 

Field  notes  (see  Survey) 409 

Field    work     (see    Survey) 409,428 

Flathead  lands   399 

Forest  reserves 393, 425 

Forfeiture     377,  404 

Fort  Belknap  lands 392 

Grants,  mineral  lands  excepted  from 385 

Hearings    384,414,421 

Homesteads,  segregating  mining  claims  from 330,  384 

Improvements  (see  Annual  expenditure;   Expenditure) 

378,  385,  387,  390,  398,  404,  414 

Instructions  for  surveys  (see  Surveys) 429 

Judgment   (see  Adverse  claims) 379,  387,  420 

Kansas  (see  Mineral  lands) 386 

Kiowa  lands    395 

Kind   of  mineral 413 

Known  lodes   (see  Placer) 381, 408 

Laches  in  making  entry 414 

Land  districts,  establishment  of 384 

Legal  subdivisions  380,  409 

Length  of  lode  claims 375,  404 

Liens   381 

Limitations  (see  Statute  of  limitations) 380,  419 

Location: 

Made  prior  to  May  10,  1872 375,  404 

Made  under  act  May  10,  1872 375,  404 

Marking  of   404 

Record  of 404 

Tunnel  claim 376,  403 

Eights  conferred  by 376 

Locating  monuments  (see  Survey) 429 

Lodes: 

Discovery  375,  404 


444 

Page. 
Lodes — Continued. 

Length    375, 404 

Width    375,  404 

Location  and  record 375}  404 

Entry  and  patent 377,409,414 

Lost  records 413 

Lotting  (see  Segregation  survey) 421 

Maintenance  of  possession 375,  404 

Michigan  (see  Mineral  lands) 385 

Mill  sites: 

Patents  for   384,  418 

How  surveyed 418 

Price  per  acre 418 

Proof  of  nonmineral  character 418 

Minerals  enumerated 375 

Mineral  lands: 

Eeserved  from  sale  under  general  laws 375 

Reservation  not   applicable  to  certain   States 385,  387 

Excepted  from  'grants 385 

Mineral  monuments   410,  429 

Mineral  surveyors 381,  420-433 

Miner 's  regulations 377 

Mining  records,  proof  of  title  when  lost 413 

Minnesota  (see  Mineral  lands) 385 

Missouri  (see  Mineral  lands) 386 

National  forests,  mineral  lands  within 435 

Newspaper  charges  381, 420 

Notices  for  publication  and  posting 414 

Number  of  plats 409 

Occupation  and  purchase 375 

Office  work 381,  420,  425 

Oils  (mineral),  location  and  entry  of 393,  408 

Ore  extracted,  amount  and  value 413 

Papers,  methods  of  transmittal 419 

Patent: 

Procedure  to  obtain — 

Lode  377,  409-414 

Placer   380,  381,  414 

Mill  sites   384,  418 

Under  statute  of  limitations 380,  419 

Petroleum   393,408 

Placers: 

Application  for,  showing 414 

Timber  in   414 

Water  courses  in 414 

Yield  per  pan  or  cubic  yard 414 

Bedrock,  distance  to 414 

Deposit,  formation  and  extent 414 

Claim,  natural  features  of 414 

Definition  of  380 

Conformity  and  nonconformity  to  public  survey 380,  408 

Limitation  as  to  area 380,  408 

Location  of   380,  408 

Subdivisions  of  40-acre  tracts 380,  408 

Procedure  to  make  entry 380,  414 

Deputy 's  report  on 414,  433 

Survey,  when  necessary,  of 380,  414 

Lode  in,  procedure 381,  408 

Expenditure  on 408-414 

Price    414 

Proof  of  no  known  veins 408 

Plats,  preparation   of 377,  409,  432,  434 

Possessory  right   (statute  of  limitations) 380,  419 

Posting: 

Contents  of  notice 413,  414 

On  land 377,  413, 414 

Proof  of 377, 414 


445 

Posting — Continued. 

Page. 

In   office    377,  414 

Proof  of 419 

Continuous,  proof  of 414 

Preemption  and  homestead 384 

Price  payable  on  entry: 

Lode  claims  377,  414 

Placer   claims    381,  414 

Mill-site  claims  384,  418 

Saline  lands   397,409 

Lode  within  placer 381 

Protest: 

Alleging  noncompliance  with  law 377,  414 

Coowner   414 

As  to  character  of  land 421 

Public  surveys,  adjustment  of  mining  claims  with  reference  to 378 

Publication: 

Eequirement  of    377,  414 

Proof  of 414 

Cost  of   381, 421 

Eailroad  selection    413-421 

Eegister's  certificate  of  posting 419 

Regulations  of  miners  (see  Miner 's  regulations) 375 

Relocation    375, 404 

Reservation: 

Of  mineral  lands 375 

In  patents   384,  389 

Forest    393,  425 

Reservoirs    384,  389 

Saline  lands   387,  409 

San  Carlos  lands 392 

Segregations: 

Of  mineral  lands  from  agricultural 384 

Right  to  enter  remaining  agricultural  lands 384 

Survey,  when  required 425 

Selections: 

State  and  railroad 421 

Forest  reserve  lieu 421 

Serial  numbers,   entries 419 

Shoshone  lands  400 

State  (or  Territory)  may  provide  rules  for  working  mines 384 

States  not  subject  to  mining  laws 385-388 

Statute   of  limitations 380,  419 

Subdivisions,  legal,  into  10-acre  tracts 380, 408 

Survey: 

Statutes    377,  381 

Number  of  copies  of  plats  and  field  notes ] 

When  to  be  made I         409 

Numbered  progressively J 

Segregation  diagram 410 

Expenses  of    381,  420-425 

Appointment  of  mineral  surveyors 381,  420-425 

Charges  and  deposits  for  office  work 381,  420,  425 

Charges  for  amended  surveys 433 

Payment  of  mineral  surveyors 425 

Surveyor  to  keep  record  of 425 

Returns  by  surveyor 425 

Surveyor  must  not  act  as  attorney 425 

Field  work 409,  425 

Connections    409,  425 

Mineral  monuments 409,  425 

Corners   425-430 

Topographical  features ) 

Lode  and  mill  site >        430 

Lode  in  placer J 

Conflicts    409,  430 

Areas   409,  430 


446 

Field  work — Continued.  Page. 

Survey — Continued. 

Report  on  expenditures 430 

Preliminary  plat    - [ 

Erroneous  surveys,  joint j         432 

Amended  surveys 433 

Eeport  on  placers 433 

Surveyor,  mineral   381,  420, 433 

Sutro  tunnel   384 

Testimony,  what  should  show 425 

Timber,  use  of,  for  mining  and  domestic  purposes 386 

Title  (see  Abstract  of  title) 413,  419 

Possessory    380,  419 

Transfers  subsequent  to  application •. .  .         419 

Trustee,  application  by 414 

Town  sites  on  mineral  lands 389 

Tunnel: 

Expenditure  in 385 

Grant  to  A.  Sutro 384 

Eun  to  discover  mines 375,  408 

TJncompahgre  Indian  Reservation 398 

Uintah  and  White  Eiver  Ute  Indians 397 

Value  of  mineral 413 

Veins  (see  Lodes) : 

Apex,    dip    375,  404 

Intersection  or  union  of 383 

Verification  of  affidavits 383,  387 

Water  rights   383 

White  Eiver  Ute  Indians 397 

Wichita  lands  391 

Width  of  lode  claims 375,  404 

Wisconsin  (see  Mineral  lands) 385 

Work,  resumption  of 404 

Yakima  lands  400 


447 


MORTGAGES. 

See  Alienation. 

See  Reclamation. 

See  Water  Rights. 

The  question  of  a  mortgage  as  applied  to  public  lands,  and  par- 
ticularly to  the  homestead  entry,  is  a  very  important  one.  There 
is  no  specific  law  which  will  permit  of  mortgages  on  homesteads 
prior  to  issuance  of  the  Register's  final  certificate. 

By  the  Act  of  Congress,  approved  June  6th,  1912,  and  generally 
known  as  the  Three-year  Homestead  Law  (see  page  303),  it  is 
provided : 

"That  no  certificate  shall  be  given,  or  patent  issued,  until  the  expiration 
of  three  years  from  the  date  of  such  entry,  and  not  until  the  entryman  (or 
in  case  of  his  death  his  heirs  or  devisee,  or  in  case  of  a  widow  making  such 
entry,  her  heirs  or  devisees  in  case  of  her  death)  makes  an  affidavit  that  no 
part  of  said  land  has  been  alienated,  except  as  provided  in  Section  2288,  and 
that  he,  she  or  they  will  bear  true  allegiance  to  the  Government  of  the  United 
States,  then  in  such  case  he,  she  or  they,  if  at  that  time  citizens  of  the  United 
States,  shall  be  entitled  to  a  patent,  as  in  other  cases  provided  by  law." 

This  statute  prohibits  alienation  of  a  homestead  before  submis- 
sion of  final  proof.  There  is  no  law  which  will  prevent  claimant 
from  mortgaging  the  land  after  issuance  of  final  certificate. 

There  is  apparently  a  distinction  between  absolute  alienation 
and  a  conditional  one  through  a  mortgage  which  is  given  for  cer- 
tain purposes.  In  other  words,  a  distinction  is  recognized  between 
absolute  conveyance  of  the  land  and  a  mortgage  given  for  a  specific 
purpose,  not  inconsistent  with  the  good  faith  of  the  entryman. 

The  applicant  for  homestead  entry  is  required  to  make  affi- 
davit, among  other  things,  that  he  will  not  make  any  agreement 
or  contract,  in  any  way  or  manner,  with  any  person  or  persons, 
corporation  or  syndicate  whatsoever,  by  which  the  title  which  he 
may  acquire  from  the  Government  of  the  United  States  will  inure, 
in  whole  or  in  part,  to  the  benefit  of  any  person  except  himself. 

The  principle  thus  announced  was  followed  in  the  case  of  Lar- 
son vs.  Weisbecker,  1  L.  D.,  422,  Sec.  2262,  of  the  Revised  Statutes, 
was  under  consideration,  in  which  the  Secretary  said : 

"I  am  aware  that  the  former  rulings  of  your  office  (addressing  the  Com- 
missioner of  the  General  Land  Office)  and  of  this  department — following  the 
precedent  of  an  early  decision — have  held  that  an  outstanding  mortgage  given 
by  a  preemptor  upon  the  lands  embraced  in  his  filing  defeats  his  right  of 
entry  upon  the  ground  that  such  mortgage  is  a  contract  or  agreement  by  which 
title  to  the  lands  might  inure  to  some  other  person  than  himself. 

"A  careful  consideration  of  this  section  leads  me  to  a  different  conclu- 
sion, and  to  the  opinion  that  unless  it  shall  appear  under  the  rules  of  law 
applicable  to  the  construction  of  contracts  or  otherwise,  that  the  title  shall 
inure  to  another  person,  it  does  not  debar  the  right  of  entry;  and  that  the 
mere  possibility  that  the  title  might  so  result ' ' — as  in  the  case  of  an  ordinary 
mortgage — ' '  is  not  sufficient  to  forfeit  the  claim. ' ' 


448 

It  was  held  by  the  Department  in  the  case  of  "William  H.  Ray 
(6  L.  D.,  340) : 

"There  is  no  law  or  ruling  of  this  Department  now  in  force  that  pro- 
hibits a  preempter,  who  has  complied  with  the  requirements  of  the  preemption 
law  in  good  faith,  from  mortgaging  his  claim  to  procure  money  to  prove  up  and 
pay  for  his  land." 

The  department  held  in  the  case  of  Mudgett  vs.  Dnbuque  & 
Iowa  City  Rd.  Co.  (8  L.  D.,  243)  : 

"That  the  alienation  by  a  mortgage  is  not  an  absolute  alienation  as  would 
defeat  the  good  faith  and  bona  fides  of  an  entryman  under  the  above  section. ' ' 

The  section  referred  to  was  not  changed  in  this  particular  by 
the  Act  of  Congress  known  as  the  Three-year  Homestead  Law. 

There  seems  to  be  little  doubt  that  an  entryman  may  mortgage 
the  land  before  proof  to  secure  money  with  which  to  pay  for  the 
same. 

Speaking  about  the  principle  as  announced  in  the  case  of  Lar- 
son vs.  Weisbecker,  and  Wm.  H.  Ray,  supra,  the  Secretary  said : 

"Following  the  principle  thus  announced,  I  see  no  good  reason  why  a 
homestead  entryman,  whose  good  faith  is  otherwise  apparent,  may  not  mort- 
gage his  claim,  before  final  certificate,  to  procure  money  with  which  to  improve 
his  land,  or  for  any  other  purpose,  not  in  itself  tending  to  impeach  his 
bona  fides." 

Mudgett  vs.  Dubuque  &  Iowa  City  Kd.  Co.  (8  L.  D.,  243). 

Having  the  question  of  a  mortgage  under  consideration,  the 
Secretary  in  the  case  af  Haling  vs.  Edy  (9  L.  D.,  337), -said: 

"A  preempter  who  has,  in  good  faith,  complied  with  the  law,  may  mort- 
gage his  claim  to  procure  money  for  the  purpose  of  making  final  proof  and 
payment. ' ' 

It  was  said  in  the  case  of  Murdock  vs.  Ferguson  (13  L.  D.,  198)  : 

"A  mortgage  given  in  good  faith  on  the  purchase  of  the  improvements 
and  prior  possessory  right  of  another,  and  to  secure  the  repayment  of  money 
advanced  to  pay  the  Government  price  of  the  land,  does  not  defeat  the  pre- 
emptive right. ' ' 

In  a  comparatively  recent  case  it  was  said : 

"A  charge  of  abandonment  is  not  supported  by  showing  that  the  entry- 
man has  executed  a  deed  to  the  land  prior  t<?  final  proof,  where  it  appears  that 
said  instrument  was  intended  to  serve  the  purpose  of  a  mortgage  to  secure 
the  payment  of  money  advanced  to  the  entryman  for  his  pursonal  use,  and 
the  improvement  of  his  claim."  See  the  case  of  Kezar  v.  Horde,  27  L.  D.,  148. 

Mortgages  of  lands  embraced  in  homestead  entries  within  re- 
clamation projects  may  file  in  the  local  land  office  for  the  district 
within  which  the  land  is  located  a  notice  of  such  mortgage,  and 
shall  become  entitled  to  receive  and  be  given  the  same  notice  of 
any  contest  or  other  proceedings  thereafter  had  affecting  the  land 
as  is  required  to  be  given  the  entryman  in  connection  with  such 
proceeding.  Every  such  notice  of  a  mortgage  received  must  be 
forthwith  noted  upon  the  records  of  the  local  land  office  and  be 
promptly  reported  to  the  General  Land  Office,  where  like  notation 
will  be  made.  Relinquishment  of  a  homestead  entry  within  a 
reclamation  project  upon  which  final  proof  has  been  submitted, 
where  the  records  show  the  land  to  have  been  mortgaged,  will  not 
be  accepted  or  noted,  unless  the  mortgagee  joins  therein,  nor  will 
an  assignment  of  such  an  entry  or  part  thereof  under  the  Act  of 


449 

June  23,  1910  (36  Stat,  592),  be  recognized  or  permitted  unless 
the  assignment  specifically  refers  to  such  mortgage  and  is  made 
and  accepted  subject  thereto. 

Confirmation. 

"An  entry  that  is  fraudulent  in  its  inception,  and  is  transferred 
and  mortgaged  by  the  transferee  prior  to  March  1st,  1888,  is  not 
confirmed  by  Section  7,  Act  of  March  3,  1891,  where  at  the  date 
of  said  mortgage  the  entry  is  under  attack,  as  shown  by  the  records 
of  the  local  office,  on  the  charge  of  having  been  made  in  the  inter- 
est of  the  transferee,  and  such  allegations  is  duly  established  by 
the  evidence  submitted.  See  the  case  of  Roberts  vs.  Tobias,  et  al., 
13  L.  D.,  556. 

Notice. 

(1)  "A  mortgagee  who  files  no  notice  of  his  interest  in  the  local  office 
can  not  call  into  question  the  validity  of  the  proceedings  against  the  entry." 
Eoberts  v.  Tobias  et  al.,  13  L.  D.,  556. 

(2)  "If  the  transferee  had  on  file  in  the  local  office  a  statement  showing 
his  interest  in  the  entry,  he  was  entitled  to  notice  of  its  cancellation;   other- 
wise he  is  estopped  from  calling  in  question  the  validity  of  the  proceedings 
against  it." 

The  case  of  Chas.  C.  Ferry,  14  L.  D.,  126,  citing  the  cases  of — 

Cyrus  H.  Hill,  5  L.  D.,  276. 

A.  Joline,  5  L.  D.,  589. 

American  Investment  Co.,  5  L.  D.,  603. 

Van  Brunt  v.  Hammon  et  al.,  9  L.  D.,  561. 

John  J.  Dean,  10  L.  D.,  446. 

Otto  Soldam,  11  L.  D.,  194. 

Eobinson  v.  Knowles,  12  L.  D.,  462. 

(3)  "A  transferee  is  not  entitled  to  be  heard  on  rehearing  unless  he  shows 
that  he  can  furnish  further  and  better  evidence  than  that  produced  by  the 
entryman,  nor  can  he  question  the  validity  of  the  proceedings  against  the  entry 
if    notice   of   his   claim   was   not   filed   in   the   local    office."      See   the    case    of 
Robinson  v.  Knowles,  12  L.  D.,  462. 

(4)  Any  proceeding  by  the  Government  against  an  entry,  the  local  officers 
and  special  agents  are  under  no  obligation  to  examine  court  records  to  ascer- 
tain the  interests  of  transferees." 

U.  S.  v.  Lawrence  et  al.,  16  L.  D.,  47. 

(5)  "An  assignee  or  mortgagee  may  file  in  the  local  office,  under  oath,  a 
statement  showing  his  interest  in  a  pending  entry,  and  have  the  same  noted 
of  record,  and  thereafter  he  will  be  entitled  to  notice  of  any  adverse  action 
on  said  entry.  " 

American  Investment  Co.,  5  L.  D.  603. 

(6)  "A   transferee  who    has   notified   the   local   office   of   his   interest    is 
entitled  to  notice  of  all  action  affecting  the  entry  under  which  he  holds." 

(7)  "In  the  absence  of  an  adverse  claim,  a  transferee  may  submit  sup- 
plemental proof,  where  the  final  proof  is  found  insufficient  but  bad  faith  is  not 
apparent. ' ' 

Daniel  R.  Melntish,  8  L.  D.,  641. 

(8)  "A   transferee,  holding  under  a   final   certificate,  is  not  entitled   to 
be  heard  in  defense  of  an  entry,  but  if  he  fails  to  file  a  statement  in  the  local 
office  showing  his  interest  under  said  entry,  he  can  not  plead  want  of  notice 
as  against  the  contest  proceedings  of  another. 

"The  question  of  notice  is  jurisdictional  and  may  be  raised  any  time, 
and  when  raised,  or  apparent  on  the  face  of  the  record,  the  department  is 
bound  to  take  cognizance  thereof. 

"In  service  by  notice  of  publication,  posting  a  copy  in  the  office  of  the 
Register,  during  the  period  of  publication,  is  an  essential  without  which  notice 
is  incomplete." 

Van  Brunt  v.  Hammon  et  al.,  9  L.  D.,  561. 

(9)  "A  mortgagee,  or  transferee,  may  file  in  the  local  office  notice  of  his 
interest   in  any   entry  pending  therein,   and  when  such   notice   has  been   filed 
§aid  mortgagee,  or  transferee,  may  be  heard  to  sustain  the  validity  of  such 


450 

entry,  and  should  be  made  a  party  to  any  proceedings  involving  the  cancella- 
tion thereof. 

"An  entry,  however,  canceled  for  bad  faith  on  the  part  of  the  entryman 
without  notice  to  the  transferee  who  has  filed  a  statement  of  his  interest,  will 
not  be  reinstated  unless  reversible  or  prejudicial  error  is  made  to  appear  in 
the  judgment  of  cancellation. 

Manitoba  Mtge.  &  Invest.  Co.,  10  L.  D.,  566. 

(10)  "Where   proceedings  are   reinstated   by   the    Government   against   a 
final  entry,  which  has  been  mortgaged  or  transferred,  and  during  the  pendency 
of  such  proceeding  the  entryman  files  a  relinquishment,  the  entry  should  not 
be  canceled  until  final  decision  upon  the  rights   of  the  martgagee   or  trans- 
feree, and  no  application  to  another  of  land  should  be  received  until  the  pend- 
ing proceedings  have  been  disposed  of,  and  the  entry  formally  canceled  upon 
the  records  of  the  local  office. ' ' 

Henry  Gimbel  et  al.,  38  L.  D.,  198. 

(11)  "The  sale  or  incumbrance  of  the  land  after  final  proof  brings  no  new 
element   into   the   case  when  the   validity   of   the   entry   is   under   consideration, 
though  the  puchaster  or  mortgagee  is  accorded  the  right  to  show   that   the 
entryman  had  in  fact  complied  with  the  law. 

"There  is  no  authority  of  law  for  the  substitution  of  the  mortgagee  in 
the  place  of  the  entrvman." 

Geo.  B.  Thompson,  6  L.  D.,  263. 

(12)  "Where  one  is  induced  by  another  to  contract  for  disposal  of  a  part  of 
a  homestead  entry,  ignorant  of  any  violation  of  law,  but  on  learning  the  ille- 
gality of  the  contract,  voluntarily  rescinds  it,  the  entry  will  not  be   canceled 
on  a  contest  charging  said  fraudulent  contract,  instituted  by  the  party  who 
induced  it." 

Blanchard  v.  Butler,  37  L.  D.,  677. 

(13)  "A  mortgagee,  after  final  entry,  is  entitled  to  be  heard  on  appeal, 
in  case  the  entry  is  subsequently  held  for  cancellation.     The  case   of  R.  M. 
Chrisinger  cited  and  distinguished." 

E.  M.  Sherman  et  al.,  4  L.  D.,  544. 

(14)  "A  transferee  or  entryman  has  the  right  to  appear  and  defend  in 
case  the  entry  is  attacked. ' ' 

Windsor  v.  Sage,  6  L.  D.,  440. 

(15)  Section   2288  of  the   Revised   Statutes  provides:     "Sec.   2288.    Any 
person  who  has  already  settled,  or  hereafter  may  settle  on  the  public  lands, 
either  by  permission  or  by  virtue  of  the  homestead  law,  or  any  amendments 
thereto,  shall  have  the  right  to  transfer  by  warranty  against  his  own  acts,  any 
portion  of  his  claim  for  church,  cemetery,  or  school  purposes,  or  for  the  right  of 
way  of  railroads,  canals,  reservoirs  or  ditches  for  irrigation  or  drainage  across 
such  preemption  or  homestead,  and  the  transfer  for  such  public  purposes  shall  in  no 
way  vitiate  the  right  to  complete  and  perfect  the  title  to  their  preemption  or 
homestead."     (Sec.  3  of  the  Act  of  March  3,  1891,  enacts  that  Sec.  2288  of  the 
Revised  Statutes  be  amended  so  as  to  read  as  follows: 

"Sec.  2288.  Any  bona  fide  settler  under  the  preemption  homestead  or 
other  settlement  law  shall  have  the  right  to  transfer,  by  warranty  against  his 
own  acts,  any  portion  of  his  claim  for  church,  cemetery,  or  school  purposes,  or 
for  the  right  of  way  of  railroads,  canals,  reservoirs  or  ditches  for  irrigation 
or  drainage  across  it;  and  the  transfer  for  such  public  purposes  shall  in  no 
way  vitiate  the  right  to  complete  and  perfect  title  to  his  claim." 

For  the  right  of  assignment  of  lands  within  a  reclamation  project,  seo 
Circular  of  September  12,  1910,  and  December  17,  1910,  and  April  29,  1912, 
page  87. 

REGULATIONS   GOVERNING   ENTRIES  WITHIN  NATIONAL 
FORESTS,  SUPERSEDING  CIRCULAR  OF  JULY  23,  1907. 

Department  of  the  Interior, 

General  Land   Office, 
Washington,  D.  C.,  December  16,  1908. 
Registers  and  Receivers,  United  States  Land  Offices. 

Sirs:  Your  attention  is  called  to  the  Act  of  June  11,  1906  (34 
Stat.,  233),  the  copy  of  which  is  hereto  attached  as  Appendix  A. 
This  Act  authorizes  homestead  entries  for  lands  within  national 
forests,  and  you  are  instructed  thereunder  as  follows : 


451 

1.  Both  surveyed  and  unsurveyed  lands  within  national  forests 
which  are  chiefly  valuable  for  agriculture  and  not  needed  for  pub- 
lic use  may,  from  time  to  time,  be  examined,  classified,  and  listed 
under  the  supervision  of  the  Secretary  of  Agriculture,  and  lists 
thereof  will  be  filed  by  him  with  the  Secretary  of  the  Interior, 
who  will  then  declare  the  listed  lands  subject  to  settlement  and 
entry. 

2.  Any  person   desiring  to   enter  any  unlisted   lands  of  this 
character   should   present   an   application   for   their   examination, 
classification,  and  listing  to  the  district  forester  for  the  district  in 
which  the  land  is  located  in  the  manner  prescribed  by  regulations 
issued  by  the  Agricultural  Department.     (The  present  regulations 
are  attached  as  Appendix  B.) 

3.  When  any  lands  have  been  declared  subject  to  settlement 
and  entry  under  this  Act,  a  list  of  such  lands,  together  with  a 
copy  of  the  notice  of  restoration  thereof  to  entry  and  authority 
for  publication  of  such  notice,  will  be  transmitted  to  the  Register 
and  Receiver  for  the  district  within  which  the  lands  are  located. 
Upon  receipt  thereof  the  Register  will  designate  a  newspaper  pub- 
lished within  the  county  in  which  the  land  is  situated  and  trans- 
mit to  the  publishers  thereof  the  letter  of  authority  and  copy  of 
notice  of  restoration,  said  notice  to  be  published  in  the  designated 
newspaper  once  each  week  for  four  successive  weeks.     You  will 
also  post  in  your  office  a  copy  of  said  notice,  the  same  to  remain 
posted  for  a  period  of  sixty  days  immediately  preceding  the  date 
when  the  lands  are  to  be  subject  to  entry.    If  no  paper  is  published 
within  the  county,  publication  should  be  made  in  a  newspaper  pub- 
lished nearest  the  land. 

4.  The  cost  of  publishing  the  notice  mentioned  in  the  preced- 
ing paragraph  will  not  be  paid  by  the  receiver,  but  the  publish- 
er's vouchers  therefor,  in  duplicate,  should  be  forwarded  to  the 
Department  of  the  Interior,  Washington,  D.  C.,  by  the  publisher, 
accompanied  by  a  duly  executed  proof  of  publication.    The  Regis- 
ter will  require  the  publisher  to  promptly  furnish  him  with  a  copy 
of  the  issue  of  the  paper  in  which  such  notice  first  appears,  will 
compare  the  published  notice  with  that  furnished  by  this  office, 
and  in  case  of  discrepancy  or  error  cause  the  publisher  to  correct 
the  printed  notice  and  thereafter  publish  the  corrected  notice  for 
the  full  period  of  four  weeks. 

5.  In  addition  to  the  publication  and  posting  above  provided 
for,  you  will,  on  the  day  the  list  is  filed  in  your  office,  mail  a  copy 
of  the  notice  to  any  person  known  by  you  to  be  claiming  a  preferred 
right  of  entry  as  a  settler  on  any  of  the  lands  described  therein, 
and  also  at  the  same  time  mail  a  copy  of  the  notice  to  the  person 
on  whose  application  the  lands  embraced  in  the  list  were  examined 
and  listed,  and  advise  each  of  them  of  his  preferred  right  to  make 
entry  prior  to  the  expiration  of  sixty  days  from  the  date  upon 
which  the  list  is  filed. 

6.  Any  person  qualified  to  make  a  homestead  entry  who,  prior 
to  January  1,  1906,  occupied  and  in  good  faith  claimed  any  lands 
listed  under  this  Act  for  agricultural  purposes,  and  who  has  not 
abandoned  the  same,  and  the  person  upon  whose  application  such 
land  was  listed,  has,  each  in  the  order  named,  the  preferred  right 
to  enter  the  lands  so  settled  upon  or  listed  at  any  time  within  sixty 


452 

days  from  the  filing  of  the  list  in  your  office.  Should  an  applica- 
tion be  made  by  such  settler  during  the  sixty-day  period  you  will, 
upon  his  showing  by  affidavit  the  fact  of  such  settlement  and  con- 
tinued occupancy,  allow  the  entry.  If  an  application  is  made  dur- 
ing the  same  period  by  the  party  upon  whose  request  the  lands 
were  listed,  you  will  retain  said  application  on  file  in  your  office 
until  the  expiration  of  the  sixty-day  period,  or  until  an  entry  has 
been  made  by  a  claimant  having  the  superior  preference  right.  If 
no  application  by  a  bona  fide  settler  prior  to  January  1,  1906,  is 
filed  within  the  sixty-day  period,  you  will  allow  the  application 
of  the  party  upon  whose  request  the  lands  were  listed.  If  entry 
by  a  person  claiming  a  settler's  preference  right  is  allowed,  other 
applications  should  be  rejected  without  waiting  the  expiration  of 
the  preferred-right  period.  Of  the  applicants  for  listing,  only  the 
one  upon  whose  request  a  tract  is  listed  secures  any  preference 
right.  Other  applicants  for  the  listing  of  the  same  tract  acquire 
no  right  by  virtue  of  such  applications. 

7.  The  fact  that  a  settler  named  in  the  preceding  paragraph 
has  already  exercised  or  lost  his  homestead  right  will  not  prevent 
him  from  making  entry  of  the  lands  settled  upon  if  he  is  other- 
wise qualified  to  make  entry,  but  he  can  not  obtain  patent  until 
he  has  complied  with  all  of  the  requirements  of  the  homestead 
law  as  to  residence  and  cultivation  and  paid  $2.50  per  acre  for  the 
land  entered  by  him. 

8.  When  an  entry  embraces  unsurveyed  lands,  or  embraces  an 
irregular  fractional  part  of  a  subdivision  of  a  surveyed  section,  the 
entryman  must  cause  such   unsurveyed  lands   or  such  fractional 
parts  to  be  surveyed  at  his  own  expense  by  a  reliable  and  com- 
petent surveyor,  to  be  designated  by  the  United  States  Surveyor- 
General,  at  some  time  before  he  applies  to  make  final  proof.     Sur- 
vey will  not  be  required  when  the  tracts  can  be  described  by  legal 
subdivisions,  or  as  a  quarter  or  a  half  of  a  surveyed  quarter-sec- 
tion or  rectangular  lotted  tract,  or  as  a  quarter  or  a  half  of  a  sur- 
veyed quarter-quarter-quarter  section  or  rectangular  lotted  tract. 

9.  Application   for  survey  must  be   made   by   the   homestead 
claimants  or  their  duly  authorized  attorneys  to  the  United  States 
Surveyor-General  of  the  State  wherein  the  land  is  situated.     The 
applications  must  describe  the  claim  to  be  surveyed  by  metes  and 
bounds  following  the  description  contained  in  the  listing  and  entry. 
The  claimant  may  designate  the  surveyor  he  desires  to  do  the  work, 
who  will,  in  the  absence  of  objection,  be  authorized  so  to  do  by  the 
United   States   Surveyor-General.     Surveys  will   be  numbered   by 
the  United  States  Surveyor-General  consecutively  when  the  orders 
for  survey  are  issued,  beginning  with  No.  37,  thus  "H.  E.  S.  No.  — ." 

The  surveys  must  be  actually  made  on  the  ground  by  the  sur- 
veyor designated  by  the  United  States  Surveyor-General,  must  be 
in  strict  conformity  with  or  be  embraced  within  the  area  described 
in  the  listing  and  entry,  and  the  field  notes  and  preliminary  plat 
promptly  returned  to  the  Surveyor-General. 

10.  The  corners  of  each  claim  muset  be  numbered  consecutively, 
beginning  with  No.   1 ;  the  corner  and  survey  numbers  must  be 
neatly  chiseled  or  scribed  on  the  side   (facing  the  claim)    of  the 
stone,  post,  or  rock  in  place  marking  the  corner.    The  corners  may 
consist  of  a  stone  not  less  than  24  inches  long,  set  12  inches  in  the 


453 

ground ;  a  post  not  less  than  3  feet  long  by  4  inches  square,  set 
18  inches  in  the  ground,  or  a  rock  in  place.  Corner  No.  1  of.  each 
claim  must  be  connected  by  course  and  distance  with  an  established 
corner  of  the  public  surveys,  or  if  there  be  no  corner  within  a 
reasonable  distance  with  a  United  States  location  monument,  which 
may  be  established  by  the  surveyor  at  some  prominent  point  in  the 
vicinity,  and  may  consist  of  a  stone  not  less  than  30  by  20  by  6 
inches,  set  15  inches  in  the  ground,  or  a  post  8  feet  long  6  inches 
square,  set  3  feet  in  the  ground.  The  letters  U.  S.  L.  M.  and  num- 
ber of  the  monument  should  be  chiseled  or  cut  upon  the  side  of 
the  monument  and  a  detailed  description  thereof  furnished  the 
Surveyor-General  by  the  surveyor.  Such  bearings  from  the  corners 
of  the  claims  and  U.  S.  L.  monument  should  be  taken  to  near-by 
prominent  objects  as  will  serve  to  identify  the  locus  of  the  claim. 
Upon  the  return  of  the  field  notes  of  survey,  which  must  be  verified 
by  the  affidavit  of  the  surveyor,  executed  before  any  officer  qualified 
to  administer  oaths  and  having  a  seal,  and  the  preliminary  plat, 
the  Surveyor-General  will  cause  same  to  be  examined,  and  if  found 
regular,  approve  the  same  and  cause  to  be  prepared  three  sets  of 
field  notes  and  four  plats  of  the  claim,  deliver  to  the  claimant  one 
plat  to  be  posted  on  the  claim ;  transmit  two  plats  and  t\vo  sets  of 
field  notes  to  the  Register  and  receiver  of  the  local  land  office,  one 
set  to  be  forwarded  to  this  office,  with  the  final  proof  of  claimant, 
and  one  plat  and  field  notes  to  be  retained  in  the  office  of  the  Sur- 
veyor-General. Action  upon  applications  for  survey  and  upon  the 
surveys  when  returned  must  be  promptly  had.  Surveys  of  home- 
stead claims  heretofore  made  may  be  accepted  and  approved  by 
Surveyors-General  if  in  substantial  conformance  to  the  requirements 
herein  set  forth. 

11.  The  commutation  provisions  of  the  homestead  laws  do  not 
apply  to  entries  made  under  this  Act,  but  all  entrymen  must  make 
filial  proof  of  residence   and  cultivation  within  the  time,  in  the 
manner,  and  under  the  notice  prescribed  by  the  general  provisions 
of  the  homestead  laws,  except  that  all  entrymen  who  are  required 
by  the  preceding  paragraph  to  have  their  lands,  or  any  portion  of 
them,  surveyed  must,  within  five  years  from  the  date  of  their  set- 
tlement, present  to  the  Register  and  Receiver  their  application  to 
make  final  proof  on  all  of  the  lands  embraced  in  their  entries,  with 
a  certified  copy  of  the  plat  and  field  notes  of  their  survey  attached 
thereto. 

12.  In  all  cases  where  a  survey  of  any  portion  of  the  lands 
embraced  in  an  entry  under  this  Act  is  required,  the  Register  will, 
in  addition  to  publishing  and  posting  the  usual  final-proof  notices, 
keep  a  copy  of  the  final-proof  notice,  with  a  copy  of  the  field  notes 
and  the  plat  of  such  survey  attached,  posted  in  his  office  during  the 
period  of  publication,  and  the  entryman  must  keep  a  copy  of  the 
final-proof  notice  and  a  copy  of  the  plat  of  his  survey  prominently 
posted  on  the  lands  platted  during  the  entire  period  of  publication 
of  notice  of  intention  to  submit  final  proof,  and  at  the  same  time 
his  final  proof  is  offered  he  must  file  an  affidavit  showing  the  date 
on  which  the  copies  of  the  notice  and  plat  were  posted  on  the  land 
and  that  they  remained  so  posted  during  such  period,  giving  dates. 

13.  Section  1  of  the  said  Act  of  June  11,  1906,  having  been 
amended  by  the  Act  of  May  30,  1908   (35  Stat.,  554),  the  only 


454 

counties  in  southern  California  in  which  entries  thereunder  can 
not  be  made  are  San  Luis  Obispo  and  Santa  Barbara,  to  which 
counties  the  Act  of  June  11,  1906,  does  not  apply.  Entries  made 
of  lands  in  the  Black  Hills  National  Forest  can  be  made  only  under 
the  terms  and  upon  the  conditions  prescribed  in  sections  3  and  4 
of  the  Act  of  June  11,  1906,  as  amended  by  the  act  of  February 
8,  1907  (34  Stat,  883). 

14.  This  Act  does  not  authorize  any  settlements  within  forest 
reserves  except  upon  lands  which  have  been  listed,  and  then  only  in 
the  manner  mentioned  above,  and  all  persons  who  attempt  to  make 
any  unauthorized  settlement  within  such  reserves  will  be  considered 
trespassers  and  treated  accordingly. 
Very  respectfully, 

Fred  Dennett,  Commissioner. 
Approved. 

James  Rudolph  Garfield, 

^Secretary. 

See  38  L.  D.,  278,  for  Instructions  to  Surveyors-General  relative 
to  surveys. 

APPENDIX  A. 

An  Act  to  provide  for  the  entry  of  agricultural  lands  within  forest  reserves. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  of  Agriculture 
may  in  his  discretion,  and  he  is  hereby  authorized,  upon  application  or  other- 
wise, to  examine  and  ascertain  as  to  the  location  and  extent  of  land  within 
permanent  or  temporary  forest  reserves,  except  the  following  counties  in  the 
State  of  California:  Inyo,  Tulare,  Kern,  San  Luis  Obispo,  Santa  Barbara, 
Ventura,  Los  Angeles,  San  Bernardino,  Orange,  Riverside,  and  San  Diego; 
which  are  chiefly  valuable  for  agriculture,  and  which,  in  his  opinion,  may  be 
occupied  for  agricultural  purposes  without  injury  to  the  forest  reserves,  and 
which  are  not  needed  for  public  purposes,  and  may  list  and  describe  the  same 
by  metes  and  bounds,  or  otherwise,  and  file  the  lists  and  descriptions  with  the 
Secretary  of  the  Interior,  with  the  request  that  the  said  lands  be  opened  to 
entry  in  accordance  with  the  provisions  of  the  homestead  laws  and  this  act. 

Upon  the  filing  of  any  such  list  or  description  the  Secretary  of  the  Interior 
shall  declare  the  said  lands  open  to  homestead  settlement  and  entry  in  tracts 
not  exceeding  one  hundred  and  sixty  acres  in  area  and  not  exceeding  one  mile 
in  length,  at  the  expiration  of  sixty  days  from  the  filing  of  the  list  in  the 
land  office  of  the  district  within  which  the  lands  are  located,  during  which 
period  the  said  list  or  description  shall  be  prominently  posted  in  the  land 
office  and  advertised  for  a  period  of  not  less  than  four  weeks  in  one  newspaper 
of  general  circulation  published  in  the  county  in  which  the  lands  are  situated: 
Provided,  That  any  settler  actually  occupying  and  in  good  faith  claiming  such 
lands  for  agricultural  purposes  prior  to  January  first,  nineteen  hundred  and 
six,  and  who  shall  not  have  abandoned  the  same,  and  the  person,  if  qualified 
to  make  a  homestead  entry  upon  whose  application  the  land  proposed  to  be 
entered  was  examined  and  listed,  shall,  each  in  the  order  named,  have  a  prefer- 
ence right  of  settlement  and  entry:  Provided  further,  That  any  entry'man 
desiring  to  obtain  patent  to  any  lands  described  by  metes  and  bounds  entered 
by  him  under  the  provisions  of  this  Act  shall,  within  five  years"  of  the  date 
of  making  settlement,  file,  with  the  required  proof  of  residence  and  cultivation, 
a  plat  and  field  notes  of  the  lands  entered,  made  by  or  under  the  direction  of 
the  United  States  surveyor-general,  showing  accurately  the  boundaries  of  such 
lands,  which  shall  be  distinctly  marked  by  monuments  on  the  ground,  and  by 
posting  a  copy  of  such  plat,  together  with  a  notice  of  the  time  and  place  of 
offering  proof,  in  a  conspicuous  place  on  the  land  embraced  in  such  plat  during 
the  period  prescribed  by  law  for  the  publication  of  his  notice  of  intention  to 
offer  proof,  and  that  a  copy  of  such  plat  and  field  notes  shall  also  be  kept 
posted  in  the  office  of  the  register  of  the  land  office  for  the  land  district  in 
which  such  lands  are  situated  for  a  like  period;  and  further,  that  any  agricul- 
tural lands  within  forest  reserves  may,  at  the  discretion  of  the  Secretary,  be 


455 

surveyed  by  metes  and  bounds,  and  that  no  lands  entered  under  the  provisions 
of  this  Act  shall  be  patented  under  the  commutation  provisions  of  the  home- 
stead laws,  but  settlers,  upon  final  proof,  shall  have  credit  for  the  period  of 
their  actual  residence  upon  the  lands  covered  by  their  entries. 

Sec.  2.  That  settlers  upon  lands  chiefly  valuable  for  agriculture  within 
forest  reserves  on  January  first,  nineteen  hundred  and  six,  who  have  already 
exercised  their  lost  homestead  privilege,  but  are  otherwise  competent  to  enter 
lands  under  the  homestead  laws,  are  hereby  granted  an  additional  homestead 
right  of  entry  for  the  purposes  of  this  act  only,  and  such  settlers  must  other- 
wise comply  with  the  provisions  of  the  homestead  law,  and  in  addition  thereto 
must  pay  two  dollars  and  fifty  cents  per  acre  for  lands  entered  under  the  pro- 
visions of  this  section,  such  payment  to  be  made  at  the  time  of  making  final 
proof  on  such  lands. 

Sec.  3.  That  all  entries  under  this  act  in  the  Black  Hills  Forest  Reserve 
shall  be  subject  to  the  quartz  or  lode  mining  laws  of  the  United  States,  and 
the  laws  and  regulations  permitting  the  location,  appropriation,  and  use  of  the 
waters  within  the  said  forest  reserves  for  mining,  irrigation,  and  other  pur- 
poses; and  no  titles  acquired  to  agricultural  lands  in  said  Black  Hills  Forest 
Eeserve  under  this  act  shall  vest  in  the  patentee  any  riparian  rights  to  any 
stream  or  streams  of  flowing  water  within  said  reserve;  and  that  such  limita- 
tion of  title  shall  be  expressed  in  the  patents  for  the  lands  covered  by  such 
entries. 

Sec.  4.  That  no  homestead  settlements  or  entries  shall  be  allowed  in  that 
portion  of  the  Black  Hills  Forest  Eeserve  in  Lawrence  and  Pennington  counties 
in  South  Dakota  except  to  persons  occupying  lands  therein  prior  to  January 
first,  nineteen  hundred  and  six,  and  the  provisions  of  this  act  shall  apply 
to  the  said  counties  in  said  reserve  so  far  as  is  necessary  to  give  and  perfect 
title  of  such  settlers  or  occupants  to  lands  chiefly  valuable  for  agriculture 
therein  occupied  or  claimed  by  them  prior  to  the  said  date,  and  all  homestead 
entries  under  this  act  in  said  counties  in  said  reserve  shall  be  described  by 
metes  and  bounds  survey. 

Sec.  5.  That  nothing  herein  contained  shall  be  held  to  authorize  any  future 
settlement  on  any  lands  within  forest  reserves  until  such  lands  have  been 
open  to  settlement  as  provided  in  this  act,  or  to  any  way  impair  the  legal 
rights  of  any  bona  fide  homestead  settler  who  has  or  shall  establish  residence 
upon  public  lands  prior  to  their  inclusion  within  a  forest  reserve. 

Approved,  June  11,  1906.— (34  Stat.,  233.) 
An  Act  Excepting  certain  lands  in  Pennington  County,  South  Dakota,  from  the 

operation   of   the   provisions   of   section   four   of   an    Act   approved    June 

eleventh,  nineteen  hundred  and  six,  entitled  "An  Act  to  provide  for  the 

entry  of  agricultural  lands  within  forest  reserves." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  following  described  town- 
ships in  the  Black  Hills  Forest  Reserve,  in  Pennington  County,  South  Dakota, 
to  wit:  Townships  one  north,  one  east;  two  north,  one  east;  one  north,  two 
east;  two  north,  two  east;  one  south,  one  east;  two  south,  one  east;  one  south, 
two  east;  and  two  south,  two  east,  Black  Hills  meridian,  are  hereby  excepted 
from  the  operation  of  the  provisions  of  section  four  of  an  Act  entitled  "An 
Act  to  provide  for  the  entry  of  agricultural  lands  within  forest  reserves," 
approved  June  eleventh,  nineteen  hundred  and  six.  The  lands  within  the  said 
townships  to  remain  subject  to  all  other  provisions  of  said  Act. 

Approved,  February  8,  1907. — (34  Stat.,  883.) 
An  Act  To  amend  an  Act  approved  June  eleventh,  nineteen  hundred  and  six, 

entitled  "An  Act  to  provide  for  the  entry  of  agricultural  lands  within 

forest  reserves." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  an  Act  entitled  "An  Act  to 
provide  for  the  entry  of  agricultural  lands  within  forest  reserves,"  approved 
June  eleventh,  nineteen  hundred  and  six,  be  amended  by  striking  out  of 
section  one  the  following  words:  "Except  the  following  counties  in  the  State 
of  California:  Inyo,  Tulare,  Kern,  Ventura,  Los  Angeles,  San  Bernardino, 
Orange,  Riverside,  and  San  Diego." 

Approved,  May  30,  1908.— (35  Stat.,  554.) 


456 

APPENDIX  B. 

Kegulations  Governing  Applications  Under  the  Act  of  June  11,  1906. 

U.  S.  Department  of  Agriculture, 

Forest  Service. 

1.  All  applications  for  the  listing  of  lands   under  the  act   of  June   11, 
1906,  must  be  signed  by  the  person  who  desires  to  make  entry,  and  must  be 
mailed  to  the  district  forester  for  the  district  in  which  the  land  is  located. 

2.  The  person  upon  whose  application  the  land  is  listed  has  the  preference 
right  of  entry,  unless  there  was  a  settler  on  the  land  prior  to  January  1,  1906, 
in  which  event  the  settler  has  the  preference  right. 

3.  Persons  having  preference  rights  under  the  act  may  file  their  entries 
at  any  time  within  sixty  days  after  the  filing  of  the  list  in  the  local  land 
office.     If  they  do  not  make  entry  within  that  time,  the  land  will  be  subject 
to  entry  by  the  first  qualified  person  to  make  application  at  the  local  land 
office. 

4.  All    applications   must    give    the    name    of    the    national    forest    and 
describe  the  land  by  legal  subdivisions,  section,  township,  and  range,  if  sur- 
veyed, and  if  not  surveyed,  by  reference  to  natural  objects,  streams,  or  improve- 
ments, with  sufficient  accuracy  to  identify  it. 

5.  Section  2  of  the  act  gives,  within  national  forests  only,  an  additional 
homestead  right  of  entry  upon  lands  chiefly  valuable  for  agriculture,  to  settlers 
prior  to  January  1,  1906,  who  have  already  exercised  or  lost  their  homestead 
privilege,  but  who  are  otherwise  competent  to  enter  under  the  homestead  laws. 
The  general  act  of  February  8,  1908,  provides  that  any  person  who,  prior  to 
February    8,    1908,    made    entry    under    the    homestead    laws,    but    for    any 
cause   has  lost,   forfeited,   or    abandoned   his   entry   shall   be    entitled    to    the 
benefits  of  the  homestead  law  as  though  such  former  entry  had  not  been  made, 
except  when  the  entry  was  canceled  for  fraud  or  was  relinquished  for  a  valuable 
consideration. 

6.  The  fact  that  an  applicant  has  settled  upon  land  will  not  influence  the 
decision  with  respect  to  its  agricultural  character.     Settlers  must  not  expect 
to  include  valuable  timber  land  in  their  entries.     Settlement  made  after  Jan- 
uary 1,  1906,  and  in  advance  of  opening  by  the  Secretary  of  the  Interior,  is 
not  authorized  by  the  act,  will  confer  no  rights,  and  will  be  trespass. 

7.  Entry  under  the  act  is  within  the  jurisdiction  of  the  Secretary  of  the 
Interior,  who  will  determine  preference  rights  of  applicants. 

8.  Applicants  who  appear  to  have  a  preference  right  under  the  act  of 
June  11,  1906,  will  be  permitted  to  occupy  so  much  of  the  land  applied  f&r 
by  them  as,  in  the  opinion  of  the  forest  supervisor,  is  chiefly  valuable  for  agri- 
culture. 

OFFERING  OF  NATIONAL  FOREST  LANDS— PUBLICATION  OF  NOTICE. 

Notice  to  Publishers. 

Department  of  the  Interior, 

Washington,  October  4,  1911. 

The  act  of  June  11,  1906  (34  Stat.,  233),  requires  that  the  opening  of 
national  forest  lands  thereunder  shall  be  advertised  for  not  less  than  four 
weeks  in  one  newspaper  of  general  circulation  published  in  the  county  in  which 
the  lands  are  situated,  except  where  no  newspaper  is  published  in  the  county 
wherein  the  land  is  situated,  in  which  case  the  opening  should  be  advertised 
in  the  newspaper  nearest  the  land. 

Therefore,  publishers,  before  commencing  publication  of  notices  under  the 
above-designated  act,  should  determine  whether  their  paper  is  the  proper  one 
in  which  to  make  such  publication;  if  not,  they  should  immediately  return  the 
notice  to  the  register  of  the  local  land  office  so  that  publication  may  be  ordered 
in  the  proper  county  and  paper. 

Publishers  are  hereby  notified  that  if  by  any  mistake  of  Land  Office 
officials,  or  for  any  other  reason,  notices  above  described  should  erroneously 
be  sent  to  them  and  they  should  publish  the  same,  no  compensation  will  be 
allowed  therefor. 

Samuel  Adams, 
First   Assistant    Secretary. 


457 

INSTRUCTIONS  RELATING  TO  HOMESTEAD  ENTRIES  ALLOWED  IN 
CONFLICT  WITH  LANDS  WITHDRAWN  FOR  FORESTRY  PURPOSES 
—RIGHTS  OF  CONTESTANTS— ACT  OF  MARCH  3,  1911. 

Department  of  the  Interior, 

General   Land   Office, 
Washington,  April  6,  1911. 
Registers  and  Receivers,  United  States  Land  Offices. 

Gentlemen:  Your  attention  is  directed  to  the  act  of  Congress  approved 
March  3,  1911  (Public,  No.  469),  entitled  "An  Act  providing  for  the  validation 
of  certain  homestead  entries,"  which  reads  as  follows: 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  all  homestead  entries  which 
have  been  canceled  or  relinquished,  or  are  invalid  solely  because  of  the  erroneous 
allowance  of  such  entries  after  the  withdrawal  of  lands  for  national  forest 
purposes,  may  be  reinstated  or  allowed  to  remain  intact,  but  in  the  case  of 
entries  heretofore  canceled  applications  for  reinstatement  must  be  filed  in  the 
proper  local  land  office  prior  to  July  first,  nineteen  hundred  and  twelve. 

Sec.  2.  That  in  all  cases  where  contests  were  initiated  under  the  pro- 
visions of  the  act  of  May  fourteenth,  eighteen  hundred  and  eighty,  prior  to 
the  withdrawal  of  the  land  for  national  forest  purposes,  the  qualified  successful 
contestants  may  exercise  their  preference  right  to  enter  the  land  within  six 
months  after  the  passage  of  this  act. 

1.  Applications  for  the  reinstatement  of  entries  coming  within  the  pro- 
visions of  section  1  of  the  act  must  be  filed  in  the  proper  local  land  office 
prior  to  July  1,  1912.     Promptly  upon  the  filing  of  such  applications,  you  will 
forward  the  same  to  this  office  by  special  letter,  making  such  recommendation 
in  the  premises  as  the  facts  may  warrant,  and  a  statement  as  to  the  status,  of 
the  land  involved.     Each  application  should  be  accounted  for  on  your  appro- 
priate schedule  of  serial  numbers  for  the  month  in  which  the  same  was  for- 
warded, showing  the  date  of  transmittal. 

2.  Section  2  has  reference  only  to  contests  initiated  prior  to  March  3,  1911, 
and  prior  to  the  withdrawal  for  national  forest  purposes  of  the  lands  involved. 
You  will  require  applicants  under  said  section  to  show  their  qualifications  at 
the  time  their  applications  are  presented. 

3.  You  will  notify  the  proper  forest  officer  of  all  action  taken  by  you 
under  this  act. 

Very  Respectfully,  Fred  Dennett, 

Commissioner. 

MINERAL  OR  AGRICULTURAL  CLAIMS  WITHIN  NATIONAL  PARKS. 

Department  of  the  Interior, 

General   Land   Office, 
Washington,   D.   C.,   January   10,    1911. 
Registers  and  Receivers,  United  States  Land  Offices;  Chiefs  of  Field  Divisions; 

and  Superintendents  of  National  Parks: 

Under  date  of  November  12,  1910,  the  Secretary  of  the  Interior  advised 
this  office,  among  other  things,  as  follows: 

It  is  desirable  that  in  so  far  as  it  is  possible  the  title  to  lands  within  the 
limits  of  National  Parks  should  icmain  in  the  Government,  so  that  the  parks 
may  be  protected,  developed,  and  controlled  by  the  United  States.  In  a  num- 
ber of  parks,  however,  there  are  claims,  mineral  or  agricultural,  upon  which 
possession  is  being  maintained  on  the  ground  that  the  claims  were  initiated 
prior  to  the  creation  of  the  parks  or  the  inhibition  of  further  disposition  or 
acquisition  of  lands  therein. 

Accordingly,  in  all  cases  of  applications  to  make  final  proof,  final  entry, 
or  to  purchase  public  lands,  under  any  public-land  law,  the  register  and 
receiver  will,  where  any  of  said  lands  are  within  the  limits  of  National  Parks, 
at  once  forward  a  copy  thereof  to  the  Chief  of  Field  Division  of  Special 
Agents.  Such  copy,  as  well  as  the  original  application,  will  be  indorsed  with 
the  name  of  the  National  Park  within  which  the  said  land,  or  any  portion 
thereof,  is  situate.  A  second  copy  will  also  be  forwarded  to  the  Superintendent 
in  charge  of  the  National  Park. 

Valid  entries  may  proceed  up  to  and  including  the  submission  of  final 
proof,  but  no  purchase  money  will  be  received  or  final  certificate  of  entry 
issued  until  further  orders.  The  record  of  the  entry  should  be  forwarded  with 


458 

your  regular  monthly  returns,  and  will  be  held  in  this  office  until  receipt  of 
the  report  of  the  special  agent  and  the  superintendent  of  the  park. 

The  Chief  of  Field  Division,  on  receipt  of  such  copy  of  notice,  will  make  a 
case  thereof  on  his  docket,  and  will  also  make  a  field  examination  of  the  lands 
so  sought  to  be  entered,  and  submit  a  report  thereof  direct  to  this  office. 

Chiefs  of  Field  Divisions  and  Superintendents  will  exert  every  effort  to 
make  the  field  examination  prior  to  date  for  final  proof. 

Where  the  claim  sough,t  to  be  entered  is  upon  unsurveyed  lands  the  regis- 
ters and  receivers  will  carefully  examine  the  plat  and  field  notes  of  survey 
of  such  claim,  and  such  other  data  as  may  be  available,  to  ascertain  the  true 
locus  thereof  with  respect  to  National  Parks;  and,  if  in  any  doubt  as  to 
whether  or  not  the  land  sought  to  be  purchased  is  within  a  National  Park, 
they  should  call  upon  the  Surveyor-General  for  a  report  in  the  premises. 

The  attention  of  local  officers,  chiefs  of  field  divisions,  and  superintendents 
of  National  Parks,  is  called  especially  to  the  last  sentence  of  the  Secretary 's 
order,  which  reads  as  follows: 

"You  will  also,  upon  receipt  of  report  or  allegation  from  special  agents  or 
from  others,  that  any  locations  or  claims  within  National  Parks,  for  which 
application  for  patent  or  entry  have  not  been  made,  are  invalid  or  are  not 
being  maintained  as  required  by  law,  report  such  cases  to  this  Department  in 
order  that  appropriate  instructions  may  be  issued  and  action  taken. ' ' 

As  will  be  observed,  this  relates  to  locations  or  claims,  mineral  or  agri- 
cultural, within  National  Parks,  for  which  no  applications  for  patent  or  entry 
have  been  presented  to  the  local  officers.  Under  these  instructions  you  need 
not  await  the  presentation  of  an  application  for  patent  for  these  locations  or 
claims  prior  to  making  any  investigation  or  report  to  this  office;  but  you  will 
promptly,  in  all  such  cases  as  are  by  you,  for  any  reason,  deemed  to  be  invalid 
(or  reported  to  you  as  being  invalid),  submit  your  report  and  recommenda- 
tions with  respect  thereto,  in  order  that  this  office  may  at  the  earliest  possible 
moment  take  such  steps,  through  the  Department,  as  may  be  appropriate  and 
necessary  to  protect  the  interests  of  the  Government  in  the  premises. 

Fred  Dennett, 

Approved  January  10,  1911.  Commissioner. 

B.  A.  Ballinger, 

Secretary. 

OIL,  GAS  AND  PETROLEUM. 

(See    United    States    Mining    Law    and    Regulations    thereunder 

page  375.) 

Lands  containing  oil,  gas  and  petroleum  or  other  minerals  may 
be  entered  and  patented  under  the  placer  mining  laws. 

February  11,  1897,  the  following  Act  was  approved: 
"An  Act  to  authorize  the  entry  and  patenting  of  lands  containing  petroleum, 

and  other  mineral  oils,  under  the  placer  mining  laws  of  the  United  States. 

"Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives  of  the  United 
States  of  America,  in  Congress  assembled,  that  any  person  authorized  to  enter 
lands  under  the  mining  laws  of  the  United  States  may  enter  and  obtain  a 
patent  to  lands  containing  petroleum  or  other  mineral  oils,  and  chiefly  valuable 
therefor,  under  the  provisions  of  the  laws  relating  to  placer  mineral  claims; 
Provided,  that  lands  containing  such  petroleum  or  other  mineral  oils  which 
have  heretofore  been  filed  upon,  claimed  or  improved  as  mineral,  but  not  yet 
patented,  may  be  held  and  patented  under  the  provisions  of  this  Act  the  same 
as  if  such  filing,  claim  or  improvement  were  subsequent  to  the  date  of  the 
passage  hereof."  (See  Circular  February  25,  1897,  24  L.  D.,  page  183.) 

ASSESSMENT. 

The  Act  of  February  12,  1903  (32  Stat.,  825),  provides: 

"That  where  oil  lands  are  located  under  the  provisions  of  Title  32, 
Chapter  C,  Revised  Statutes  of  the  United  States,  as  placer  mining  claims,  tin1 
annual  assessment  labor  upon  such  claims  may  be  done  upon  any  one  of  a 
group  of  claims  lying  contiguous  and  owned  by  the  same  person  or  corpora- 
tion, not  exceeding  five  claims  in  all;  Provided,  that  said  labor  will  extend 


459 

to  the   development  or  to  determine   the   oil-bearing   character  of   such  con- 
tiguous claims." 

The  Act  approved  March  2,  1911,  Public  No.  450,  provides: 
"That  in  no  case  shall  patent  be  denied  to  or  for  any  lands  heretofore 
located  or  claimed  under  the  mining  laws  of  the  United  States  containing 
petroleum,  mineral  oil,  or  gas  solely  because  of  any  transfer  or  assignment 
thereof  or  of  any  interest  or  interests  therein  by  the  original  locator  or 
locators,  or  any  of  them,  to  any  qualified  persons  or  person,  or  corporation, 
prior  to  discovery  of  oil  or  gas  therein,  but  if  such  claim  is  in  all  respects 
valid  and  regular,  patent  therefor,  not  exceeding  160  acres  in  any  one  claim, 
shall  issue  to  the  holder  or  holders  thereof,  as  in  other  cases:  Provided,  how- 
ever, that  such  lauds  were  not  at  the  time  of  inception  of  development  on  or 
under  such  claim  withdrawn  from  mineral  entry."  (36  Stat.,  1015.) 

WITHDRAWALS  AND  EXPLORATION. 

"An  Act  to  authorize  the  President  of  the  United  States  of  America,  with- 
drawals of  public  lands  in  certain  cases. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  that  the  President  may,  at  any 
time  in  his  discretion,  temporarily  withdraw  from  settlement,  location,  sale  or 
entry,  any  of  the  public  lands  of  the  United  States,  including  the  District  of 
Alaska,  and  reserve  the  same  for  water  power  sites;  irrigation,  classification 
of  lands,  or  other  public  purposes  to  be  specified  in  the  orders  of  withdrawals, 
and  such  withdrawals  or  reservations  shall  remain  in  force  until  revoked  by 
him  or  by  an  Act  of  Congress. 

Sec.  2.  That  all  lands  withdrawn  under  the  provisions  of  this  Act  shall 
at  all  times  be  open  to  exploration,  discovery,  occupation,  and  purchase,  under 
the  mining  laws  of  the  United  States,  so  far  as  same  apply  to  minerals 
other  than  coal,  oil,  gas  and  phosphates:  Provided,  that  the  rights  of 
any  person  who,  at  the  date  of  any  order  of  withdrawal  heretofore  or  here- 
after made,  is  a  bona  fide  occupant  or  claimant  of  oil  or  gas  bearing  lands, 
and  who,  at  such  date,  is  in  diligent  prosecution  of  work  leading  to  discovery 
of  oil  or  gas,  shall  not  be  affected  or  impaired  by  such  order,  so  long  as  such 
occupant  or  claimant  shall  continue  in  diligent  prosecution  of  such  work; 
and  Provided,  further,  that  this  act  shall  not  be  construed  as  a  recognition, 
abridgement  or  enlargement  of  any  asserted  rights  or  claims  initiated  upon 
any  oil  or  gas  bearing  lands  after  any  withdrawal  of  such  lands  made  prior 
to  the  passage  of  this  Act:  and  Provided,  further,  that  there  shall  be  excepted 
from  the  force  and  effect  of  any  withdrawal  made  under  the  provisions  of  this 
Act  all  lands  which  are,  on  the  date  of  such  withdrawal,  embraced  in  any 
lawful  homestead  or  desert  land  entry  theretofore  made,  or  upon  which  any 
valid  settlement  has  been  made  and  is  at  said  date  being  maintained  and 
perfected  pursuant  to  law;  but  the  terms  of  this  proviso  shall  not  continue  to 
apply  to  any  particular  tract  of  land  unless  the  entryman  or  settler  shall 
continue  to  comply  with  the  law  under  which  the  entry  or  settlement  was 
made:  and  Provided,  further,  that  hereafter  no  forest  reserve  shall  be  created 
nor  shall  any  additions  be  made  to  one  heretofore  created  within  the  limits  of 
the  States  of  Oregon,  Washington,  Idaho,  Montana,  Colorado  or  Wyoming, 
except  by  Act  of  Congress. 

Sec.   3.    That   the  Secretary   of  the  Interior   shall   report   all   such   with- 
drawals to   Congress  at  the  beginning  of  its  next  regular  session   after  the 
date  of  the  withdrawals.    Approved  June  25,  1910." 
(36  Stat.,  647.) 

Department  of  the  Interior, 

Washington,  March  6,  1911. 

The  Commissioner  of  the  General  Land  Office. 

Sir:  The  Act  of  June  25,  1910  (36  Stat.,  847),  provides  that  the  President 
may  at  any  time  in  his  discretion  temporarily  withdraw  from  settlement,  loca- 
tion, sale,  or  entry  any  of  the  public  lands  of  the  United  States,  including 
Alaska,  and  reserve  the  same  for  water-power  sites,  irrigation,  classification, 
or  other  public  purposes,  to  be  specified  in  the  orders  of  withdrawal,  such  with- 
drawal to  remain  in  force  until  revoked  by  him  or  by  an  Act  of  Congress. 

Section  two  of  the  Act  provides  that  lands  so  withdrawn  shall  at  all 
times  be  open  to  exploration,  discovery,  occupancy  and  purchase  under  the 
mining  laws,  excepting  those  relating  to  coal,  oil,  gas,  and  phosphates,  there 


460 

being  a  further  provision,  however,  to  the  effect  that  the  order  of  withdrawal 
shall  not  impair  or  affect  the  rights  of  any  person  who,  prior  to  the  date  of 
the  withdrawal,  is  a  bona  fide  occupant  or  claimant  of  oil  or  gas-bearing  lands, 
and  who  at  such  date  is  in  diligent  prosecution  of  work  leading  to  the  dis- 
covery of  oil  or  gas.  No  hard  or  fast  rule  can  be  established  fixing  the  amount 
of  work  which  must  have  been  done  by  the  occupant  prosecuting  work  leading 
to  the  discovery  of  oil  or  gas.  Each  case  must  rest  upon  its  own  showing  of 
diligence  when  application  for  patent  is  filed. 

The  chief  of  field  division  should  be  advised  of  all  such  applications  and 
should  be  prepared  to  submit  showing,  if  possible,  before  the  issuance  of  final 
certificate  of  entry. 

This  section  contains  further  provision  to  the  effect  that  there  shall  be 
excepted  from  the  force  and  effect  of  any  withdrawal  all  lands  which  are  on 
the  date  of  withdrawal  embraced  in  any  lawful  homestead,  or  desert-land 
entry  theretofore  made  or  upon  which  any  valid  settlement  has  been  made,  and 
is  at  that  time  being  maintained  and  perfected  pursuant  to  law.  Applications 
to  make  non-mineral  entries  by  settlers  claiming  the  benefits  of  the  above- 
mentioned  provisions  of  section  two  will  be  referred  to  the  chief  of  the  appro- 
priate field  division  for  investigation  and  report  before  final  action  is  taken 
thereon. 

Withdrawals  provided  for  under  this  Act  include  those  made  for  the  pur- 
pose of  classifying  coal  lands,  and  it  seems  that  after  the  passage  of  this  Act 
the  previous  coal  withdrawals  were  renewed  thereunder. 

The  Act  of  March  3,  1909  (35  Stat.,  844),  is  for  the  protection  of  surface 
rights  of  non-mineral  entrymen  where  the  lands  were  subsequently  classified, 
claimed,  or  reported  as  being  valuable  for  coal,  and  the  Act  of  June  22,  1910 
(36  Stat.,  583),  provides  for  the  allowance  of  certain  non-mineral  entries  for 
land  having  been  withdrawn  or  classified  as  coal  lands.  These  acts  have 
separated  the  surface  from  the  coal  deposits  for  the  purpose  of  allowance  of 
certain  non-mineral  entries,  and  it  is  not  believed  that  the  Act  of  June  25, 
1910,  under  consideration  was  intended  to  repeal  said  acts.  Therefore,  where 
applications  are  presented  to  make  final  proof  on  non-mineral  entries  made 
prior  to  withdrawal,  for  the  purposes  of  classifying  the  coal  deposits,  the  dis- 
position of  such  applications  should  be  made  with  especial  reference  to  the 
provisions  of  the  Act  of  March  3,  1909,  supra,  and  as  to  such  lands  certain 
non-mineral  entries  may  be  allowed,  as  provided  for  by  the  Act  of  June  22, 
1910,  supra,  notwithstanding  their  withdrawal  under  Act  of  June  25,  1910. 

Mineral  applications  for  mining  claims  perfected  upon  oil,  gas,  or  phos- 
phate lands  prior  to  withdrawal,  or  for  such  claims  upon  lands  chiefly  valuable 
for  other  minerals,  whether  perfected  before  or  after  withdrawal,  or  for  claims 
of  the  latter  class  within  power-site  withdrawals,  and  applications  to  submit 
final  proof  upon  homestead,  desert -land,  and  settlement  claims  initiated  prior  to 
a  withdrawal,  will  be  referred  to  the  chief  of  field  division,  with  the  appro- 
priate notation  of  the  character  of  the  withdrawal  involved,  in  accordance 
with  the  practice  under  paragraphs  five,  et  seq.,  of  the  circular  of  April  24, 
1907^  supra,  for  field  examination  and  full  report  of  all  facts  touching  the 
character  of  the  land  and  affecting  the  validity  of  the  location,  claim,  or  entry, 
as  the  case  may  be,  including  the  possibility  of  water-power  development, 
if  any. 

In  the  administration  of  the  Act  hereunder  you  will  also  be  governed  by 
the  circular  approved  January  27,  1911,  relative  to  co-operation  between  the 
Geological  Survey  and  the  General  Land  Office. 

It  is  believed  that  the  foregoing  will  enable  you  to  properly  advise  the 
local  officers  in  all  matters  necessary  to  put  this  Act  into  operation;  and  where 
an  application  is  received  not  specifically  provided  for  herein,  you  will  act 
upon  the  same,  affording  aggrieved  parties  the  usual  right  of  appeal. 
Very  respectfully,  R.  A.  Ballinger, 

Secretary. 

June  15,  1911,  Circular  No.  24  was  issued  by  the  Commissioner  of  the 
General  Land  Office  to  Registers  and  Receivers  of  United  States  Land  Office 
and  Chief  of  Field  Division,  in  which  it  is  said: 

"The  Secretary,  in  a  communication  to  this  office,  dated  May  17,  1911, 
instructed  that  the  Act  of  March  2,  1911  (Public  No.  450)  should  be  brought 
to  the  attention  of  the  local  officers  with  the  direction  that,  upon  the  pres- 
entation of  their  case  within  the  purview  of  the  Act,  they  shall 

Advise  the  Chief  of  Field  Division,  in  order  that  the  latter  may  make 


461 

such  field  examinations  as  are  advisable  or  necessary,  particularly  if  the  land 
involved  has  been  embraced  in  a  withdrawal,  as  to  the  time  when  the  devel- 
opment work  was  taken,  and  be  prepared  to  submit  the  results,  if  possible, 
before  entry  is  allowed.  Each  case  will  be  considered  and  adjudged  upon  its 
record  in  tha  regular  manner. 

Observing  that  the  operation  of  the  Act  is  retrospective  only,  being  con- 
fined to  locations  made  prior  to  the  date  thereof,  you  will,  upon  the  presenta- 
tion of  any  application  for  patent  affected  by  the  provision  of  said  Act,  imme- 
diately communicate  to  the  proper  Chief  of  Field  Division  due  and  full  informa- 
tion thereof,  to  the  end  that  he  may  procure  to  be  made  such  investigation  as 
may  be  necessary  to  ascertain  the  facts  concerning  the  inception  and  subse- 
quent prosecution  of  development  operations,  the  extent  of  such  works,  and 
any  other  facts  bearing  upon  and  affecting  the  validity  of  the  claim,  including 
the  continuousness  and  diligence  with  which  development  proceeded  from  the 
date  of  inception. 

The  report  made  of  the  results  of  such  examination  will  be  submitted  to 
this  office,  upon  receipt  of  which  the  local  officers  will  be  advised  as  to  the 
action  to  be  taken.  Very  respectfully, 

Fred  Dennett, 
Commissioner. ' ' 

No  special  regulations  relative  to  non-mineral  applications  for 
lands  later  withdrawn  or  classified  as  oil,  have  been  adopted  by 
the  Department,  the  procedure  governing  applications  for  lands 
subsequently  classified  or  withdrawn  as  coal,  adopted  prior  to  the 
passage  of  the  Acts  of  March  20,  1909,  and  June  22,  1910,  per- 
mitting the  issuance  of  surface  patents  should  be  followed  in  such 
cases,  so  far  as  applicable,  and  in  case  of  the  protest  by  a  mineral 
claimant  against  such  non-mineral  application,  charging  the  min- 
eral chai-acter  of  the  lands,  the  proceedings  thereon  should  be  in 
accordance  with  the  rules  of  practice  now  in  effect  relative  to  con- 
tests. (See  Rules  of  Practice,  page  739.)  Kinkade  vs.  State  of 
California  (39  L.  D.,  491). 

LOCATION  NOTICES. 

The  procedure  in  the  matter  of  location  of  lands  claimed  for 
oil,  gas  or  petroleum  or  oil  minerals,  is  that  followed  in  cases  of 
location  of  placer  mine,  and  is  regulated  by  the  mining  laws  and 
regulations  thereunder  and  the  statutes  of  the  particular  State  or 
Territory  in  which  the  lands  are  situated. 

It  was  said  by  the  Department  in  the  case  of  Eupp  v.  Heirs  of  Healey 
et  al.,  38  L.  D.,  p.  392. 

DISCOVERY. 

"Discovery  is  indispensable  to  the  validity  of  a  mining  location,  and 
necessarily  must  precede  or  be  coincident  with  the  perfection  thereof.  The 
ultimate  right  to  a  patent  must  always  rest  upon  the  basis  of  a  lawful  loca- 
tion; and  if  the  assignment  of  discovery  be  drawn  in  question  so  as  to  involve 
the  right  of  possession  as  between  rival  claimants,  the  land  department  can  not 
ignore  an  alleged  absence  of  discovery  by  the  application  for  patent  in  time 
to  have  enabled  a  court  of  competent  jurisdiction,  pursuant  to  an  adverse 
claim  apd  suit,  to  determine  respective  rights  of  the  parties." 

"Where,  however,  by  a  protest  it  is  charged  that  no  discovery,  within  the 
limits  of  the  claim,  was  made  at  or  prior  to  the  beginning  of  the  period  of 
notice  of  an  application  for  patent,  which,  if  true,  would  dispose  the  absence 
of  a  seasonable  and  essential  basis  for  a  judgment  in  favor  of  the  applicant, 
or  the  adverse  claimant,  the  land  department  will  take  jurisdiction  to  deter- 
mine that  question,  to  the  end  that,  should  the  charge  be  sustained,  the  patent 
application  will  be  dismissed,  and  the  application  remitted  to  the  prosecution 
of  patent  proceedings  anew  in  order  that  due  opportunity  may  be  given  for 
the  litigation  of  the  controverted  questions  properly  cognizable  before  the 
local  courts  in  adverse  proceedings."  (Id.  387.) 


462 

"A  corporation,  regardless  of  the  number  of  its  stockholders,  may  law- 
fully locate  no  greater  placer  area  under  the  mining  laws  than  is  allowable  in 
the  case  of  a  single,  natural  person,  viz.:  20  acres."  (Igo  Bridge  Extension 
Placer,  38  L.  D.,  281.) 

"A  placer  location  for  160  acres,  made  by  eight  persons  and  subsequently 
transferred  to  another  individual,  invalid  because  not  preceded  by  discovery, 
cannot  be  perfected  by  the  transferee  upon  a  subsequent  discovery."  (H.  H. 
Yard  et  al.,  38  L.  D.,  59.) 

"A  placer  location  of  oil  lands  for  160  acres  made  by  eight  persons  and 
subsequently  transferred  to  a  single  individual  is  invalid  because  not  preceded 
by  discovery,  cannot  be  perfected  by  the  transferee  upon  a  subsequent  dis- 
covery to  the  full  area  so  located  but  only  as  to  20  acres  thereof." 

"Discovery  of  mineral  is  an  essential  prerequisite  to  the  initiation  of 
title  under  the  mining  laws.  While  discovery  of  mineral  subsequent  to  loca- 
tion of  a  mining  claim  is  sometimes  held  by  the  Land  Department  to  relate 
back  to  the  date  of  location,  where  there  was  no  precedent  discovery,  the  doc- 
trine of  relation  cannot  be  invoked  to  the  disadvantage  of  intervening  adverse 
claims,  nor  to  permit  anyone  to  secure  more  land  by  indirect  means  than  may 
be  done  directly."  (Bakersfield  Fuel  &  Oil  Co.,  39  L.  D.,  460.) 

"A  small  seepage  of  oil  upon  the  surface  of  a  spring  of  water,  and  a 
slight  flow  of  natural  gas,  insufficient  for  commercial  purposes  and  without 
value,  from  a  drilled  well  which  failed  to  develop  oil,  are  not  sufficient  to 
constitute  a  discovery  of  oil  as  a  basis  for  a  placer  mining  location  under  the 
Act  of  February  11,  1897." 

Butte  Oil  Company,  40  L.  D.,  602. 

"The  disclosure  of  a  stratum  of  bituminous  sandstone  or  shale  from  which 
a  small  quantity  of  oil  seeps,  nor  sufficient  to  impress  the  land  with  any  value 
for  mining  purposes,  does  not  constitute  a  sufficient  discovery  to  support  a  valid 
mining  location." 

Southwestern  Oil  Co.  v.  Atlantic  &  Pacific  R.  E.  Co.,  39  L.  D.,  335. 

IMPROVEMENTS. 

Where  a  placer  claim  or  group  of  claims  held  in  common  (25)  contains 
deposits  of  such  character  and  extent  that  they  can  be  most  economically 
worked  by  means  of  a  mining  dredge,  and  the  owner  of  such  claim  or  group 
has  in  good  faith  purchased  and  actually  placed  in  good  working  order  thereon, 
a  dredge,  for  the  exclusive  purpose  of  working  such  deposits,  which  dredge 
has  not  theretofore  been  used  as  the  basis  for  patent  for  any  other  area,  it 
is  entitled  to  be  regarded  as  a  mining  improvement,  so  far  as  that  particular 
claim  or  group  is  concerned,  and  to  have  its  cost  accredited  thereto.  (Garden 
Gulch  Bar  Placer,  38  L.  D.,  28.) 

MAXIMUM  QUANTITY  BY  SEVEEAL  PEESONS. 

"A  placer  mining  location  made  by  several  persons  for  a  maximum  quan- 
tity of  land  that  may  lawfully  be  entered  in  a  single  location  by  that  number 
of  persons,  cannot  be  amended  to  include  a  larger  area."  (Garden  Gulch  Bar 
Placer,  38  L.  D.,  28.) 

OWNER  OF  PLACEE. 

"The  owner  of  two  or  more  continguous  placer  mining  locations  cannot, 
under  the  guise  of  amending  one  of  them,  substitute  therefor  a  single  loca- 
tion." (Garden  Gulch  Bar  Placer,  38  L.  D\,  28.) 

Section  2331  of  the  Eevised  Statutes  limits  the  acreage  to  be  included  in 
an  individual  placer  claim  to  twenty  acres.  The  word  "claimant", is  con- 
strued to  mean  locator.  (Garden  Gulch  Bar  Placer,  38  L.  D.,  31.) 

"A  corporation,  regardless  of  the  number  of  its  stockholders,  may  law- 
fully locate  no  greater  placer  area  under  the  mining  laws  than  is  allowable  in 
the  case  of  a  single  natural  person,  namely,  20  acres." 

LOCATION  AND  NATIONAL  FORESTS. 

"The  land  department  has  followed,  throughout,  of  its  own  motion,  or 
at  the  instance  of  others,  to  inquire  into  and  determine  whether  mining  locations 
within  national  forests  were  preceded  by  the  requisite  discovery  of  mineral, 


468 

and  whether  the  lands  are  of  the  character  subject  to  occupation  and  purchase 
under  the  mining  laws,  notwithstanding  the  locator  has  applied  for  patent; 
and  if  the  locations  be  found  to  be  invalid  the  lands  covered  thereby  will  be 
administered  as  part  of  the  public  domain,  subject  to  the  reservation  for 
forest  purposes,  without  regard  to  the  locations."  (H.  H.  Yard,  38  L.  D.,  59.) 

"A  corporation  in  acquiring  title  under  the  public  land  laws  must  be 
regarded  as  an  entitv,  with  no  greater  right  than  an  individual."  (Bakers- 
field  Fuel  &  Oil  Co.,  39  L.  D.,  460.) 

(See  Mineral  or  Agricultural  Claims  within  National  Forests.) 

DISCOVERY. 

"No  title  is  acquired  under  or  by  virtue  of  a  school  indemnity  selection 
until  the  same  has  been  duly  approved  and  served,  and  prior  thereto  a  dis- 
closure that  the  land  is  mineral  will  defeat  the  selection."  (Kinkade  v.  State 
of  California,  39  L.  D.,  491.) 

The  regulations  of  June  23,  1910,  concerning  the  selection  of  lands  by  the 
State,  the  last  paragraph,  Section  11,  provides — 

"Where  lands  sought  to  be  selected  are  alleged  by  way  of  protest,  to  be 
mineral,  or  where  applications  for  patent  therefor  are  presented  under  the 
mining  laws,  or  are  other  adversely  claimed,  proceedings  in  such  cases  will 
be  in  the  nature  of  a  contest  and  will  be  governed  by  the  rules  of  practice  in 
force  in  such  cases."  (39  L.  D.,  41.) 

Pipe  Line  (See  Right  of  Way,  Canal,  Ditches,  and  Reservoirs.) 

Attorneys  cannot  take  acknowledgments  in  matters  concerning  applica- 
tions and  proofs. 

(El  Paso  Brick  Co.,  37  L.  D.,  155,  overruled  in  so  far  as  the  same  may 
conflict.) 

Stock  Oil  Co.,  40  L.  D.,  198. 

[In  reply  please  refer  to  Circular  No.  24.] 

OIL  LOCATIONS  MADE  PRIOR  TO  MARCH  2,  1911. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  June  15,  1911. 
Registers  and  Receivers,  United  States  Land  Offices, 

and  Chiefs  of  Field  Division. 

Sirs:  The  Secretary  in  a  communication  to  this  office  dated  May  17,  1911, 
instructed  that  the  Act  of  March  2,  1911  (Public,  No.  450),  should  be  brought 
to  the  attention  of  the  local  officers  with  the  direction  that,  upon  the  pre- 
sentation of  every  case  within  the  purview  of  the  Act,  they  shall — 

' '  Advise  the  chiefs  of  field  division,  in  order  that  the  latter  may  make 
such  field  examinations  as  are  advisable  or  necessary,  particularly  if  the  land 
involved  has  been  embraced  in  a  withdrawal,  as  to  the  time  when  the  develop- 
ment work  was  begun,  and  be  prepared  to  submit  the  results,  if  possible, 
before  entry  is  allowed.  Each  such  case  will  be  considered  and  adjudicated 
upon  its  record  in  the  regular  manner." 

Observing  that  the  operation  of  the  act  is  retrospective  only,  being  con- 
fined to  locations  made  prior  to  the  date  thereof,  you  will,  upon  the  presenta- 
tion of  any  application  for  patent  affected  by  the  provisions  of  said  Act, 
immediately  communicate  to  the  proper  chief  of  field  division  due  and  full 
information  thereof,  to  the  end  that  he  may  procure  to  be  made  such  investi- 
gations as  may  be  necessary  to  ascertain  the  facts  concerning  the  inception 
and  subsequent  prosecution  of  development  operations,  the  extent  and  character 
of  such  works,  and  any  other  facts  bearing  upon  and  affecting  the  validity  of 
the  claim,  including  the  continuousness  and  diligence  with  which  development 
proceeded  from  the  date  of  inception. 

Report  made  of  the  results  of  such  examinations  will  be  submitted  to  this 
office,  upon  receipt  of  which  the  local  officers  will  be  advised  as  to  the  action 
to  be  taken.  Very  respectfully,  Fred  Dennett, 

Commissioner. 


404 

WITHDRAWALS. 

Temporary,  by  President  for  Water-power  Sites,  Irrigation,  Classi- 
fication— Rights  of  Miners  Excepted — Claimants  of  Oil  and  Gas 
Lands — Must  Be  Reported  to  Congress — No  New  Forest 
Reserves  in  Certain  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of, 
the  United  States  of  America  in  Congress  assembled,  That  the 
President  may,  at  any  time  in  his  discretion,  temporarily  withdraw 
from  settlement,  location,  sale,  or  entry  any  of  the  public  lands 
of  the  United  States  including  the  District  of  Alaska  and  reserve 
the  same  for  water-power  sites,  irrigation,  classification  of  lands, 
or  other  public  purposes  to  be  specified  in  the  orders  of  with- 
drawals, and  such  withdrawals  or  reservations  shall  remain  in  force 
until  revoked  by  him  or  by  an  Act  of  Congress. 

Sec.  2.  That  all. lands  withdrawn  under  the  provisions  of  this 
Act  shall  at  all  times  be  open  to  exploration,  discovery,  occupation, 
and  purchase,  under  the  mining  laws  of  the  United  States,  so  far 
as  the  same  apply  to  minerals  other  than  coal,  oil,  gas,  and  phos- 
phates: Provided,  That  the  rights  of  any  person  who,  at  the 
date  of  any  order  of  withdrawal  heretofore  or  hereafter  made,  is  a 
bona  fide  occupant  or  claimant  of  oil  or  gas  bearing  lands,  and 
who,  at  such  date,  is  in  diligent  prosecution  of  work  leading  to 
discovery  of  oil  or  gas,  shall  not  be  affected  or  impaired  by  such 
order,  so  long  as  such  occupant  or  claimant  shall  continue  in  diligent 
prosecution  of  said  work:  And  provided  further,  That  this  Act 
shall  not  be  construed  as  a  recognition,  abridgement,  or  enlarge- 
ment of  any  asserted  rights  or  claims  initiated  upon  any  oil  or 
gas-bearing  lands  after  any  withdrawal  of  such  lands  made  prior 
to  the  passage  of  this  Act :  And  provided  further,  That  there  shall 
be  excepted  from  the  force  and  effect  of  any  withdrawal  made 
under  the  provisions  of  this  Act  all  lands  which  are,  on  the  date 
of  such  withdrawal,  embraced  in  any  lawful  homestead  or  desert- 
land  entry  theretofore  made,  or  upon  which  any  valid  settlement 
has  been  made  and  is  at  said  date  being  maintained  and  perfected 
pursuant  to  law;  but  the  terms  of  this  proviso  shall  not  continue 
to  apply  to  any  particular  tract  of  land  unless  the  entryman  or  set- 
tler shall  continue  to  comply  with  the  law  under  which  the  entry 
or  settlement  was  made;  And  provided  further,  That  hereafter  no 
forest  reserve  shall  be  created,  nor  shall  any  additions  be  made  to 
one  heretofore  created  within  the  limits  of  the  States  of  Oregon, 
Washington,  Idaho,  Montana,  Colorado,  or  Wyoming,  except  by 
Act  of  Congress. 

Sec.  3.  That  the  Secretary  of  the  Interior  shall  report  all  such 
withdrawals  to  Congress  at  the  beginning  of  its  next  regular  session 
after  the  date  of  the  withdrawals. 

(Public  No.  303,  Approved  June  25,  1910.) 

LAND  PATENTS. 

All  patents  issuing  from  the  General  Land  Office  are  issued  in  the  name 
of  the  United  States,  are  signed  by  the  President,  and  countersigned  by  the 
recorder  of  the  General  Land  Office,  and  are  recorded  in  the  office  in  books 
kept  for  the  purpose.  (Sec.  458,  Rev.  Stat.) 

Patents  for  lands  entered  or  located  under  general  laws  can  be  issued 
only  in  the  name  of  the  party  making  the  entry  or  location,  or,  in  case  of  his 


465 

death  before  making  proof,  to  the  statutory  successor  making  the  proof,  as 
provided  by  law. 

The  recitals  and  description  of  land  in  patents  will  in  all  cases  follow  the 
register's  certificate  of  entry  or  location,  as  prescribed  by  law. 

When  patents  are  ready  for  delivery,  they  will  in  all  cases  be  transmitted 
to  the  local  office  at  which  the  location  or  entry  was  made,  where  they  can 
be  obtained  by  the  party  entitled  thereto,  upon  surrender  of  the  duplicate 
receipt,  or  certificate,  as  the  case  may  be,  unless  the  duplicate  shall  have  been 
previously  filed  in  this  office  with  a  request  that  the  patent  be  delivered  as 
requested  by  the  person  sending  the  same;  and  in  no  case  will  the  patent  be 
delivered,  either  from  this  or  the  local  office,  except  upon  receipt  of  such  dupli- 
cate, or,  in  case  of  its  loss  from  any  cause,  upon  the  filing  in  lieu  of  the  same 
of  an  affidavit  made  by  the  present  owner  of  the  land,  accounting  for  the 
loss  of  the  same,  and  also  showing  ownership  of  the  tracts  or  a  portion  thereof 
embraced  in  the  patent. 

It  is  provided  in  Section  8  of  the  Act  of  March  3,  1891  (26  Stat.  L., 
1093),  that  suits  by  the  United  States  to  vacate  and  annul  any  patent  pre- 
viously issued  shall  be  brought  within  five  years  from  the  passage  of  said  Act, 
and  suits  to  vacate  and  annul  patents  thereafter  issued  shall  only  be  brought 
within  six  years  after  the  date  of  the  issue  of  such  patents. 

By  Act  of  March  2,  1896  (29  Stat.,  42),  the  time  within  which  such  suits 
might  be  brought,  so  far  as  regards  patents  issued  under  a  railroad  or  wagon 
road  grant,  was  extended  so  as  to  admit  of  bringing  suit  in  such  cases  within 
five  years  from  the  passage  of  the  Act  in  cases  of  patents  issued  prior  thereto, 
and  in  cases  of  patents  issued  thereafter  within  six  years  after  the  date  of 
the  issuance  of  the  patents,  with  a  provision  protecting  the  titles  of  bona  fide 
purchasers  of  such  lands. 

With  reference  to  furnishing  certified  copies  of  patents — 

THE  RECLAMATION  OF  ARID  LANDS  BY  THE  UNITED 

STATES. 

A.  An  Act  appropriating  the  receipts  from  the  sale  and  disposal  of  public 

lands  in  certain  States  and  Territories  to  the  construction  of  irriga- 
tion works  for  the  reclamation  of  arid  lands. 

B.  An  Act  authorizing  the  use  of  earth,  stone,  and  timber  on  the  public  lands 

and  forest  reserves  of  the  United  States  in  the  construction  of  works 
under  the  national  irrigation  law. 

C.  An  Act  to  provide  for  the  covering  into  the  reclamation  fund  certain  pro- 

ceeds of  sales  of  property  purchased  by  the  reclamation  fund. 

D.  An  Act  providing  for  the  withdrawal  from  public  entry  of  lands  needed 

for  townsite  purposes  in  connection  with  irrigation  projects  under  the 
icclamation  Act  of  June  seventeenth,  nineteen  hundred  and  two,  and  for 
other  purposes. 

E.  An  Act  to  extend  the  irrigation  act  to  the  State  of  Texas. 

F.  An  Act  providing  for  the  subdivision  of  lands  under  the  reclamation  act, 

and  for  other  purposes. 

G.  An  Act  providing  for  the  reappraisement  of  unsold  lots  in  the  town  sites 

on  reclamation  projects,  and  for  other  purposes. 

II.  An  Act  providing  that  entrymen  for  homesteads  within  reclamation 
projects  may  assign  their  entries  upon  satisfactory  proof  of  residence, 
improvement,  and  cultivation  for  five  years,  the  same  as  though  said 
entry  had  been  made  under  the  original  homestead  act. 

I.  An  Act  to  authorize  advances  to  the  "reclamation  fund,"  and  for  the 
issue  and  disposal  of  certificates  of  indebtedness  in  reimbursement  there- 
for, and  for  other  purposes. 

J.  An  Act  granting  leaves  of  absence  to  homesteaders  on  lands  to  be  irrigated 
under  the  provisions  of  the  Act  of  June  seventeenth,  nineteen  hundred 
and  two. 

K.  An  Act  to  provide  for  the  sale  of  lands  acquired  under  the  provisions  of 
the  reclamation  act  and  which  are  not  needed  for  the  purposes  of 
that  act. 

L.  An  Act  to  authorize  the  Secretary  of  the  Interior  to  withdraw  public 
notices  issued  under  Section  four  of  the  reclamation  act,  and  for  other 
purposes. 

M.  An  Act  to  amend  Section  five  of  the  Act  of  Congress  of  June  twenty-fifth, 
nineteen  hundred  and  ten,  entitled  "An  Act  to  authorize  advances  to 


466 

the  'reclamation  fund,'  and  for  the  issue  and  disposal  of  certificates 
of  indebtedness  in  reimbursement  therefor,  and  for  other  purposes." 

N.  An  Act  to  authorize  the  Government  to  contract  for  impounding,  storing, 
and  carriage  of  water,  and  to  co-operate  in  the  construction  of  reser- 
voirs and  canals  under  reclamation  projects,  and  for  other  purposes. 

O.  An  Act  to  amend  an  Act  entitled  "An  Act  providing  for  the  withdrawal 
from  public  entry  of  lands  needed  for  town-site  purposes  in  connection 
with  irrigation  projects  under  the  reclamation  act  of  June  seventeenth, 
nineteen  hundred  and  two,  and  for  other  purposes,"  approved  April 
sixteenth,  nineteen  hundred  and  six. 

P.     Special  acts. 

EEGULATIONS. 

1.  General  information;  provisions  for  withdrawal  of  lands. 

2.  Forbidding  settlement  on  reserved  lauds. 

3.  Allowing  settlement  and  entry  on  reserved  lands. 

4.  Entry  only  permitted  after  relinquishment  of  former  entry. 

5.  Homestead  entries. 

6.  Indorsement  of  homestead  application. 

7.  Entries  not  subject  to  commutation. 

8.  Withdrawals  and  restorations;   withdrawals  for  surveys   and   investiga- 

tions. 

9.  Two  classes  of  withdrawals. 

10.  Lands  withdrawn  under  first  form. 

11.  Lands  withdrawn  under  second  form. 

12.  Withdrawals  under  either  first  or  second  form. 

13.  Lands  needed  for  right  of  way. 

14.  Date  of  effect  for  withdrawals. 

15.  Cancellation  of  homestead  entry. 

16.  Filing  of  plats  in  General  Land  Office. 

17.  Lands  needed  in  construction  and  maintenance  of  irrigation  works. 

18.  Uncompleted  claims. 

19.  Owners  of  improvements. 

20.  Improvements. 

21.  Additional  entries,  by  whom  made. 

22.  Restrictions  and  conditions. 

23.  Contests;  private  contest. 

24.  Contest  of  second  form  withdrawal. 

25.  Leaves  of  absence;  application  for. 

26.  Form  of  application. 

27.  Time  embraced. 

28.  Time  of  absence  not  deducted. 

29.  Assignments;  by  whom  made. 

30.  Two  or  more  farm  units. 

31.  Assignment  of  part  of  farm  units. 

32.  Survey  to  determine  boundaries. 

33.  Plats. 

34.  Filing  of  evidence. 

35.  Terms  of  assignments. 

36.  Approval;  patent. 

37.  Mortgages,  filing  of. 

38.  Cancellation. 

39.  Widows  and  heirs  of  entrymen,  residence  and  cultivation. 

40.  Sale  of  right  for  benefit  of  heirs. 

41.  Final  proof;  requirements. 

42.  By  whom  made. 

43.  Soldiers'  and  sailors'  final  proof. 

44.  Testimony  fees. 

45.  Water-right  certificate. 

46.  Area  reclaimed. 

47.  Final  water-right  certificate. 

48.  Registers'  and  receivers'  reports  on  final  proof  notices. 

49.  Lands  entered  prior  to  withdrawal  for  reclamation  purposes. 

50.  Irregular  final  proof;  right  of  appeal. 

51.  Notice  to  conform. 

52.  Action  on  proofs. 

53.  Control  of  sublaterals. 


467 

54.  Water  rights'  for  lands  in  private  ownership. 

55.  Eight  to  use  of  water. 

56.  Cancellation  of  entries. 

57.  Vested  water  rights. 

58.  Corporation  water  rights. 

59.  Water  limit  for  corporations.  , 

60.  Townsite  subdivisions. 

61.  How  to  procure  water  for  subdivisions. 

62.  Separate  water-right  applications,  subdivisions. 

63.  Form  of  water-right  application. 

64.  How  to  make  water-right  applications. 

65.  Application  for  water  right,  entries  made  prior  to  withdrawal. 

66.  Distance  of  residence  from  land  for  which  right  is  desired. 

67.  Distance  greater  than  that  fixed. 

68.  Applicant 's  interest  in  the  land. 

69.  Form  B  (4-020). 

70.  Deposit  and  execution  of  public  contracts. 

71.  Filing  of  contracts. 

72.  Recording  of  contract. 

73.  Copies  of  original  contract. 

74.  Form  for  water-right  application  carrying  assignment  of  credit. 

75.  Action  on  cases  bearing  assignment  of  credit. 

76.  Discrepancies  in  areas  and  payments,  and  acceptance  of  applications. 

77.  Rules  for  water-right  applications  for  land  in  private  ownership. 

78.  Delay  in  obtaining  of  water. 

79.  Copies  of  certificates  of  water-right  applications  and  contracts. 
SO.  Prompt  action  essential. 

81.  Water-right  charges. 

82.  Authority  of  Secretary  to  withdraw  public  notice. 

83.  Payments    made    for    water-right    charges    on    canceled    or    relinquished 

entries. 

84.  Payments  for  water-right  charges  on  entry  on  relinquished  land. 

85.  Relinquishment  of  entry;  assignment  of  credits. 

86.  Transfer  of  lands  in  private  ownership. 

87.  Time  for  paying  charges  due. 

88.  To  whom  to  make  payments. 

89.  Insufficient  payment. 

90.  Disposal  of  money  received  for  insufficient  payments. 

91.  Receipts  for  insufficient  payments. 

92.  Full  payment. 

93.  Payment  through  special  agents. 

94.  Payment  made  direct  to  receivers  of  public  moneys. 

95.  Deposit  of  moneys  received. 

96.  Desert-land  entries  within  reclamation  project. 

97.  Persons  who  may  make  desert-land  entries. 

98.  Excuse  from  compliance  with  requirements  of  desert-land  law. 

99.  Report  of  engineer  upon  application. 

100.  Annual  proof  of  expenditures. 

101.  Inability  to  make  final  proof  when  due. 

102.  Excuse  from  making  final  proof  when  due. 

103.  Abandoned  irrigation  project. 

104.  Entryman  may  proceed  independently  of  the  Government  irrigation  works. 

105.  Relinquishment  of  entry  within   exterior  bounds  of  reclamation  project. 

Townsites  in  reclamation  projects. 

106.  Withdrawal,  survey,  appraisement,  and  sale. 

107.  Survey  and  appraisal. 

108.  Schedule  of  appraisement. 

109.  Notices  of  sale. 

110.  How  sold. 

111.  Qualifications  and  restrictions. 

112.  Combinations  in  restraint  of  the  sale. 

113.  Suspension  or  postponement. 

114.  Payments  and  forfeitures. 

115.  Lots  offered  and  unsold. 

116.  Certificates. 

117.  Reappraisement. 

118.  Payment. 


468 

119.  Circular  No.  110,  special  instructions  relative  to  assignment  of  reclama- 

tion homestead  entries. 

120.  Mortgages. 

121.  Benefits  under  assignment. 

122.  Credits  under  assignments. 

• 

[Circular  No.  102.] 
(Approved  April  29,  1912.     Former  Circular,  May  31,  1910.) 

LAWS  AND  REGULATIONS  RELATING  TO  THE  RECLAMA- 
TION OF  ARID  LANDS  BY  THE  UNITED  STATES. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  April  29,  1912. 

STATUTES. 
General  Acts. 

(A)  An  Act  appropriating  the  receipts  from  the  sale  and  disposal  of  public 
lands  in  certain  States  and  Territories  to  the  construction  of  irrigation 
works  for  the  reclamation  of  arid  lands. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  all  moneys 
received  from  the  sale  and  disposal  of  public  lands  in  Arizona, 
California,  Colorado,  Idaho,  Kansas,  Montana,  Nebraska,  Nevada, 
New  Mexico,  North  Dakota,  Oklahoma,  Oregon,  South  Dakota, 
Utah,  Washington,  and  Wyoming,  beginning  with  the  fiscal  year 
ending  June  thirtieth,  nineteen  hundred  and  one,  including  the 
surplus  of  fees  and  commissions  in  excess  of  allowances  to  Registers 
and  Receivers,  and  excepting  the  five  per  centum  of  the  proceeds 
of  the  sales  of  public  lands  in  the  above  States  set  aside  by  law 
for  educational  and  other  purposes,  shall  be,  and  the  same  are 
hereby,  reserved,  set  aside,  and  appropriated  as  a  special  fund  in 
the  Treasury  to  be  known  as  the  "reclamation  fund,"  to  be  used 
in  the  examination  and  survey  for  and  the  construction  and  main- 
tenance of  irrigation  works  for  the  storage,  diversion,  and  develop- 
ment of  waters  for  the  reclamation  of  arid  and  semiarid  lands  in 
the  said  States  and  Territories,  and  for  the  payment  of  all  other 
expenditures  provided  for  in  this  Act :  Provided,  That  in  case  the 
receipts  from  the  sale  and  disposal  of  public  lands  other  than 
those  realized  from  the  sale  and  disposal  of  lands  referred  to  in 
this  section  are  insufficient  to  meet  the  requirements  for  the  sup- 
port of  agricultural  colleges  in  the  several  States  and  Territories, 
under  the  Act  of  August  thirtieth,  eighteen  hundred  and  ninety, 
entitled  "An  Act  to  apply  a  portion  of  the  proceeds  of  the  public 
lands  to  the  more  complete  endowment  and  support  of  the  col- 
leges for  the  benefit  of  agriculture  and  the  mechanic  arts,  estab- 
lished under  the  provisions  of  an  Act  of  Congress  approved  July 
second,  eighteen  hundred  and  sixty-two,"  the  deficiency,  if  any, 
in  the  sum  necessary  for  the  support  of  the  said  colleges  shall  be 
provided  for  from  any  moneys  in  the  Treasury  not  otherwise 
appropriated. 

Sec.  2.  That  the  Secretary  of  the  Interior  is  hereby  authorized 
and  directed  to  make  examinations  and  surveys  for,  and  to  locate 
and  construct,  as  herein  provided,  irrigation  works  for  the  storage, 


469 

diversion,  and  development  of  waters,  including  artesian  wells, 
and  to  report  to  Congres  at  the  beginning  of  each  regular  session 
as  to  the  results  of  such  examinations  and  surveys,  giving  esti- 
mates of  cost  of  all  contemplated  works,  the  quantity  and  location 
of  the  lands  which  can  be  irrigated  therefrom,  and  all  facts  relative 
to  the  practicability  of  each  irrigation  project;  also  the  cost  of 
works  in  process  of  construction  as  well  as  of  those  which  have 
been  completed. 

Sec.  3.  That  the  Secretary  of  the  Interior  shall,  before  giving 
the  public  notice  provided  for  in  section  four  of  this  Act,  with- 
draw from  public  entry  the  lands  required  for  any  irrigation  works 
contemplated  under  the  provisions  of  this  act,  and  shall  restore  to 
public  entry  any  of  the  lands  so  withdrawn  when,  in  his  judgment, 
such  lands  are  not  required  for  the  purposes  of  this  Act ;  and  the 
Secretary  of  the  Interior  is  hereby  authorized,  at  or  immediately 
prior  to  the  time  of  beginning  the  surveys  for  any  contemplated 
irrigation  works,  to  withdraw  from  entry,  except  under  the  home- 
stead laws,  any  public  lands  believed  to  be  susceptible  of  irriga- 
tion from  said  works :  Provided,  That  all  lands  entered  and  entries 
made  under  the  homestead  laws  within  areas  so  withdrawn  during 
such  withdrawal  shall  be  subject  to  all  the  provisions,  limitations, 
charges,  terms,  and  conditions  of  this  Act;  that  said  surveys  shall 
be  prosecuted  diligently  to  completion,  and  upon  the  completion 
thereof,  and  of  the  necessary  maps,  plans,  and  estimates  of  cost, 
the  Secretary  of  the  Interior  shall  determine  whether  or  not  said 
project  is  practicable  and  advisable,  and  if  determined  to  be  imprac- 
ticable or  unadvisable  he  shall  thereupon  restore  said  land  to 
entry;  that  public  lands  which  it  is  proposed  to  irrigate  by  means 
of  any  contemplated  works  shall  be  subject  to  entry  only  under 
the  provisions  of  the  homestead  laws  in  tracts  of  not  less  than  forty 
nor  more  than  one  hundred  and  sixty  acres,  and  shall  be  subject 
to  the  limitations,  charges,  terms,  and  conditions  herein  provided: 
Provided,  That  the  commutation  provisions  of  the  homestead  laws 
shall  not  apply  to  entries  made  under  this  Act. 

Sec.  4.  That  upon  'the  determination  by  the  Secretary  of  the 
Interior  that  any  irrigation  project  is  practicable,  he  may  cause 
to  be  let  contracts  for  the  construction  of  the  same,  in  such  por- 
tions or  sections  as  it  may  be  practicable  to  construct  and  complete 
as  parts  of  the  whole  project,  providing  the  necessary  funds  for 
such  portions  oV  sections  are  available  in  the  reclamation  fund,  and 
thereupon  he  shall  give  public  notice  of  the  lands  irrigable  under 
such  project,  and  limit  of  area  per  entry,  which  limit  shall  repre- 
sent the  acreage  which,  in  the  opinion  of  the  Secretary,  may  be  rea- 
sonably required  for  the  support  of  a  family  upon  the  lands  in  ques- 
tion; also  of  the  charges  which  shall  be  made  per  acre  upon  the 
said  entries,  and  upon  lands  in  private  ownership  which  may  be 
irrigated  by  the  waters  of  the  said  irrigation  project,  and  the  num- 
ber of  annual  installments,  not  exceeding  ten,  in  which  such  charges 
shall  be  paid  and  the  time  when  such  payments  shall  commence. 
The  said  charges  shall  be  determined  with  a  view  of  returning  to 
the  reclamation  fund  the  estimated  cost  of  construction  of  the 
project,  and  shall  be  apportioned  equitably:  Provided,  That  in  all 
construction  work  eight  hours  shall  constitute  a  day's  work,  and 
no  Mongolian  labor  shall  be  employed  thereon. 


470 

Sec.  5.  That  the  entryman  upon  lands  to  be  irrigated  by  such 
works  shall,  in  addition  to  compliance  with  the  homestead  laws, 
reclaim  at  least  one-half  of  the  total  irrigable  area  of  his  entry  for 
agricultural  purposes,  and  before  receiving  patent  for  the  lands 
covered  by  his  entry  shall  pay  to  the  Government  the  charges 
apportioned  against  such  tract,  as  provided  in  section  four.  Xo 
right  to  the  use  of  water  for  land  in  private  ownership  shall  be 
sold  for  a  tract  exceeding  one  hundred  and  sixty  acres  to  any  one 
landowner,  and  no  such  sale  shall  be  made  to  any  landowner  unless 
he  be  an  actual  bona  fide  resident  of  such  land,  or  occupant  thereof 
residing  in  the  neighborhood  of  said  land,  and  no  such  right  shall 
permanently  attach  until  all  payments  therefor  are  made.  The 
annual  installments  shall  be  paid  to  the  Receiver  of  the  local  land 
office  of  the  district  in  which  the  land  is  situated,  and  a  failure  to 
make  any  two  payments  when  due  shall  render  the  entry  subject 
to  cancellation,  with  the  forfeiture  of  all  rights  under  this  Act,  as 
well  as  of  any  moneys  already  paid  thereon.  All  moneys  received 
from  the  above  sources  shall  be  paid  into  the  reclamation  fund. 
Registers  and  Receivers  shall  be  allowed  the  usual  commissions  on 
all  moneys  paid  for  lands  entered  under  this  act. 

Sec.  6.  That  the  Secretary  of  the  Interior  is  hereby  authorized 
and  directed  to  use  the  reclamation  fund  for  the  operation  and 
maintenance  of  all  reservoirs  and  irrigation  works  constructed 
under  the  provisions  of  this  Act :  Provided,  That  when  the  pay- 
ments required  by  this  Act  are  made  for  the  major  portions  of  the 
lands  irrigated  from  the  waters  of  any  of  the  works  herein  pro- 
vided for,  then  the  management  and  operation  of  such  irriga- 
tion works  shall  pass  to  the  owners  of  the  lands  irrigated  thereby, 
to  be  maintained  at  their  expense  under  such  form  of  organization 
and  under  such  rules  and  regulations  as  may  be  acceptable  to  the 
Secretary  of  the  Interior:  Provided,  That  the  title  to  and  the 
management  and  operation  of  the  reservoirs  and  the  works  neces- 
sary for  their  protection  and  operation  shall  remain  in  the  Gov- 
ernment until  otherwise  provided  by  Congress. 

Sec.  7.  That  where  in  carrying  out  the  provisions  of  this  act 
it  becomes  necessary,  to  acquire  any  rights  or  property,  the  Sec- 
retary of  the  Interior  is  hereby  authorized  to  acquire  the  same  for 
the  United  States  by  purchase  or  by  condemnation  under  judicial 
process,  and  to  pay  from  the  reclamation  fund  the  sums  which  may 
be  needed  for  that  purpose,  and  it  shall  be  the  duty  of  the  Attorney- 
General  of  the  United  States  upon  every  application  of  the  Sec- 
retary of  the  Interior,  under  this  Act,  to  cause  proceedings  to  be 
commenced  for  condemnation  within  thirty  days  from  the  receipt 
of  the  application  at  the  Department  of  Justice. 

Sec.  8.  That  nothing  in  this  Act  shall  be  construed  as  affecting 
or  intended  to  affect  or  to  in  any  way  interfere  with  the  laws  of 
any  State  or  Territory  relating  to  the  control,  appropriation,  use, 
or  distribution  of  water  used  in  irrigation,  or  any  vested  right 
acquired  thereunder,  and  the  Secretary  of  the  Interior,  in  carry- 
ing out  the  provisions  of  this  Act,  shall  proceed  in  conformity  with 
such  laws,  and  nothing  herein  shall  in  any  way  affect  any  right 
of  any  State  or  of  the  Federal  Government  or  of  any  landowner, 
appropriator,  or  user  of  water  in,  to,  or  from  any  interstate  stream 
or  the  waters  thereof:  Provided,  That  the  right  to  the  use  of 


471 

water  acquired  under  the  provisions  of  this  Act  shall  be  appurtenant 
to  the  land  irrigated,  and  beneficial  use  shall  be  the  basis,  the  meas- 
ure, and  the  limit  of  the  right. 

Sec.  9.*  That  it  is  hereby  declared  to  be  the  duty  of  the  Sec- 
retary of  the  Interior  in  carrying  out  the  provisions  of  this  Act, 
so  far  as  the  same  may  be  practicable  and  subject  to  the  existence 
of  feasible  irrigation  projects,  to  expend  the  major  portion  of  the 
funds  arising  from  the  sale  of  public  lands  within  each  State  and 
Territory  hereinbefore  named  for  the  benefit  of  arid  and  semiarid 
lands  within  the  limits  of  such  State  or  Territory :  Provided,  That 
the  Secretary  may  temporarily  use  such  portion  of  said  funds  for 
the  benefit  of  arid  or  semiarid  lands  in  any  particular  State  or  Ter- 
ritory hereinbefore  named  as  he  may  deem  advisable,  but  when  so 
used  the  excess  shall  be  restored  to  the  fund  as  soon  as  practicable, 
to  the  end  that  ultimately,  and  in  any  event,  within  each  ten-year 
period  after  the  passage  of  this  Act,  the  expenditures  for  the  benefit 
of  the  said  States  and  Territories  shall  be  equalized  according  to  the 
proportions  and  subject  to  the  conditions  as  to  practicability  and 
feasibility  aforesaid. 

Sec.  10.  That  the  Secretary  of  the  Interior  is  hereby  authorized 
to  perform  any  and  all  acts  and  to  make  such  rules  and  regulations 
as  may  be  necessary  and  proper  for  the  purpose  of  carrying  the 
provisions  of  this  Act  into  full  force  and  effect. 

Approved,  June  17,  1902  (32  Stat.,  388). 

(B)  An  Act  authorizing  the  use  of  earth,  stone,  and  timber  on  the  public 
lands  and  forest  reserves  of  the  United  States  in  the  construction  of  works 
under  the  national  irrigation  law. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  in  carrying 
out  the  provisions  of  the  national  irrigation  law,  approved  June 
seventeenth,  nineteen  hundred  and  two,  and  in  constructing  works 
thereunder,  the  Secretary  of  the  Interior  is  hereby  authorized  to  use 
and  to  permit  the  use  by  those  engaged  in  the  construction  of 
works  under  said  law,  under  rules  and  regulations  to  be  prescribed 
by  him,  such  earth,  stone,  and  timber  from  the  public  lands  of  the 
United  States  as  may  be  required  in  the  construction  of  such  works, 
and  the  Secretary  of  Agriculture  is  hereby  authorized  to  permit 
the  use  of  earth,  stone,  and  timber  from  the  forest  reserves  of 
the  United  States  for  the  same  purpose,  under  rules  and  regulations 
to  be  prescribed  by  him. 

Approved  February  8,  1905  (33  Stat.,  706). 

(C)  An  Act  to  provide  for  the  covering  into  the  reclamation  fund  certain  pro- 
ceeds of  sales  of  property  purchased  by  the  reclamation  fund. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  there  shall 
be  covered  into  the  reclamation  fund  established  under  the  Act  of 
June  seventeenth,  nineteen  hundred  and  two,  known  as  the  reclama- 
tion Act,  the  proceeds  of  the  sales  of  material  utilized  for  temporary 
work  and  structures  in  connection  with  the  operations  under  the 
said  Act,  as  well  as  of  the  sales  of  all  other  condemned  property 
which  had  been  purchased  under  the  provisions  thereof,  and  also 

*  Sec.  9  of  this  act  repealed  by  Act  of  June  25,  1910. 


472 

any  moneys  refunded  in  connection  with  the  operations  under  said 
reclamation  act. 

Approved,  March  3,  1905  (33  Stat.,  1032). 

-(D)  An  Act  providing  for  the  withdrawal  from  public  entry  of  lands  needed 
for  townsite  purposes  in  connection  with  irrigation  projects  under  the 
reclamation  act  of  June  seventeenth  nineteen  hundred  and  two,  and  for 
other  purposes.  Approved  April  16,  1906  (34  Stat.,  116).  See  page  358. 

(E)  An  Act  to  extend  the  irrigation  act  to  the  State  of  Texas. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  pro- 
visions of  the  Act  entitled  "An  Act  appropriating  the  receipts  from 
the  sale  and  disposal  of  public  lands  in  certain  States  and  Terri- 
tories to  the  construction  of  irrigation  works  for  the  reclamation 
of  arid  lands,"  approved  June  seventeenth,  nineteen  hundred  and 
two,  be,  and  the  same  are  hereby,  extended  so  as  to  include  and 
apply  to  the  State  of  Texas. 

Approved  June  12,  1906  (34  Stat.,  259). 

(F)  An  Act  providing  for  the  subdivision  of  lands  under  the  reclamation  act, 
and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  whenever 
in  the  opinion  of  the  Secretary  of  the  Interior,  by  reason  of  market 
conditions  and  the  special  fitness  of  the  soil  and  climate  for  the 
growth  of  fruit  and  garden  produce,  a  lesser  area  than  forty  acres 
may  be  sufficient  for  the  support  of  a  family  on  lands  to  be  irri- 
gated under  the  provisions  of  the  Act  of  June  seventeenth,  nine- 
teen hundred  and  two,  known  as  the  Reclamation  Act,  he  may  fix 
a  lesser  area  than  forty  acres  as  the  minimum  entry  and  may 
establish  farm  units  of  not  less  than  ten  nor  more  than  one  hun- 
dred and  sixty  acres.  That  whenever  it  may  be  necessary,  for  the 
purpose  of  accurate  description,  to  further  subdivide  lands  to  be 
irrigated  under  the  provisions  of  said  Reclamation  Act,  the  Sec- 
retary of  the  Interior  may  cause  subdivision  surveys  to  be  made 
by  the  officers  of  the  Reclamation  Service,  which  subdivisions  shall 
be  rectangular  in  form,  except  in  cases  where  irregular  subdivisions 
may  be  necessary  in  order  to  provide  for  practicable  and  economi- 
cal irrigation.  Such  subdivisions  surveys  shall  be  noted  upon  the 
tract  books  in  the  General  Land  Office,  and  they  shall  be  paid  for 
from  the  reclamation  fund :  Provided,  That  an  entryman  may  elect 
to  enter  said  Reclamation  Act  a  lesser  area  than  the  minimum  limit 
in  any  State  or  Territory. 

Sec.  2.  That  wherever  the  Secretary  of  the  Interior,  in  carry- 
ing out  the  provisions  of  the  Reclamation  Act,  shall  acquire  by 
relinquishment  lands  covered  by  a  bona  fide  unperfected  entry 
under  the  land  laws  of  the  United  States,  the  entryman  upon  such 
tract  may  make  another  and  additional  entry,  as  though  the  entry 
thus  relinquished  had  not  been  made. 

Sec.  3.  That  any  townsite  heretofore  set  apart  or  established 
by  proclamation  of  the  President,  under  the  provisions  of  sections 
twenty-three  hundred  and  eighty  and  twenty-three  hundred  and 
eighty-one  of  the  Revised  Statutes  of  the  United  States,  within  or 
in  the  vicinity  of  any  reclamation  project,  may  be  appraised  and 
disposed  of  in  accordance  with  the  provisions  of  the  Act  of  Con- 


4T3 

gress  approved  April  sixteenth,  nineteen  hundred  and  six,  entitled 
"An  Act  providing  for  the  withdrawal  from  public  entry  of  lands 
needed  for  townsite  purposes  in  connection  with  irrigation  projects 
under  the  Reclamation  Act  of  June  seventeenth,  nineteen  hundred 
and  two,  and  for  other  purposes;"  and  all  necessary  expenses 
incurred  in  the  appraisal  and  sale  of  lands  embraced  within  any 
such  townsite  shall  be  paid  from  the  reclamation  fund,  and  the 
proceeds  of  the  sales  of  such  lands  shall  be  covered  into  the  reclama- 
tion fund. 

*  *  #  *  *  * 

Sec.  5.  That  where  any  bona  fide  desert-land  entry  has  been  or 
may  be  embraced  within  the  exterior  limits  of  any  land  withdrawal 
or  irrigation  project  under  the  Act  entitled  "An  Act  appropriating 
the  receipts  from  the  sale  and  disposal  of  public  lands  in  certain 
States  and  Territories  to  the  construction  of  irrigation  works  for 
the  reclamation  of  arid  lands,"  approved  June  seventeenth,  nine- 
teen hundred  and  two,  and  the  desert-land  entryman  has  been  or 
may  be  directly  or  indirectly  hindered,  delayed,  or  prevented  from 
making  improvements  or  from  reclaiming  the  land  embraced  in 
any  such  entry  by  reason  of  such  land  withdrawal  or  irrigation 
project,  the  time  during  which  the  desert-land  entryman  has  been 
or  may  be  so  hindered,  delayed,  or  prevented  from  complying  with 
the  desert-land  law  shall  not  be  computed  in  determining  the  time 
within  which  such  entryman  has  been  or  may  be  required  to  make 
improvements  or  reclaim  the  land  embraced  within  any  such  desert- 
land  entry:  Provided,  That  if  after  investigation  the  irrigation 
project  has  been  or  may  be  abandoned  by  the  Government,  time 
for  compliance  with  the  desert-land  law  by  any  such  entryman  shall 
begin  to  run  from  the  date  of  notice  of  such  abandonment  of  the 
project  and  the  restoration  to  the  public  domain  of  the  lands  with- 
drawn in  connection  therewith,  and  credit  shall  be  allowed  for  all 
expenditures  and  improvements  heretofore  made  on  any  such  desert- 
land  entry  of  which  proof  has  been  filed;  but  if  the  reclamation 
project  is  carried  to  completion  so  as  to  make  available  a  water 
supply  for  the  land  embraced  in  any  such  desert-land  entry,  the 
entryman  shall  thereupon  comply  with  all  the  provisions  of  the 
aforesaid  Act  of  June  seventeenth,  nineteen  hundred  and  two,  and 
shall  relinquish  all  land  embraced  within  his  desert-land  entry  in 
excess  of  one  hundred  and  sixty  acres,  and  as  to  such  one  hundred 
and  sixty  acres  retained,  he  shall  be  entitled  to  make  final  proof 
and  obtain  patent  upon  compliance  with  the  terms  of  payment 
prescribed  in  said  Act  of  June  seventeenth,  nineteenth  hundred 
and  two,  and  not  otherwise.  But  nothing  herein  contained  shall 
be  held  to  require  a  desert-land  entryman  who  owns  a  water  right 
and  reclaims  the  land  embraced  in  his  entry  to  accept  the  con- 
ditions of  said  Reclamation  Act. 

Approved,  June  27,  1906  (34  Stat.,  519). 

(G)    An  Act  providing  for  the  reappraisement  of  unsold  lots  in  the  townsites 
on  reclamation  projects,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  Secretary 
of  the  Interior  is  hereby  authorized,  whenever  he  may  deem  it 
necessary,  to  reappraise  all  unsold  lots  within  town  sites  on  pro- 


474 

jects  under  the  reclamation  Act  heretofore  or  hereafter  appraised 
under  the  provisions  of  the  Act  approved  April  sixteenth,  nine- 
teen hundred  and  six,  entitled  "An  Act  providing  for  the  with- 
drawal from  public  entry  of  lands  needed  for  town  site  purposes 
in  connection  with  irrigation  projects  under  the  Reclamation  Act 
of  June  seventeenth,  nineteen  hundred  and  two,  and  for  other  pur- 
poses," and  the  Act  approved  June  twenty-seventh,  nineteen  hun- 
dred and  six,  entitled  "An  Act  providing  for  the  subdivision  of 
lands  entered  under  the  Reclamation  Act,  and  for  other  purposes;" 
and  thereafter  to  proceed  with  the  sale  of  such  town  lots  in  accord- 
ance with  such  Acts. 

Sec.  2.  That  in  the  sale  of  town  lots  under  the  provisions  of 
the  said  Acts  of  April  sixteenth  and  June  twenty-seventh,  nineteen 
hundred  and  six,  the  Secretary  of  the  Interior  may,  in  his  discre- 
tion, require  payment  for  such  town  lots  in  full  at  time  of  sale  or 
in  annual  installments,  not  exceeding  five,  with  interest  at  the  rate 
of  six  per  centum  per  annum  on  deferred  pavments. 

Approved,  June  11,  1910  (36  Stat.,  465).* 

(H)  An  Act  providing  that  entrymen  for  homesteads  within  reclamation 
projects  may  assign  their  entries  upon  satisfactory  proof  of  residence,  im- 
provement, and  cultivation  for  five  years,  the  same  as  though  said  entry 
had  been  made  under  the  original  homestead  act. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  from  and 
after  the  filing  with  the  Commissioner  of  the  General  Land  Office  of 
satisfactory  proof  of  residence,  improvement,  and  cultivation  for 
the  five  years  required  by  law,  persons  who  have,  or  shall  make, 
homestead  entries  within  reclamation  projects  under  the  provisions 
of  the  Act  of  June  seventeenth,  nineteen  hundred  and  two,  may 
assign  such  entries,  or  any  part  thereof,  to  other  persons,  and  such 
assignees,  upon  submitting  proof  of  the  reclamation  of  the  lands 
and  upon  payment  of  the  charges  apportioned  against  the  same  as 
provided  in  the  said  Act  of  June  seventeenth,  nineteen  hundred 
and  two,  may  receive  from  the  United  States  a  patent  for  the  lands : 
Provided,  That  all  assignments  made  under  the  provisions  of  this 
Act  shall  be  subject  to  the  limitations,  charges,  terms,  and  con- 
ditions of  the  Reclamation  Act. 

Approved,  June  23,  1910  (36  Stat.,  592). 

(I)  An  Act  to  authorize  advances  to  the  "reclamation  fund,"  and  for  the 
issue  and  disposal  of  certificates  of  indebtedness  in  reimbursement  there- 
for, and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  to  enable  the 
Secretary  of  the  Interior  to  complete  Government  reclamation 
projects  heretofore  begun,  the  Secretary  of  the  Treasury  is 
authorized,  upon  request  of  the  Secretary  of  the  Interior,  to  trans- 
fer from  time  to  time  to  the  credit  of  the  reclamation  fund  created 
by  the  the  Act  entitled  "An  Act  appropriating  the  receipts  from  the 
sale  and  disposal  of  public  lands  in  certain  States  and  Territories 
to  the  construction  of  irrigation  works  for  the  reclamation  of  arid 
lands,"  approved  June  seventeenth,  nineteen  hundred  and  two, 
such  sum  or  sums,  not  exceeding  in  the  aggregate  twenty  million 
dollars,  as  the  Secretary  of  the  Interior  may  deem  necessary  to 


475 

complete  the  said  reclamation  projects,  and  such  extensions  thereof 
as  he  may  deem  proper  and  necessary  to  the  successful  and  profit- 
able operation  and  maintenance  thereof  or  to  protect  water  rights 
pertaining  thereto  claimed  by  the  United  States,  provided  the  same 
shall  be  approved  by  the  President  of  the  United  States;  and  such 
sum  or  sums  as  may  be  required  to  comply  with  the  foregoing 
authority  are  hereby  appropriated  out  of  any  money  in  the  Treas- 
ury not  otherwise  appropriated:  Provided,  That  the  sums  hereby 
authorized  to  be  transferred  to  the  reclamation  fund  shall  be  so 
transferred  only  as  such  sums  shall  be  actually  needed  to  meet  pay- 
ments for  work  performed  under  existing  law :  And  provided  fur- 
ther, That  all  sums  so  transferred  shall  be  reimbursed  to  the  Treas- 
ury from  the  reclamation  fund,  as  hereinafter  provided:  And  pro- 
vided further,  That  no  part  of  this  appropriation  shall  be  expended 
upon  any  existing  project  until  it  shall  have  been  examined  and 
reported  upon  by  a  board  of  engineer  officers  of  the  Army,  desig- 
nated by  the  President  of  the  United  States,  and  until  it  shall  be 
approved  by  the  President  as  feasible  and  practicable  and  worthy 
of  such  expenditure;  nor  shall  any  portion  of  this  appropriation 
be  expended  upon  any  new  project. 

Sec.  2.  That  for  the  purpose  of  providing  the  Treasury  with 
funds  for  such  advances  to  the  reclamation  fund,  the  Secretary  of 
the  Treasury  is  authorized  to  issue  certificates  of  indebtedness  of 
the  United  States  in  such  form  as  he  may  prescribe  and  in  denomi- 
tions  of  fifty  dollars,  or  multiples  of  that  sum;  said  certificates  to 
be  redeemable  at  the  option  of  the  United  States  at  any  time  after 
three  years  from  the  date  of  their  issue  and  to  be  payable  five  years 
after  such  date,  and  to  bear  interest,  payable  semiannually,  at  not 
exceeding  three  per  centum  per  annum;  that  principal  and  interest 
to  be  payable  in  gold  coin  of  the  United  States.  The  certificates 
of  indebtedness  herein  authorized  may  be  disposed  of  by  the  Sec- 
retary of  the  Treasury  at  not  less  than  par,  under  such  rules  and 
regulations  as  he  may  prescribe,  giving  all  citizens  of  the  United 
States  an  equal  opportunity  to  subscribe  therefor,  but  no  commis- 
sion shall  be  allowed  and  the  aggregate  issue  of  such  certificates 
shall  not  exceed  the  amount  of  all  advances  made  to  said  reclama- 
tion fund,  and  in  no  event  shall  the  same  exceed  the  sum  of  twenty 
million  dollars.  The  certificates  of  indebtedness  herein  authorized 
shall  be  exempt  from  taxes  or  duties  of  the  United  States  as  well 
as  from  taxation  in  any  form  by  or  under  State,  municipal,  or  local 
authority;  and  a  sum  not  exceeding  one-tenth  of  one  per  centum 
of  the  amount  of  the  certificates  of  indebtedness  issued  under  this 
Act  is  hereby  appropriated,  out  of  any  money  in  the  Treasury  not 
otherwise  appropriated,  to  pay  the  expenses  of  preparing  adver- 
tising, and  issuing  the  same. 

Sec.  3.  That  beginning  five  years  after  the  date  of  the  first 
advance  to  the  reclamation  fund  under  this  Act,  fifty  per  centum 
of  the  annual  receipts  of  the  reclamation  fund  shall  be  paid  into 
the  general  fund  of  the  Treasury  of  the  United  States  until  pay- 
ment so  made  shall  equal  the  aggregate  amount  of  advances  made 
by  the  Treasury  to  said  reclamation  fund,  together  with  interest 
paid  on  the  certificates  of  indebtedness  issued  under  this  Act  and 
any  expense  incident  to  preparing,  advertising,  and  issuing  the 
same. 


476 

Sec.  4.  That  all  money  placed  to  the  credit  of  the  reclamation 
fund  in  pursuance  of  this  Act  shall  be  devoted  exclusively  to  the 
completion  of  work  on  reclamation  projects  heretofore  begun  as 
hereinbefore  provided,  and  the  same  shall  be  included  with  all  other 
expenses  in  future  estimates  of  construction,  operation,  or  main- 
tenance, and  hereafter  no  irrigation  project  contemplated  by  said 
Act  of  June  seventeenth,  nineteen  hundred  and  two,  shall  be  begun 
unless  and  until  the  same  shall  have  been  recommended  by  the  Sec- 
retary of  the  Interior  and  approved  by  the  direct  order  of  the 
President  of  the  United  States.  „ 

"Sec.  5.  That  no  entry  shall  be  hereafter  made  and  no  entry- 
man  shall  be  permitted  to  go  upon  lands  reserved  for  irrigation 
purposes  until  the  Secretary  of  the  Interior  shall  have  established 
the  unit  of  acreage  and  fixed  the  water  charges  and  the  date  when 
the  water  can  be  applied  and  make  public  announcement  of  the 
same:  Provided,  That  where  entries  made  prior  to  June  twenty- 
fifth,  nineteen  hundred  and  ten,  have  been  or  may  be  relinquished 
in  whole  or  in  part,  the  lands  so  relinquished  shall  be  subject  to 
settlement  and  entry  under  the  homestead  law  as  amended  by  an 
Act  entitled  'An  Act  appropriating  the  receipts  from  the  sale  and 
disposal  of  the  public  lands  in  certain  States  and  Territories  to  the 
construction  of  irrigation  works  for  the  reclamation  of  arid  lands,' 
approved  June  seventeenth,  nineteen  hundred  and  two  (Thirty- 
second  Statutes  at  Large,  page  three  hundred  and  eighty-eight)." 

(Public  No.  386,  Approved,  February  18,  1911.) 

Sec.  6.  That  section  nine  of  said  Act  of  Congress,  approved 
June  seventeenth,  nineteen  hundred  and  two,  entitled  "An  Act 
appropriating  the  receipts  from  the  sale  and  disposal  of  public 
lands  in  certain  States  and  Territories  to  the  construction  of  irri- 
gation works  for  the  reclamation  of  arid  lands,"  is  hereby  repealed. 

Approved,  June  25,  1910  (36  Stat,  835). 

(I)  An  Act  granting  leaves  of  absence  to  homesteaders  on  lands  to  be  irrigated 
under  the  provisions  of  the  Act  of  June  seventeenth,  nineteen  hundred 
and  two. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  all 
qualified  entrymen  who  have  heretofore  made  bona  fide  entry  upon 
lands  proposed  to  be  irrigated  under  the  provisions  of  the  Act  of 
June  seventeenth,  nineteen  hundred  and  two,  known  as  the 
National  Irrigation  Act,  may,  upon  application  and  a  showing 
that  they  have  made  substantial  improvements,  and  that  water  is 
not  available  for  the  irrigation  of  their  said  lands,  within  the  dis- 
cretion of  the  Secretary  of  the  Interior,  obtain  leave  of  absence 
from  their  entries  until  water  for  irrigation  is  turned  into  the 
main  irrigation  canals  from  which  the  land  is  to  be  irrigated: 
Provided,  That  the  period  of  actual  absence  under  this  Act  shall 
not  be  deducted  from  the  full  time  of  residence  required  by  law. 

Approved  June  25, 1910  (36  Stat.,  864). 

(K)  An  Act  to  provide  for  the  sale  of  lands  acquired  under  the  provisions  of 
the  reclamation  act  and  which  are  not  needed  for  the  purposes  of  that  act. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  when- 


477 

ever  in  the  opinion  of  the  Secretary  of  the  Interior  any  lands 
which  have  been  acquired  under  the  provisions  of  the  Act  of  June 
seventeenth,  nineteen  hundred  and  two  (Thirty-second  Statutes, 
page  three  hundred  and  eighty-eight),  commonly  called  the  "Rec- 
lamation Act,"  or  under  the  provisions  of  any  Act  amendatory 
thereof  or  supplemental  thereto,  for  any  irrigation  works  contem- 
plated by  said  Reclamation  Act  are  not  needed  for  the  purposes  for 
which  they  were  acquired,  said  Secretary  of  the  Interior  may  cause 
said  lands,  together  with  the  improvements  thereon,  to  be  ap- 
praised by  three  disinterested  persons,  to  be  appointed  by  him, 
and  thereafter  to  sell  the  same  for  not  less  than  the  appraised 
value  at  public  auction  to  the  highest  bidder,  after  giving  public 
notice  of  the  time  and  place  of  sale  by  posting  upon  the  land  and 
by  publication  for  not  less  than  thirty  days  in  a  newspaper  of 
general  circulation  in  the  vicinity  of  the  land. 

Sec.  2.  That  upon  payment  of  the  purchase  price,  the  Secretary 
of  the  Interior  is  authorized  by  appropriate  deed  to  convey  all  the 
right,  title,  and  interest  of  the  United  States  of,  in,  and  to  said 
lands  to  the  purchaser  of  said  sale,  subject,  however,  to  such 
reservations,  limitations,  or  conditions  as  said  Secretary  may  deem 
proper:  Provided,  That  not  over  one  hundred  and  sixty  acres 
shall  be  sold  to  any  one  person. 

Sec.  3.  That  the  moneys  derived  from  the  sale  of  such  lands 
shall  be  covered  into  the  reclamation  fund  and  be  placed  to  the 
credit  of  the  project  for  which  such  lands  had  been  acquired. 

Approved,  February  2,  1911  (36  Stat.,  895). 

(L)  An  Act  to  authorize  the  Secretary  of  the  Interior  to  withdraw  public 
notices  issued  under  section  four  of  the  reclamation  act,  and  for  other 
purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  the 
Secretary  of  the  Interior  may,  in  his  discretion,  withdraw  any 
public  notice  heretofore  issued  under  section  four  of  the  Reclama- 
tion Act  of  June  seventeenth,  nineteen  hundred  and  two,  and  he 
may  agree  to  such  modification  of  water-right  applications  hereto- 
fore duly  filed  or  contracts  with  water  users'  associations  and 
others,  entered  into  prior  to  the  passage  of  this  Act,  as  he  may 
deem  advisable,  or  he  may  consent  to  the  abrogation  of  such  water- 
right  applications  and  contracts,  and  proceed  in  all  respects  as  if 
no  such  notice  had  been  given. 

Approved,  February  13,  1911  (36  Stat.,  902). 

(M)  An  Act  to  amend  section  five  of  the  Act  of  Congress  of  June  twenty-fifth, 
nineteen  hundred  and  ten,  entitled  "An  Act  to  authorize  advances  to  the 
'reclamation  fund,'  and  for  the  issue  and  disposal  of  certificates  of  indebt- 
edness in  reimbursement  therefor,  and  for  other  purposes." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  section 
five  of  an  Act  entitled  "An  Act  to  authorize  advances  to  the 
'reclamation  fund,'  and  for  the  issue  and  disposal  of  certificates 
of  indebtedness  in  reimbursement  therefor,  and  for  other  purposes," 
approved  June  twenty-fifth,  nineteen  hundred  and  ten  (Thirty- 
sixth  Statutes  at  Large,  page  eight  hundred  and  thirty-five),  be, 
and  the  same  hereby  is,  amended  as  follows: 


478 

"Sec.  5.  That  no  entry  shall  be  hereafter  made  and  no  entry- 
man  shall  be  permitted  to  go  upon  lands  reserved  for  irrigation 
purposes  until  the  Secretary  of  the  Interior  shall  have  established 
the  unit  of  acreage  and  fixed  the  water  charges  and  the  date  when 
the  water  can  be  applied  and  make  public  announcement  of  the 
same:  Provided,  That  where  entries  made  prior  to  June  twenty- 
fifth,  nineteen  hundred  and  ten,  have  been  or  may  be  relinquished 
in  whole  or  in  part,  the  lands  so  relinquished  shall  be  subject  to 
settlement  and  entry  under  the  homestead  law  as  amended  by  an 
Act  entitled  'An  Act  appropriating  the  receipts  from  the  sale  and 
disposal  of  the  public  lands  in  certain  States  and  Territories  to  the 
construction  of  irrigation  works  for  the  reclamation  of  arid  lands, ' 
approved  June  seventeenth,  nineteen  hundred  and  two  (Thirty- 
second  Statutes  at  Large,  page  three  hundred  and  eighty-eight)." 

Approved,  February  18,  1911  (36  Stat.,  917). 

(N)  An  Act  to  authorize  the  Government  to  contract  for  impounding,  storing, 
and  carriage  of  water,  and  to  co-operate  in  the  construction  and  use  of  res- 
ervoirs and  canals  under  reclamation  projects,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  when- 
ever in  carrying  out  the  provisions  of  the  reclamation  law,  storage 
or  carrying  capacity  has  been  or  may  be  provided  in  excess  of  the 
requirements  of  the  lands  to  be  irrigated  under  any  project,  the 
Secretary  of  the  Interior,  preserving  a  first  right  to  lands  and 
entrymen  under  the  project,  is  hereby  authorized,  upon  such  terms 
as  he  may  determine  to  be  just  and  equitable,  to  contract  for  the 
impounding,  storage,  and  carriage  of  water  to  an  extent  not  exceed- 
ing such  excess  capacity  with  irrigation  systems  operating  under 
the  Act  of  August  eighteenth,  eighteen  hundred  and  ninety-four, 
known  as  the  Carey  Act,  and  individuals,  Corporations,  associations, 
and  irrigation  districts  organized  for  or  engaged  in  furnishing  or 
in  distributing  water  for  irrigation.  "Water  so  impounded,  stored, 
or  carried  under  any  such  contract  shall  be  for  the  purpose  of  dis- 
tribution to  individual  water  users  by  the  party  with  whom  the 
contract  is  made:  Provided,  however,  That  water  so  impounded, 
stored,  or  carried  shall  not  be  used  otherwise  than  as  prescribed 
by  law  as  to  lands  held  in  private  ownership  within  Government 
reclamation  projects.  In  fixing  the  charges  under  any  such  con- 
tract for  impounding,  storing,  or  carrying  water  for  any  irrigation 
system,  corporation,  association,  district,  or  individual  as  herein 
provided,  the  Secretary  shall  take  into  consideration  the  cost  of 
construction  and  maintenance  of  the  reservoir  by  which  such  water 
is  to  be  impounded  or  stored  and  the  canal  by  which  it  is  to  be 
carried,  and  such  charges  shall  be  just  and  equitable  as  to  water 
users  under  the  Government  project.  No  irrigation  system,  dis- 
trict, association,  corporation,  or  individual  so  contracting  shall 
make  any  charge  for  the  storage,  carriage,  or  delivery  of  such 
water  in  excess  of  the  charge  paid  to  the  United  States  except  to 
such  extent  as  may  be  reasonably  necessary  to  cover  cost  of  car- 
Sec.  2.  That  in  carrying  out  the  provisions  of  said  Reclama- 
tion Act  and  Acts  amendatory  thereof  or  supplementary  thereto, 
the  Secretary  of  the  Interior  is  authorized,  upon  such  terms  as  may 
riage  and  delivery  of  such  water  through  their  works. 


479 

be  agreed  upon,  to  cooperate  with  irrigation  districts,  water  users, 
associations,  corporations,  entryraen  or  water  users  for  the  con- 
struction or  use  of  such  reservoirs,  canals,  or  ditches  as  may  be 
advantageously  used  by  the  Government  and  irrigation  districts, 
water  users  associations,  corporations,  entrymen  or  water  users  for 
impounding,  delivering  and  carrying  water  for  irrigation  pur- 
poses: Provided,  That  the  title  to  and  management  of  the  works 
so  constructed  shall  be  subject  to  the  provisions  of  section  six  of 
said  Act :  Provided  further,  That  water  shall  not  be  furnished 
from  any  such  reservoir  or  delivered  through  any  such  canal  or 
ditch  to  any  one  landowner  in  excess  of  an  amount  sufficient  to 
irrigate  one  hundred  and  sixty  acres :  Provided,  That  nothing  con- 
tained in  this  Act  shall  be  held  or  construed  as  enlarging  or 
attempting  to  enlarge  the  right  of  the  United  States,  under  exist- 
ing law,  to  control  the  waters  of  any  stream  in  any  State. 

Sec.  3.  That  the  moneys  received  in  pursuance  of  such  con- 
tracts shall  be  covered  into  the  reclamation  fund  and  be  available 
for  use  under  the  terms  of  the  Reclamation  Act  and  the  Acts  amen- 
datory thereof  or  supplementary  thereto. 

Approved,  February  21,  1911  (36  Stat,  925). 

(O)  An  Act  to  amend  an  act  entitled  "An  Act  providing  for  the  withdrawal 
from  public  entry  of  lands  needed  for  town-site  purposes  in  connection 
with  irrigation  projects  under  the  reclamation  act  of  June  seventeenth, 
nineteen  hundred  and  two,  and  for  other  purposes,"  approved  April  six. 
teenth,  nineteen  hundred  and  six. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  section 
five  of  an  Act  entitled  "An  Act  providing  for  the  withdrawal  from 
public  entry  of  lands  needed  for  townsite  purposes  in  connection 
with  irrigation  projects  under  the  Reclamation  Act  of  June  seven- 
teenth, nineteen  hundred  and  two,  and  for  other  purposes,"  ap- 
proved April  sixteenth,  nineteen  hundred  and  six,  be  amended  so  as 
to  read  as  follows : 

"Sec.  5.  That  whenever  a  development  of  power  is  necessary 
for  the  irrigation  of  lands,  under  any  project  undertaken  under  the 
said  Reclamation  Act,  or  an  opportunity  is  afforded  for  the  devel- 
opment of  power  under  any  such  project,  the  Secretary  pf  the  In- 
terior is  authorized  to  lease  for  a  period  not  exceeding  ten  years, 
giving  preference  to  municipal  purposes,  any  surplus  power  or 
power  privilege,  and  the  money  derived  from  such  leases  shall  be 
covered  into  the  reclamation  fund  and  be  placed  to  the  credit  of 
the  project  from  which  such  power  is  derived :  Provided,  That  no 
lease  shall  be  made  of  such  surplus  power  or  power  privileges  as 
will  impair  the  efficiency  of  the  irrigation  project :  Provided  fur- 
ther, That  the  Secretary  of  the  Interior  is  authorized,  in  his  discre- 
tion, to  make  such  a  lease  in  connection  with  Rio  Grande  project  in 
Texas  and  New  Mexico  for  a  longer  period  not  exceeding  fifty 
years,  with  the  approval  of  the  water  users'  association  or  asso- 
ciations under  any  such  project,  organized  in  conformity  with  the 
rules  and  regulations  prescribed  by  the  Secretary  of  the  Interior 
in  pursuance  of  section  six  of  the  Reclamation  Act  approved  June 
seventeenth,  nineteen  hundred  and  two." 

Approved,  February  24,  1911  (36  Stat.,  931). 


480 
(P)  Special  Acts. 

The  Act  of  April  23,  1904  (33  Stat.,  302),  as  amended  by  section 
15  of  the  Act  of  May  29,  1908  (35  Stat.,  448),  provides  for  the  dis- 
position and  irrigation  of  lands  within  the  limits  of  the  Flathead 
Indian  Reservation,  Mont. 

Section  25  of  the  Act  approved  April .21,  1904  (33  Stat.,  224), 
provides  for  the  reclamation,  allotment,  and  disposal  of  surplus 
irrigable  lands  in  the  Yuma  and  Colorado  Kiver  Indian  Reserva- 
tions in  California  and  Arizona. 

Section  26  of  the  Act  of  April  21,  1904,  supra,  provides  for  the 
re-clamation,  allotment,  and  disposal  of  surplus  irrigable  lands  in 
the  Pyramid  Lake  Indian  Reservation,  Nev. 

The  Apt  of  March  27,  1904  (33  Stat.,  357),  authorizes  the 
reclamation  and  disposition  of  irrigable  lands  in  the  ceded  Crow 
Indian  Reservation,  in  Montana. 

Section  12  of  the  Act  of  March  22,  1906  (34  Stat.,  80),  provides 
for  the  disposition,  under  the  Reclamation  Act,  of  lands  in  the 
diminished  Colville  Indian  Reservation,  Wash. 

The  Act  of  June  9,  1906  (34  Stat.,  228),  authorizes  the  dispo- 
sition of  lands  in  the  abandoned  Fort  Shaw  Military  Reservation, 
Mont.,  under  the  Reclamation  Act. 

The  Act  oOlarch  6,  1906  (34  Stat.,  53),  authorizes  the  reclama- 
tion and  disposal  of  surplus  irrigable  lands  in  the  Yakima  Indian 
Reservation,  Wash. 

The  Act  of  June  21,  1906  (34  Stat.,  327),  authorizes  the  sale  of 
allotted  Indian  lands  on  reclamation  projects,  and  the  Act  of 
March  3,  1909  (35  Stat.,  782),  authorizes  the  Secretary  of  the  In- 
terior to  make  allotments  of  such  lands  in  such  areas  as  he  may 
deem  proper,  not  exceeding  the  amount  therein  named. 

The  Act  of  March  1,  1907  (34  Stat.,  1037),  provides  for  the 
disposition  of  irrigable  lands  in  the  Blackfeet  Indian  Reservation, 
Mont. 

The  Act  of  April  30,  1908  (35  Stat.,  85),  provides  for  the  irriga- 
tion of  Indian  lands. 

Sections  1  and  10  of  the  Act  of  Congress  approved  May  30,  1908, 
provide  for  the  reclamation  of  lands  on  the  Fort  Peck  Indian 
Reservation,  Mont. 

Section  1  of  the  Act  of  June  22,  1910  (36  Stat.,  583),  authorizes 
the  withdrawal  and  reclamation  of  classified  coal  land,  patents  for 
such  lands  to  reserve  to  the  United  States  the  coal  deposits  therein. 

An  Act  February  2,  1911  (Public,  338),  land  acquired  by  Gov- 
ernment not  needed  to  be  appraised  and  sold  at  auction,  not  over 
160  acres  to  each  person. 

Surplus  power  to  be  leased  for  10  years,  preference  for  munici- 
pal purposes,  50  years  on  Rio  Grande  Project.  Approved,  Feb- 
ruary 27,  1911  (Public,  417). 

Secretary  of  the  Interior  authorized  to  contract  with  individ- 
uals, corporations,  for  supplying  water  storage,  constructing  ^ser- 
voirs,  canals,  etc.  Approved,  February  23  1911  (Public,  406;. 

REGULATIONS. 
General  Information. 

1.  Section  3  of  the  Act  of  June  17,  1902  (32  Stat.,  388),  pro- 
vides for  the  withdrawal  of  lands  from  all  disposition  other  than 


481 

that  provided  for  by  said  Act.  Lands  withdrawn  as  susceptible  of 
irrigation  (usually  referred  to  as  withdrawn  under  the  second 
form)  are  subject  to  entry  under  the  provisions  of  the  homestead 
law  only,  and  since  the  passage  of  the  Act  of  June  25,  1910  (36 
Stats.,  835),  are  open  to  settlement  or  entry  only  when  approved 
farm  unit  plats  have  been  filed  and  public  notice  has  been  issued 
in  connection  therewith,  fixing  the  water  charges  and  the  date 
when  water  can  be  applied,  except  as  provided  by  the  Act  of  Feb- 
ruary 18,  1911  (36  Stat.,  917).  Where  settlements  had  been  effected 
in  good  faith  prior  to  June  25,  1910,  on  lands  embraced  within 
second  form  withdrawals,  persons  showing  such  settlement  are 
entitled  to  complete  entry  in  the  manner  and  within  the  time  pro- 
vided by  law. 

2.  Under  the  provisions  of  the  Act  of  February  18,  1911  (36 
Stat.,  917),  the  prohibition  contained  in  section  5  of  the  Act  of 
Congress  approved  June  25,  1910,  forbidding  settlement  on  or  entry 
of  lands  reserved  for  irrigation  purposes  prior  to  the  approval  of 
farm  unit  plats  and  the  issuance  of  public  notice  fixing  the  water 
charges  and  the  date  when  water  can  be  applied,  is  withdrawn  and 
set  aside  as  to  lands  included  in  entries  made  prior  to  June  25, 
1910,  where  such  entries  have  been  or  may  be  relinquished  in  whole 
or  in  part. 

3.  Settlement  and  entry  on  such  lands  will  be  allowed  subject 
to  the  provisions  of  the  homestead  law  and  the  Reclamation  Act  of 
June  17,  1902,  supra,  in  the  same  manner  as  for  other  lands  subject 
to  entry  within  reclamation  projects.     The  lands  mwst  have  been 
covered  by  a  valid  entry  prior  to  June  25,  1910,  and  shall  only  be 
subject  to  entry  under  the  provisions  of  the  present  Act  in  cases 
where  a  relinquishment  of  the  former  entry  has  been  or  shall  be 
filed.     Registers  and  Receivers  in  their  action  on  applications  to 
make  homestead  entry  under  the  provisions  of  this  Act  will  be  gov- 
erned by  the  records  of  their  office,  and  will  note  on  all  entries 
allowed  hereunder  the  homestead  number  and  date  of  the  relin- 
quishment entry,  and  the  fact  that  the  new  entry  is  allowed  subject 
to  the  provisions  of  the  Act  of  <F ebruary  18,  1911. 

4.  Entry  under  this  Act  is  permitted  only  after  relinquish- 
ment of  an  entry  made  prior  to  June  25,  1910,  and  therefore  the 
relinquishment  of  an  entry  made  under  this  Act,  even  though  it 
covers  lands  which  were  the  subject  of  another  entry  made  prior 
to  June  25,   1910,   would  not  permit   a   third   entry  to  be  made. 
Lands  entered  under  this  Act  will  be  held  subject  to  the  prohibition 
contained  in  section  5  of  the  Act  of  June  25,  1910,  upon  the  relin- 
quishment of  an  entry  made  under  the  Act  of  February  18,  1911. 

5.  Homestead  entries  of  lands  shown  on  the  farm  unit  plats 
are  made  in  practically  the  same  manner  as  the  usual  homestead 
entry,  but  they  are  subject  to  all  the  provisions,  limitations,  charges, 
terms,  and  conditions  of  the  Reclamation  Act. 

6.  Registers  and  Receivers  will  indorse  across  the  face  of  each 
homestead  application,  when  allowed  under  the  Reclamation  Act, 
the  following:     "This  entry  allowed  subject  to  the  provisions  of 
the  Act  of  June  17,  1902  (32  Stat..  388);"  and  will  advise  each 
entryman  of  the  provisions  of  the  Act  by  furnishing  him  with  a 
copy  of  this  circular. 

7.  These  entries  are  not  subject  to  the  commutation  provisions 


482 

of  the  homestead  law,  and  on  the  determination  by  the  Secretary 
of  the  Interior  that  the  proposed  irrigation  project  is  practicable, 
the  entries  hitherto  made  and  not  conforming  to  an  established 
farm  unit  may  be  reduced  in  area  to  the  limit  representing  the 
acreage  which,  in  the  opinion  of  the  Secretary,  may  be  reasonably 
required  for  the  support  of  a  family  upon  the  lands  in  question, 
and  the  lands  within  a  project  are  platted  to  farm  units  represent- 
ing such  areas.  The  farm  units  may  be  as  small  as  10  acres  where 
the  lands  are  suitable  for  fruit  raising,  etc.,  but  on  most  projects, 
so  far,  they  have  been  fixed  at  from  40  to  80  acres  each.  These 
areas  are  announced  on  farm  unit  plats,  and  public  notice  stating 
the  amount  of  the  charges  and  other  details  concerning  payment, 
is  issued  by  the  Secretary  of  the  Interior,  shortly  before  the  Gov- 
ernment is  ready  to  furnish  water.  Until  this  public  notice  is 
issued  it  will  be  impossible  in  most  respects  to  give  definite  infor- 
mation as  to  any  particular  tract  or  as  to  the  details  intended  to 
be  covered  by  such  notice;  but  Registers  and  Receivers  will,  upon 
inquiry,  give  all  general  information  relative  to  the  public  lands 
included  in  reclamation  projects,  and  will  keep  the  engineers  of 
the  Reclamation  Service  fully  informed,  by  correspondence,  as  to 
conditions  affecting  the  same. 

Withdrawals  and  Restorations. 

8.  The  withdrawal  of  these  lands  at  first  is  principally  for  the 
purpose  of  making  surveys  and  irrigation  investigations  in  order  to 
determine  the  feasibility  of  the  plans  of  irrigation  and  reclamation 
proposed.     Only  a  portion  of  the  lands  will  be  irrigated  even  if 
the  project  is  feasible,  but  it  will  be  impossible  to  decide  in  advance 
of  careful  examination  what  lands  may  be  watered,  if  any,  and  the 
mere  fact  that  surveys  are  in  progress  is  no  indication  whatever 
that  the  works  will  be  built.     It  can  not  be  determined  how  much 
water  there  may  be  available,  or  what  lands  can  be  covered,  or 
whether  the  cost  will  be  too  great  to  justify  the  undertaking  until 
the  surveys  and  the  irrigation  investigations  have  been  completed. 

9.  There   are  two  'classes   of  withdrawals   authorized   by  the 
act:     One    commonly    known    as    "Withdrawals    under    the    first 
form,"  which  embraces  lands  that  may  possibly  be  needed  in  the 
construction  and  maintenance  of  irrigation  works,  and  the  other 
commonly  known  as  "Withdrawals  under  the  second  form,"  which 
embraces  lands  not  supposed  to  be  needed  in  the  actual  construc- 
tion and  maintenance  of  irrigation  works,  but  which  may  possibly 
be  irrigated  from  such  works. 

10.  After  lands  have  been  withdrawn  under  the  first  form  they 
can  not  be  entered,  selected,  or  located  in  any  manner  so  long  as 
they  remain  so  withdrawn,  and  all  applications  for  such  entries, 
selections,  or  locations  should  be  rejected  and  denied,  regardless 
of  whether  they  were  presented  before  or  after  the  date  of  such 
withdrawal.     (See  John  J.  Maney,  35  L.  D.,  250.) 

11.  Lands  withdrawn  under  the  second  form  and  subject  to 
entry  can  be  entered  only  under  the  homestead  laws  and  subject  to 
the  provisions,  limitations,  charges,  terms,  and  conditions  of  the 
Reclamation  Act,  and  all  applications  to  make  selections,  locations, 
or  ertries  of  any  other  kind  on  such  lands   should   be  rejected, 
regardless  of  whether  they  are  presented  before  or  after  the  lands 


483 

are  withdrawn,  except  that  where  settlement  rights  were  acquired 
prior  to  the  withdrawal  and  have  been  diligently  prosecuted  and 
the  homestead  law  fully  complied  with,  the  settler  will  be  entitled 
to  make  and  complete  his  entry  as  if  it  had  been  made  before  the 
withdrawal.  (See  Win.  Boyle,  38  L.  D.,  603.) 

12.  Withdrawals  made  under  either  of  these  forms  do  not  defeat 
or  adversely  affect  any  valid  entry,  location  or  selection  which  segre- 
gated and  withheld  the  lands  embraced  therein  from  other  forms 
of  appropriation  at  the  date  of  such  withdrawal;  and  all  entries, 
selections,  or  locations  of  that   character  should  be  permitted  to 
proceed  to  patent  or  certification  upon  due  proof  of  compliance 
with  the  law  in  the  same  manner  and  to  the  same  extent  to  which 
they  would  have  proceeded  had  such  withdrawal  not  been  made, 
except  as  to  lands  needed  for  construction  purposes.     All  lands, 
however,  taken  up  under  any  of  the  land  laws  of  the  United  States 
subsequent   to  October  2,   1888,   are  subject  to  right  of  way  for 
ditches  or  canals  constructed  by  authority  of  the  United  States 
(Act  of  August  30,  1890,  26  Stat,  391;  circular  approved  by  De- 
partment July  25,  1903).     All  entries  made  upon  the  lands  referred 
to  are  subject  to  the  following  proviso  of  the  Act  cited: 

That  in  all  patents  for  lands  hereafter  taken  up  under  any  of  the  land 
laws  of  the  United  States  or  on  entries  or  claims  validated  by  this  Act  west 
of  the  one  hundredth  meridian  it  shall  be  expressed  that  there  is  reserved 
from  lands  in  said  patent  described  a  right  of  way  thereon  for  ditches  or 
canals  constructed  by  the  authority  of  the  United  States. 

13.  Should  a  homestead  entry  embrace  land  that  is  needed  in 
whole  or  in  part  for  purposes  contemplated  by  said  proviso  the  land 
would  be  taken  for  such  purpose,  and  the  entryman  would  have  no 
claim  against  the  United  States  for  the  same. 

14.  All  withdrawals  become  effective  on  the  date  upon  which 
they  are  ordered  by  the  Secretary  of  the  Interior,  and  all  orders 
for  restorations  on  the  date  they  are  received  in  the  local  land 
office  unless  otherwise  specified  in  the  order.     (George  B.  Pratt  et 
al.,  38  L.  D.,  146.) 

15.  Upon  the  cancellation  of  a  homestead  entry  covering  lands 
embraced  within  a  withdrawal  under  the   Reclamation   Act  such 
withdrawal   becomes   effective   as   to   such   lands   without   further 
order.     (See  Cornelius  J.  MacNamara,  33  L.  D.,  520.) 

16.  Where  the  Secretary  of  the  Interior  by  the  approval  of 
farm-unit  plats  has  determined,  or  may  determine,  that  the  lands 
designated  thereon  are   irrigable,  the  filing  of  such  plats  in  the 
General  Laud  Office  and  in  the  local  land  offices  is  to  be  regarded  as 
equivalent  to  an  order  withdrawing  such  lands  under  the  second 
form,  and  as  an  order  changing  to  the  second  form  any  withdrawals 
of  the  first  form  then  effective  as  to  any  such  tracts.     This  applies 
to  all  areas  shown  on  the  farm-unit  plats  as  subject  to  entry  under 
the  provisions  of  the  Reclamation  Act  or  as  subject  to  the  filing 
of  water-right  applications.     Upon  receipt  of  such  plats  appropriate 
notations  of  the  change  of  form  of  withdrawals  are  to  be  made  in 
accordance  therewith  upon  the  records  of  the  General  Land  Office 
and  of  the  local  land  offices. 

In  the  event  any  lands  embraced  in  any  entry  on  which  final 
proof  has  not  been  offered,  or  in  any  unapproved  or  uncertified 
selection,  are  needed  in  the  construction  and  maintenance  of  any 


484 

irrigation  works  (other  than  for  right  of  way  for  ditches  or  canals 
reserved  under  Act  of  Aug.  30,  1890)  under  the  Reclamation  Act, 
the  Government  may  cancel  such  entry  or  selection  and  appropriate 
the  lands  embraced  therein  to  such  use,  after  paying  the  value  of 
the  improvements  thereon  and  the  enhanced  value  of  such  lands 
caused  by  such  improvements. 

18.  Uncompleted   claims   to   lands  withdrawn  under  the   pro- 
visions of  the  Reclamation  Act  and  determined  to  be  needed  for  con- 
struction of  irrigation  works  in  connection  with  a  project  that  has 
been  found  practicable  should  not  be  allowed  to  be  perfected,  but 
should  remain  in  the  same  status  as  existed  at  the  time  the  deter- 
mination was  made,  and  the  rights  of  the  claimants  adjusted  upon 
the   basis   of   that   status.     (Opinion   of  Asst.   Atty.    General,    34 
L.  D.,  421.) 

19.  Where  the  owners  of  the  improvements  mentioned  in  para- 
graph 17  shall  fail  to  agree  with  the  representative  of  the  Govern- 
ment as  to  the  amount  to  be  paid  therefor,   the   same   shall   be 
acquired  by  condemnation  proceedings  under  judicial  process,  as 
provided  by  section  7  of  the  Reclamation  Act. 

20.  Inasmuch  as  every  entry  within  the  limits  of  a  withdrawal 
under  the  Reclamation  Act  is  subject  to  conformation  to  an  estab- 
lished farm  unit,  improvements  placed  upon  the  different  subdi- 
visions by  the  entryman  prior  to  such  conformation  are  at  his  risk. 
(Jerome  M.  Higman,  37  L.  D.,  718.)     They  should  be  confined  to 
one  legal  subdivision  until  the  entry  is  conformed.     In  readjusting 
such  an  entry  the  Secretary  is  not  required  to  confine  the  farm 
unit  to  the  limits  of  the  entry,  but  may  combine  any  legal  subdi- 
vision thereof  with  a  contiguous  tract  lying  outside  of  the  entry 
so  as  to  equalize  in  value  the  several  farm  units.     (Idem.)     The 
Act  of  June  27,  1906,.  supra,  authorizes  the  Secretary  of  the  Interior 
to  fix  a  lesser  area  than  40  acres  as  a  farm  unit  when,  "by  reason 
of  market  conditions  and  special  fitness  of  the  soil  and  climate  for 
the  growth  of  fruit  and  garden  produce,  a  lesser  area  than  forty 
acres  may  be  sufficient  for  the  support  of  a  family"  or  when  neces- 
sary "in  order  to  provide  for  practical  and  economical  irrigation." 

Additional  Entries. 

21.  A  person  who  has  entered  a  farm  unit  within  a  project  can 
not  make  an  additional  homestead  entry.     One  who  has  made  home- 
stead entry  for  less  than  160  acres  outside  of  a  reclamation  project 
is  disqualified  from  making  an  additional  entry  of  a   farm  unit 
within  a  reclamation  project,  which  farm  unit  is  the  equivalent  of 
a  homestead  entry  of  160  acres  of  land  outside  of  the  reclamation 
project. 

22.  "Where,  however,  the  first  or  original  homestead  entry  was 
made  subject  to  the  restrictions  and  conditions  of  the  Reclamation 
Act,  any  entry  additional  thereto  would  be  likewise  subject  to  the 
same  restrictions  and  conditions,  and  in  such  cases  additional  entries 
may  be  allowed  within  reclamation  projects  under  Acts  authorizing 
additional  entries,  except  where  farm  units  have  been  established 
prior  to  the  filing  of  the  applications.     Both  entries  so  allowed  are 
subject  to  the  same  adjustment  to  one  farm  unit  as  if  the  entire 
tract  had  been  included  in  the  first  entry.     (Henry  W.  Williamson, 
38  L.  D.,  233.) 


485 
Contests. 

23.  No  private  contest  will  be  allowed  against  any  entry  em- 
bracing land  included  within  the  area  of  any  first  form  withdrawal 
or  land  reserved  for  irrigation  purposes,  commonly  known  as  land 
under  the  second  form  of  withdrawal,  until  the  Secretary  of  the 
Interior  shall  have  established  the  unit  of  acreage  and  fixed  the 
water  charges,  and  the  date  when  the  water  can  be  applied  and 
made  public  announcement  of  the  same.     In  cases  wThere  contest 
has  been  allowed  as  to  entries  on  second  form  lands,  the  Act  of 
Congress  approved  June  25,  1910  (36  Stats.,  835),  precludes  entry 
by  successful  contestants  until  the  lands  are  restored  to  the  public 
domain  or  platted  to  farm  units  and  covered  by  public  notice  under 
section  4  of  the  Reclamation  Act.     In  all  cases  where  a  contest  has 
been  allowed  prior  to  the  withdrawal  of  the  lands,  or  in  the  case  of 
entries  on  second  form  lands,  prior  to  the  approval  of  the  Act  of 
June  25,  1910,  the  withdrawal  attaches  to  the  lands  involved  imme- 
diately on  cancellation  of  the  entry  and  no  rights  can  be  obtained 
by  the  contestant  in  the  event  that  the  entry  is  canceled  under  the 
contest  proceedings  prior  to  the  vacation  of  the  order  of  with- 
drawal and  opening  of  the  lands  to  entry.     In  all  cases  where  a 
preference  right  has  been  gained  by  virtue  of  a  successful  contest, 
terminated  before  the  withdrawal  of  the  land  or  the  passage  of  the 
said  Act,  the  successful  contestant  may  exercise  his  right  and  make 
entry  at  any  time  within  thirty  days  from  notice  that  the  lands 
involved  have  been  restored  to  the  public  domain  or  covered  by 
public  notice  and  made  subject  to  entry,  but,  in  the  latter  event, 
his  entry  must  be  made  subject  to  the  limitations,  charges,  and 
conditions  imposed  by  the  Reclamation  Act. 

24.  Any  entry  of  land  embraced  within  the  area  of  a  second 
form  withdrawal  may  be   contested  after  farm  units  have  been 
established  covering  such  entry  and  public  notice  has  issued  in  con- 
nection writh  the  same,  fixing  the  water  charges  and  the  date  when 
water  can  be  applied,  and  if  at  the  date  of  entry  by  the  successful 
contestant  the  lands  have  not  been  released  from  the  withdrawal 
under  the  provisions  of  the  Reclamation  Act,  his  entry  will  be  sub- 
ject to  the  limitations,  charges,  and  conditions  imposed  by  that  Act. 

Leave  of  Absence. 

25.  When  homestead  entrymen  within  irrigation  projects  file 
in  the  local  land  office  applications  for  leave  of  absence  under  the 
provisions  of  the  Act  of  June  25,  1910,  the  Register  and  Receiver 
will  make  proper  notation  of  the  same  on  their  records  and,  at 
once,  by  special  letter,  forward  the  application,  together  with  their 
recommendation  thereon,  to  the  General  Land  Office  for  action. 

26.  These  applications  for  leave  of  absence  should  be  in  the 
form  of  an  affidavit,  duly  corroborated  by  two  witnesses,  contain  a 
specific  description  of  the  land,  show  the  good  faith  of  the  appli- 
cant, and  set  forth  in  detail  the  character,  the  extent,   and  the 
approximate  value  of  the  improvements  placed  on  the  lands,  which 
must  be  such  as  to  satisfy  the  requirements  of  the  law  that  the 
entryman  has  made  substantial  improvements,   and  the  applicant 
must  show,  as  a  matter  of  fact,  that  water  is  not  available  for  the 
irrigation  thereof. 


486 

27.  When  sufficient  showing  is  made  in  cases  coming  within 
the  provisions  of  the  law,  leave  of  absence  will  be  granted  until 
such  time  as  water  for  irrigation  is  turned  into  the  main  irrigation 
canals  from  which  the  land  is  to  be  irrigated  or,  in  the  event  that 
the  project  is  abandoned  by  the  Government,  until  the  date  of  notice 
of  such  abandonment  and  the  restoration  to  the  public  domain  of 
the  lands  embraced  in  the  entry. 

28.  Attention  is  directed  to  the  provision  that  "the  period  of 
actual  absence  shall  not  be  deducted  from  the  full  time  of  residence 
required  by  law."     The  effect  of  the  granting  of  leave  of  absence 
under  this  Act  is  to  protect  the  entry  from  contest  for  abandon- 
ment and,  by  the  necessary  implication  of  the  Act,  the  period  of 
seven  years  within  which  the  entryman  is  required  to  submit  final 
five-year  proof  will  be  extended  and  the  entry  will  not  be  subject 
to  cancellation  for  failure  to  submit  proof  until  seven  years  from 
the  date  of  entry,  exclusive  of  the  period  for  which  leave  of  absence 
may  be  granted.     (See  Three-Year  Homestead  Law.) 

Assignments. 

29.  Under  the  provisions  of  the  Act  of  June  23,  1910  (36  Stat., 
592)  persons  who  have  made  or  may  make  homestead  entries  sub- 
ject to  the  Reclamation  Act  may  assign  their  entries  in  their  entirety 
at  any  time  after  filing  in  this  office  satisfactory  proof  of  residence, 
improvements,  and  cultivation  for  the  five  years  required  by  the 
ordinary  provisions  of  the  homestead  law.     The  Act  also  provides 
for  the  assignment  of  homestead  entries  in  part,  but  such  assign- 
ments, if  made  prior  to  the  establishment  of  farm  units,  must  be 
made  in  strict  accordance  with  the  legal  subdivisions  of  the  public 
survey,  and  if  made  after  such  units  are  established  must  conform 
thereto,  except  as  hereinafter  provided. 

30.  In  cases  where  the  entry  involves  two  or  more  farm  units, 
the  entryman  may  file  an  election  as  to  which  farm  unit  he  will 

-retain,  and  he  may  assign  and  transfer  to  a  qualified  assignee  any 
farm  unit  or  farm  units  entirely  embraced  within  the  original  entry. 
He  may  also  assign  parts  of  farm  units  included  in  his  entry,  pro- 
vided the  assignee  has  an  entry  covering  or  obtains  an  assignment 
of  the  remainder  of  such  unit.  If  an  election  by  the  entryman  to 
conform  to  a  farm  unit  be  filed  and  no  assignment  made  of  the 
remainder  of  the  entry,  the  entry  will  be  conformed  to  the  farm 
unit  selected  for  retention  and  canceled  as  to  the  remainder. 

31.  Where  it  is  desired  to  assign  a  part  of  an  established  farm 
unit,  an  application  for  the  amendment  and  subdivision  of  such  unit 
should  be  filed  with  the  project  engineer,  and  the  assignment,  with 
accompanying  affidavit  and  supplemental  water  right  application, 
should  be  filed  in  the  local  land  office. 

32.  If  a  survey  shall  be  found  necessary  to  determine  the  boun- 
daries of  the  subdivision  of  any  such  farm  unit,  or  the  division  of 
the  irrigable  area,  a  deposit  equal  to  the  estimated  cost  of  such 
survey  must  be  made  with  the  special  fiscal  agent,  Reclamation 
Service,  on  the  project  by  or  on  behalf  of  the  parties  concerned. 
Any  excess  over  the  actual  cost  will  be  returned  to  the  depositor  or 
depositors  after  completion  of  the  survey  and  they  will  also  be 
required  to  make  good  any  deficiency  in  their  deposit. 

33.  When  the  plats  describing  the  amended  farm  units   are 


487 

approved  by  the  engineer  in  charge  of  the  project  he  will  forward 
a  copy  of  the  amended  plat  to  the  local  land  office  where  the  same 
will  be  treated  as  an  official  amendment  of  the  farm  unit  plat,  which 
will  thereafter  be  formally  approved  in  the  usual  manner  by 
authority  of  the  Secretary. 

34.  No  assignment  of  any  portion  of  any  farm  unit  will  be 
accepted  by  the  Commissioner  of  the  General  Land  Office  or  recog- 
nized as  modifying  any  approved  water  right  application  or  releas- 
ing any  part  of  the  farm  unit  as  originally  established  from  any 
portion  of  the  charges  announced  against  it  until  after  the  filing  in 
the  local  land  office  of  evidence  of  the  qualifications  of  the  assignee, 
and  a  proper  water  right  application  with  payment  of  all  amounts 
due  upon  the  land  included  in  the  assignment. 

35.  Assignments  under  this  Act  must  be  made  expressly  sub- 
ject   to    the    limitations,    charges,    terms,    and    conditions    of    the 
Reclamation  Act,  and,  inasmuch  as  that  Act  limits  the  right  of 
entry  to  one  farm  unit,  the  assignee  must  present  a  showing  in  the 
form  of  an  affidavit  duly  corroborated,  that  he  has  not  acquired  title 
to  and  is  not  claiming  any  other  farm  unit  or  entry  under  the 
Reclamation  Act,  and  has  no  other  existing  water  right  applications 
covering  an  area  of  land  which  added  to  that  taken  by  assign- 
ment will  exceed  one  hundred  and  sixty  acres,  or  the  maximum 
limit  of  area  fixed  by  the  Secretary. 

36.  Assignments  made  and  filed  in  accordance  with  these  regu- 
lations must  be  noted  on  the  local  office  record  and  at  once  for- 
warded to  the  General  Land  Office  for  immediate  consideration, 
and,  if  approved,  the  assignees  in  each  case  will  be  required  to  make 
payment  of  the  water  right  charges  and  submit  proof  of  reclamation 
as  would  the  original  entryman,  and,  after  proof  of  full  compliance 
with  the  law,  may  receive  a  patent  for  the  land. 

Mortgages. 

37.  Mortgages  of  lands  embraced  in  homestead  entries  within 
reclamation  projects  may  file  in  the  local  land  office  for  the  district 
within  which  the  land  is  located  a  notice  of  such  mortgage,  and  shall 
become  entitled  to  receive  and  be  given  the  same  notice  of  any  con- 
test or  other  proceedings  thereafter  had  affecting  the  land  as  is 
required  to  be  given  the  entryman  in  connection  with  such  proceed- 
ing.    Every  such  notice  of  a  mortgage  received  must  be  forthwith 
noted  upon  the  records  of  the  local  land  office  and  be  promptly 
reported  to  the  General  Land  Office,  where  like  notation  will  be 
made.     Relinquishment  of  a  homestead  entry  within  a  reclamation 
project  upon  which  final  proof  has  been  submitted,  where  the  rec- 
ords show  the  land  to  have  been  mortgaged,  will  not  be  accepted 
or  noted,  unless  the  mortgagee  joins  therein,  nor  will  an  assignment 
of  such  an  entry  or  part  thereof  under  the  Act  of  June  23,  1910 
(36  Stat.,  592),  be  recognized  or  permitted  unless  the  assignment 
specifically  refers  to  such  mortgage  and  is  made  and  accepted  sub- 
ject thereto. 

Cancellation. 

38.  All  persons  holding  land  under  homestead  entries  made 
under  the  Reclamation  Act  must,  in  addition  to  paying  the  water 
right  charges,  reclaim  at  least  one-half  of  the  total  irrigable  area  of 


488 

their  entries  as  finally  adjusted  for  agricultural  purposes,  and  reside 
upon,  cultivate,  and  improve  the  lands  embraced  in"  their  entries  for 
not  less  than  the  period  required  by  the  homestead  laws.  Any 
failure  to  make  any  two  payments  when  due  or  to  reclaim  the  lands 
as  above  indicated,  or  any  failure  to  comply  with  the  requirements 
of  the  homestead  laws  and  the  Reclamation  Act  as  to  residence, 
cultivation,  and  improvement,  will  render  their  entries  subject  to 
cancellation  and  the  money  already  paid  by  them  subject  to  for- 
feiture, whether  they  have  filed  water  right  application  or  not. 
Widows  and  Heirs  of  Entrymen. 

39.  The  widows  or  heirs  of  persons  who  make  entries  under 
the  Reclamation  Act  will  not  be  required  both  to  reside  upon  and 
cultivate  the  lands  covered  by  the  entry  of  the  person  from  whom 
they  inherit,  but  they  must  reclaim  at  least  one-half  of  the  total 
irrigable  area  of  the  entry  for  agricultural  purposes  as  required  by 
the  Reclamation  Act  and  make  payment  of  all  unpaid  charges  when 
due  and  before  either  final  certificate  or  patent  can  be  issued. 

40.  Upon  the  death  of  a  homesteader  having  an  entry  within 
an  irrigation  project,  leaving  no  widow  and  only  minor  heirs,  his 
right  may,  under  section  2292,  Revised  Statutes,  be  sold  for  the 
benefit  of  such  heirs.     (See  heirs  of  Frederick  C.  De  Long,  36  L.  D., 
332.)     If  in  such  case  the  land  has  been  divided  into  farm  units  the 
purchaser  takes  title  to  the  particular  unit  to  which  the  entry  has 
been  limited,  but  if  subdivision  has  not  been  made  he  will  acquire 
an  interest  only  in  the  land  which  would  have  been  allotted  to  the 
entryman  as  his  farm  unit,  in  either  case  taking  subject  to  the  pay- 
ment of  the  charges  authorized  by  the  Reclamation  Act  and  regu- 
lations thereunder  and  free  from  all  requirements  as  to  residence 
and  cultivation  (idem). 

Final  Proof. 
GENERAL  INFORMATION. 

41.  All  persons  who  apply  to  make  entry  of  lands  within  the 
irrigable  area  of  any  project  commenced  or  contemplated  under  the 
Reclamation  Act  will  be  required  to  comply  fully  with  the  home- 
stead law  as  to  residence,   cultivation,   and  improvement   of  the 
land,  and  the  failure  to  supply  water  from  such  works  in  time  for 
use  upon  the  land  entered  will  not  justify  a  failure  to  comply  with 
the  law  and  to  make  proof  thereof  within  the  time  required  by  the 
statutes,  except  in  cases  where  leave  of  absence  is  granted  under 
the  Act  of  June  25,  1910  (supra). 

42.  Persons  who  have  resided  upon,  cultivated  and  improved 
their  lands  for  the  length  of  time  prescribed  by  the  homestead  laws 
will  not  thereafter  be  required  to  continue  such  residence  and  culti- 
vation, and  they  may  make  final  proof  of  reclamation  at  any  time 
when  they  can  also  make  proof  of  the  necessary  residence,  cultiva- 
tion, and  improvement  for  five  years,  but  no  final  certificate  or 
patent    will    issue    until    all   fees,    commissions,    and    construction 
charges,  including  operation  and  maintenance  charges  due  at  the 
time  of  payment,  have  been  paid  in  full.     The  entire  building  charge 
and  such  installments  of  the  operation  and  maintenance  charges  as 
are  then  due  may  be  paid  at  any  time  after  the  entry  has  been 
conformed  to  a  farm  unit,  and  prior  to  the  time  on  which  they 
Otherwise  fall  due  under  the  terms  of  the  public  notice. 


489 

43.  Soldiers    and    sailors    of    the    war    of   the    rebellion,    the 
Spanish-American  AVar,  or  the  Philippine  insurrection,  and  their 
widows  and  minor  orphan  children  who  are  entitled  to  claim  credit 
for  the  period  of  the  soldier's  service  under  the  homestead  laws, 
will  be  allowed  to  claim  credit  in  connection  with  entries  made 
under  the  Reclamation  Act,  but  will  not  be  entitled  to  receive  final 
certificate  of  patent  until  all  the  water-right  charges  have  been  paid 
in  full  and  the  requirements  as  to  reclamation  have  been  met. 

44.  Upon  the  tendering  to  Registers  and  Receivers  of  home- 
stead proofs  in  entries  subject  to  the  Reclamation  Act,  they  will 
accept  only  the  testimony  fees  for  "reducing  testimony  to  writing 
and  examining  and  approving  testimony,"  and  will  not  accept  final 
commissions  payable  under  such  entries  until  proof  is  submitted 
showing  full  compliance  with  all  requirements  of  the  Act  of  June 
17,  1902,  including  the  payment  of  all  reclamation  charges. 

45.  On  September  9,  1910,  the  Acting  Secretary  of  the  Interior 
approved  a  form  of  water-right  certificate  to  be  signed  by  the  Com- 
missioner of  the  General  Land  Office  and  given  to  water-right  appli- 
cants upon  submission  of  satisfactory  proof  of  full  compliance  with 
the  requirements  of  the  Reclamation  Act,  and  two  forms  of  final  affi- 
davit, corroborated,  to  be  submitted,  the  first  by  the  owner  of  pri- 
vate land  reclaimed  under  the  Act  of  June  17,  1902  (32  Stat.,  388), 
and  the  second  by  the  homestead  entrymen  under  the  provisions  of 
said  Act  (38  L.  D.,  197).     These  forms  have  been  printed  as  forms 
4-193,  4-068,  and  4-073,  respectively,  and  a  supply  of  the  last  two 
forms  has  been  furnished  Registers  and  Receivers,  who  will  require 
all  water  users  desiring  to  make  final  proof  of  compliance  with  the 
requirements  of  the  Reclamation  Act  as  to  reclamation  of  one-half 
of  the  irrigable  lands  in  their  entries  or  water  rights  and  the  pay- 
ment of  the  estimated  building  charges  and  assessed  operation  and 
maintenance  charges,  to  submit  affidavit,  duly  corroborated  by  two 
witnesses,  on  the  appropriate  form. 

46.  To  establish  compliance  with  the  clause  of  the  Reclamation 
Act  that  requires  reclamation  of  at  least  one-half  of  the  irrigable 
area  of  an  entry  made  subject  to  the  provisions  of  the  act,  entry- 
men  will  be  required  to  make  proof  showing  that  the  land  has  been 
cleared  of  sagebrush  or  other  incumbrance  and  leveled,  that  suffi- 
cient laterals  have  been  constructed  to  provide  for  the  irrigation 
of  the  required  area,  that  the  land  has  been  put  in  proper  con- 
dition and  has  been  watered  and  cultivated,  and  that  the  growth  of 
at  least  one  satisfactory  crop  has  been  secured  thereon,  but  the 
securing  of  an  actual  and  satisfactory  growth  of  orchard  trees  shall 
likewise  be  regarded  as  satisfactory  reclamation.     When  proof  of 
reclamation  of  one-half  the  irrigable  area  is  made  in  advance  of  full 
payment  of  the  charges,  evidence  of  satisfactory  proof  thereof  will 

1  be  issued  by  the  General  Land  Office. 

47.  Upon  the  filing  of  affidavit  on  form  4-068  or  4-073  as  proof 
of  compliance  with  the  requirements  of  the  Reclamation  Act  the 
Register  and  Receiver  will  forward  copy  thereof  to  the  engineer  in 
charge  of  the  project,  who  will  make  prompt  report  thereon.  Upon 
receipt  of  such  report  in  case  of  homestead  entries  upon  which  final 
proof  has  been  accepted  by  this  office,  the  Register  and  Receiver 
will  '  sue  final  certificate  of  compliance  with  the  homestead  laws 
and  forward  the  same  with  the  affidavit  and  engineer's  report  to 


490 

this  office  with  such  recommendations  as  they  deem  proper.  When- 
such  affidavit  appears  sufficient,  and  the  case  is  otherwise  regular, 
final  water-right  certificate  (Form  4-193)  will  issue  and  the  case 
will  be  approved  for  patent.  In  the  case  of  water-right  contracts 
for  lands  in  private  ownership,  final  water-right  certificate  will  be 
issued  by  this  office  where  the  final  affidavit  is  found  to  be  sufficient, 
and  the  certificate  so  issued  will  constitute  full  evidence  of  the 
water  user's  right  to  the  use  of  water  appurtenant  to  the  lands 
covered  by  his  contract. 

EEPOETS  ON  FINAL  PEOOF  NOTICES. 

48.  Registers  and  Receivers  are  directed  to  furnish  chiefs  of 
field  divisions  with  copies  of  notices  of  application  to  make  proof, 
noting  on  each  application  the -particular  project  wherein  the  land 
lies.     When  the  notice  involves  any  lands  withdrawn  under  the 
first  form  withdrawal  authorized  by  the  Reclamation  Act,  they  will 
indorse  on  the  back  of  the  notice  mailed  to  the  chief  of  field  division : 
"For  report  by  indorsement  hereon  as  to  whether  the  described 
lands,  or  any  of  them,  are  needed  for  construction  purposes."    In 
all  cases  as  soon  as  such  notice  is  received  by  the  chief  of  field 
division,  he  will  refer  the  same  to  the  project  engineer,  who  will 
make  report  by  indorsement  on  the  notice  as  to  whether  the  lands 
are  needed  for  construction  purposes  and  as  to  any  other  matters  as 
he  may  be  instructed  to  report  on  by  special  instructions.     This 
notice  should  be  returned  by  the   engineer  to  the   chief  of  field 
division  in  sufficient  time  to  enable  that  officer  to  return  the  same 
to  the  local  land  officers  prior  to  the  date  fixed  for  proof. 

49.  If  the  lands  covered  by  the  final  proof  notice  were  entered 
prior  to  withdrawal  for  reclamation  purposes,  and  the  project  engi- 
neer reports  that  they  are  not  needed  for  construction  purposes, 
final  certificate  will  be  issued  upon  submission  of  final  proof  as  on 
entries  not  subject  to  the  Reclamation  Act.     In  all  cases  where  the 
lands  are  entered  prior  to  reclamation  withdrawal  and  the  project 
engineer  reports  that  they  are  needed  for  construction  purposes, 
and  in  all  cases  where  the  entry  was  made  after  withdrawal  of  the 
lands  for  reclamation  purposes,  whether  or  not  they  are  needed  for 
construction  purposes,  the  Register  and  Receiver  will  forward  the 
proof,  if  found  to  be  regular,  to  the  General  Land  Office  without 
issuance  of  final  certificate. 

50.  If  any  final  proof  offered  under  this  Act  be  irregular  or 
insufficient,  the  Register  and  Receiver  will  reject  it  and  allow  the 
entryman  the  usual  right  of  appeal;  and  if  the  General  Land  office 
finds  any  proof  forwarded  to  be  insufficient  or  defective  in  any 
respect,  it  may  be  rejected  and  the  entryman  will  be  notified  of 
that  fact,  or  he  may  be  given  an  opportunity  to  cure  the  defect  or 
to  present  acceptable  proof 

NOTICE  TO  CONFOEM. 

51.  The   Registers   and   Receivers   are   directed   to   notify,   in 
writing,  every  person  who  makes  final  proof  on  a  homestead  entry 
which  is  subject  to  the  limitations  and  conditions  of  the  Act  of  June 
17,  1902,  embracing  land  included  in  an  approved  farm-unit  plat, 
where  the  entry  does  not  conform  to  an  established  farm  unit,  and 
conformation  notice  has  not  already  been  issued,  that  thirty  days 


491 

from  notice  is  allowed  such  entryman  to  elect  the  farm  unit  he 
desires  to  retain,  in  default  of  which  the  entry  will  be  conformed  by 
the  General  Lrnd  Office. 

ACTION  ON  PEOOFS. 

52.  Homesteaders   who   have   resided  on,   cultivated,   and  im- 
proved their  lands  for  the  time  required  by  the  homestead  laws, 
and  have  submitted  proof  which  has  been  found  satisfactory  there- 
under by  the  General  Land  Office,  but  who  are  unable  to  furnish 
proof  of  reclamation  because  water  has  not  been  furnished  to  the 
lands  or  farm  units  not  established,  will  be  excused  from  further 
residence  on  their  lands  and  will  be  given  a  notice  reciting  that 
further  residence  is  not  required,  but  that  final  certificate  and  pat- 
ent will  not  issue  until  proof  of  reclamation  of  one-half  of  the  irri- 
gable area  of  the  entry  as  finally  adjusted  and  payment  of  all 
charges  imposed  by  the  public  notice  issued  in  pursuance  of  section 
4  of  the  Reclamation  Act. 

Control  of  Sublaterals. 

53.  The  control  of  operation  of  all  sublaterals  constructed  or 
acquired  in  connection  with  projects  under  the  Reclamation  Act  is 
retained  by  the  Secretary  of  the  Interior  to  such  extent  as  may  be 
necessary  or  reasonable  to  assure  to  the  water  users  served  there- 
from the  full  use  of  the  water  to  which  they  are  entitled.     (See 
37  L.  D.,  468.) 

Water  Eights. 
WATER  EIGHTS  FOE  LANDS  IN  PRIVATE  OWNEESHIP. 

54.  Lands  which  have  been  patented  or  which  were  entered 
before  the  reclamation  withdrawal  may  obtain  the  benefit  of  the 
Reclamation  Act,  but  water-right  contracts  may  not  be  held  for 
more  than  160  acres  by  any  one  landowner,  and  such  landowner 
must  be  an  actual  bona  fide  resident  on  such  land  or  occupant 
thereof  residing  in  the  neighborhood.     The  Secretary  of  the  Interior 
has  fixed  the  limit  of  residence  in  the  neighborhood  at  a  maximum 
of  50  miles.     This  limit  of  distance  may  be  varied,  depending  on 
local  conditions.    A  landowner  may,  however,  be  the  purchaser  of 
the  use  of  water  for  more  than  one  tract  in  the  prescribed  neigh- 
borhood at  one  time,  provided  that  the  aggregate  area  of  all  the 
tracts  involved  does  not  exceed  the  maximum  limit  established  by 
the  Secretary  of  the  Interior  nor  the  limit  of  160  acres  fixed  by  the 
Reclamation  Act;  and  a  landowner  who  has  made  contract  for  the 
use  of  water  in  connection  with  160  acres  of  irrigable  land  and  sold 
the  same  together  with  the  water  right,  can  make  other  and  succes- 
sive contracts  for  other  irrigable  lands  owned  or  acquired  by  him. 
Holders  of  more  than  160  acres  of  irrigable  land  within  a  reclama- 
tion project  must  sell  or  dispose  of  all  in  excess  of  that  area  before 
they  can  receive  water.     If  the  holder  of  a  greater  area  desires,  he 
can  subscribe  for  stock  in  the  local  water  users'  association   (if 
there  be  one)  for  his  entire  holding,  executing  a  trust  deed,  giving 
the  association  power  to  ultimately  sell  the  excess  area  to  actual 
settlers  who   are   qualified  to  comply  with  the  Reclamation  Act, 
unless  the  land  has  been  sold  by  the  owner  when  the  Government 
is  ready  to  furnish  water  thereon. 


492 

55.  The  purpose  of  the  Reclamation  Act  is  to  secure  the  reclama- 
tion of  arid  or  semiarid  lands  and  to  render  them  productive,  and 
section  8  declares  that  the  right  to  the  use  of  water  acquired  under 
this  Act  shall  be  appurtenant  to  the  land  irrigated  and  that  "bene- 
ficial use  shall  be  the  basis,  the  measure,  and  the  limit  of  the  right." 
There  can  be  no  beneficial  use  of  water  for  irrigation  until  it  is 
actually  applied  to  reclamation  of  the  land.     The  final  and  only 
conclusive  test  of  reclamation  is  production.     This  does  not  neces- 
sarily mean  the  maturing  of  a  crop,  but  does  mean  the  securing  of 
actual  growth  of  a  crop.     The  requirement  as  to  reclamation  im- 
posed upon  lands  under  homestead  entries  shall  therefore  be  im- 
posed likewise  upon  lands  in  private  ownership  and  land  entered 
prior  to  the  withdrawal — namely,  that  the  landowner  shall  reclaim 
at  least  one-half  of  the  total  irrigable  area  of  his  land  for  agricul- 
tural purposes,  and  no  right  to  the  use  of  water  will  permanently 
attach  until  such  reclamation  has  been  shown.     (See  37  L.  D.,  468.) 

56.  The  provisions  of  section  5  of  the  Reclamation  Act  relative 
to  cancellation  of  entries  with  forfeiture  of  rights  for  failure  to 
make  any  two  payments  when  due  evidently  states  the  rule  to 
govern  all  who  receive  water  under  any  project,  and  accordingly  a 
failure  on  the  part  of  any  water-right  applicant  to  make  any  two 
payments  when  due  shall  render  his  water-right  application  subject 
to  cancellation  with  the  forfeiture  of  all  rights  under  the  Reclama- 
tion Act  as  well  as  of  any  moneys  already  paid  to  or  for  the  use  of 
the  United  States  upon  any  water  right  sought  to  be  acquired  under 
said  Act.     (37  L.  D.,  468.) 

VESTED  WATEE  EIGHTS. 

57.  The  provision  of  section  5  of  the  Reclamation  Act  limiting 
the  area  for  which  the  use  of  water  may  be  sold  does  not  prevent 
the  recognition  of  a  vested  right  for  a  larger  area  and  protection 
of  the  same  by  allowing  the  continued  flowing  of  the  water  covered 
by  the  right  through  the  works  constructed  by  the  Government 
under  appropriate  regulations  and  charges. 

COEPOEATION  LANDS. 

58.  Under  dates   of  February  2,   1909    (37  L.   D.,   428),   and 
March  3,  1909,  the  department  held  that  under  section  5,  Act  of 
June  17,  1902,  a  corporation,  otherwise  competent,  is  entitled  to 
take  water  under  the  statute,  provided  its  home 'office  is  on  or  in 
the  neighborhood  of  the  land  for  which  it  seeks  water  service. 

59.  Further,  that  the  corporation  must  show  its  -stockholders, 
and  that  as  individuals  they  have  not  in  the  aggregate  taken  water 
rights  that,  with  that  claimed  by  the  corporation,  will  amount  to 
more  than  160  acres  or  the  maximum  limit  of  area  established  by 
the  Secretary  of  the  Interior.     Registers  and  Receivers  are  accord- 
ingly instructed  to  be  guided  by  the  rulings  of  the  department,  as 
set  forth  above,  in  their  action  on  water-right  applications  by  cor- 
porations when  presented.  • 

TOWNSITE  SUBDIVISIONS. 

60.  Where  water-right  application  has  been  made  and  accepted 
for  land  in  private  ownership,  no  new  water-right  application  by 
any  purchaser  of  part  of  the  irrigable  area  of  such  private  land  will 


493 

be  accepted  for  land  so  purchased,  if  the  same  is  subdivided  into 
lots  of  such  form  and  area  as  to  indicate  a  use  thereof  for  townsite 
rather  than  for  agricultural  or  horticultural  purposes.  In  such 
case,  no  notation  shall  be  made  of  such  transfer  on  the  original 
water-right  application,  but  water  will  be  furnished  such  land  on 
the  original  application,  and  the  water-right  charges  collected 
thereunder,  as  if  no  such  sale  or  sales  had  been  made. 

61.  Water  for  land  subdivided  into  such  form  and  areas  as  to 
indicate  a  use  thereof  for  townsite  rather  than  for  agricultural 
or  horticultural  purposes  may  be  procured  for  the  entire  acreas  so 
subdivided,  by  contract  with  the  Reclamation  Service  through  the 
proper  representatives   of  the  landowners,   as  authorized  by  the 
Secretary  of  the  Interior  under  the  Acts  of  April  16  and  June  27, 
1906  (34  Stat.,  116  and  519). 

62.  Where  separate  water-right  applications,  otherwise  valid, 
have  been  accepted  for  lands  subdivided  into  such  form  and  areas 
as  indicate  a  use  thereof  for  townsite  rather  than  for  agricultural 
and  horticultural  purposes,  such  water-right  applications  and  the 
corresponding  subscriptions  to  the  stock  of  the  water  users  asso- 
ciation may  be  surrendered  and  canceled,  and  water  supplied  to 
such  lands  under  the  provisions  of  the  said  Acts  of  April  16  and 
June  27,  1906,  upon  such  terms  and  conditions  as  will  return  to  the 
Reclamation   Service   an  amount  not   less   than  the   charges   due 
under  such  water-right-applications.     Similar  adjustment  by  can- 
cellation and  new  contract  may  be  made  where  water-right  appli- 
cation has  been  accepted  and  the  land  has  been  subsequently  sub- 
divided into  tracts  of  form  and  area  as  above. 

WATEK-EIGHT  APPLICATION. 

63.  The  department  has  adopted  three  forms  of  applications 
for  water  rights,  viz.,  Form  A  (4-021)  for  homesteaders  who  have 
made  entries  of  lands  withdrawn  under  the  second  form  of  with- 
drawal; Form  B    (4-020)   for  private  owners  of  lands  embraced 
within   said   project;   and  Form   C    (4-019)    for  Indian   allottees. 
Copies  of  these  forms  have  been  furnished  Registers  and  Receivers, 
and  they  will  be  used  in  all  applications  for  water  rights  in  any  of 
the  reclamation  projects. 

64.  Upon  notice  issued  by  the  Secretary  of  the  Interior  that 
the  Government  is  ready  to  receive  applications  for  water  right  for 
described  lands  under  a  particular  project,  all  persons  who  have 
made  entries  of  lands  under  the  provisions  of  the  Act  of  June  17, 
1902  (32  Stat.,  388),  will  be  required  to  file  application  for  water 
rights  on  Form  A  for  the  number  of  acres  of  irrigable  land  in  the 
farm  unit  entered,  as  shown  by  the  plats  of  farm  units  approved 
by  the  Secretary  of  the  Interior. 

65.  Upon  the  issuance  of  such  notice  private  landowners  and 
entrymen  whose  entries  were  made  prior  to  withdrawal  may,  in  like 
manner,  apply  on  forms  B  or  C  for  water  rights  for  tracts  not  con- 
taining more  than  160  acres  of  irrigable  land,  according  to  the 
approved  plats,  unless  a  smaller  limit  has  been  fixed  as  to  lands 
in  private  ownership  by  the  Secretary  of  the  Interior. 

66.  Each  application  on  Form  B  or  Form  C  must  contain  a 
statement  as  to  the  distance  of  the  applicant's  residence  from  the 
land  for  which  a  water  right  is  desired. 


494 

67.  If  a  greater  distance  than  that  fixed  for  the  project  is 
shown  in  any  application,  the  ^ase  should  be  reported  to  the  Com- 
missioner of  the  General  Land  Office  for  special  consideration  upon 
the  facts  shown.     If  the  applicant  is  an  actual  bona  fide  resident 
on  the  land  for  which  wrater-right  application  is  made,  the  clause 
in  parentheses  of  Form  B  or  Form  C,  regarding  residence  else- 
where, must  be  stricken  out. 

68.  The  applicant  on  Form  B  or  Form  C  must  state  accurately 
the  nature  of  his  interest  in  the  land.     If  this  interest  is  such  that 
it  can  not  ripen  into  a  fee-simple  title  at  or  before  the  time  when 
the  last  annual  installment  for  water  right  is  due,  the  Register  and 
Receiver  must  reject  the  application. 

69.  Form  B  (4-020)  is  intended  for  use  by  owners  of  private 
land  and  entrymen  whose  entries  were  made  prior  to  the  with- 
drawal of  the  land  within  reclamation  projects  in  entering  into 
contracts  with  the  United  States  for  the  purchase  of  a  water  right, 
and  must  be  signed  and  sealed  in   duplicate   and   acknowledged 
before  a  duly  authorized  officer  in  the  manner  provided  by  local 
law.    A  space  is  provided  on  the  blank  for  evidence  of  the  acknowl- 
edgment, which  should  be  in  exact  conformity  to  that  required  by 
the  statutes  of  the  State  in  which  the  lands  covered  by  the  contract 
lie  for  the  execution  of  mortgages  or  deeds  of  trust.     When  so 
executed  both  originals  must  be  filed  in  the  local  land  office  together 
with  three  complete  copies,  either  in  person  or  by  mail.     If  the 
application  is  regular  and  sufficient  in  all  respects,  duly  approved 
by  the  project  engineer,  and  bears  the  certificate  of  the  secretary 
of  the  local  water  users'  association,  if  there  be  one,  and  is  accom- 
panied by  the  proper  payments  required  by  the  provisions  of  the 
public   notices   issued    in    connection   with   the    local   reclamation 
project,  the  Register  will  accept  the  same  by  filling  out  the  blank 
provided  at  the  bottom  of  the  third  page  and  attach  his  signature 
and  seal  by  placing  a  scroll  around  the  word  "Seal." 

70.  Attention  is  especially  called  to  sections  3743  and  3747, 
inclusive,  of  the  Revised  Statutes,  relative  to  the  deposit  and  execu- 
tion of  public  contracts.     The  Register  will  immediately  after  execu- 
tion of  the  contract  execute  the  oath  of  disinterestedness  required 
by  section  3745,  Revised  Statutes,  before  a  duly  authorized  officer 
on  the  blank  form  provided  on  the  last  page  of  the  water-right 
contract. 

No  funds  are  available  for  the  payment  by  the  Government  of 
any  fees  in  connection  with  this  oath,  and  the  Register  should  there- 
fore take  such  oath  before  the  Receiver  of  public  moneys,  who  is 
precluded  by  section  2246,  Revised  Statutes,  from  charging  or 
receiving  directly  or  indirectly  any  compensation  for  the  adminis- 
tering of  such  oath.  In  the  event  that  it  becomes  necessary  to  take 
this  oath  before  any  other  authorized  officer,  the  fee  due  such  officer 
must  be  paid  to  him  by  the  water-right  applicant,  and  Registers  are 
authorized  to  refuse  to  accept  the  water-right  application  on  failure 
of  the  applicant  to  make  such  payment. 

71.  Section  3744,  Revised   Statutes,  makes  it  the  duty  of  a 
public  officer  executing  a  contract  on  behalf  of  the  United  States  to 
file  a  copy  of  the  same  in  the  returns  office  of  this  department  as 
soon  as  possible  and  within  thirty  days  after  the  making  of  the 
contract,  and  Registers  will  therefore  forward  to  that  office  one  of 


495 

the  original  copies  of  each  contract  as  soon  as  possible  after  the 
execution  of  the  same.  The  provision  of  said  section  requiring  that 
all  papers  in  relation  to  each  contract  shall  be  attached  together  by 
a  ribbon  and  seal,  and  marked  by  numbers  in  regular  order,  accord- 
ing to  the  number  of  papers  composing  the  whole  return,  does  not 
apply  to  the  contracts  for  the  purchase  of  water  rights,  because  of 
the  fact  that  only  one  paper  is  used. 

72.  As  stated  in  the  instructions  for  the  execution  of  the  blank 
upon  the  third  page  thereof,  the  contract  must  be  duly  recorded  in 
the  records  of  the  county  in  which  the  lands  are  situated,  and  there- 
fore immediately  upon  execution  of  the  contract  the  second  original 
copy  will  be  returned  to  the  applicant,  and  he  will  be  required  to 
have  the  contract  duly  recorded  by  the  proper  recording  officer,  at 
his  own  expense,  and  return  the  contract  to  the  local  land  office 
within  thirty  days,  in  default  of  which  the  Register  and  Receiver 
will  make  report  to  the  General  Land  Office  and  the  contract  will 
be  canceled  without  further  notice  for  failure  to  comply  with  the 
regulations. 

73.  Upon  return  of  the  original  copy  of  the  contract  to  the 
local  land  office  bearing  certificate  at  the  bottom  of  the  last  page, 
executed  by  the  recording  officer  showing  the  recordation  of  the 
instrument,  the  Register  will  fill  out  the  same  blank  on  the  three 
copies  held  in  his  office,  signing  the  name  of  the  recording  officer 
with  the  word  "signed"  in  parentheses,  preceding  such  name.    The 
second  original  copy,  when  thus  completed,  is  to  be  forwarded  to 
the  Auditor  of  the  Treasury  Department  for  the  Interior  Depart- 
ment, and  one  of  the  other  copies  will  be  forwarded  to  the  applicant, 
one  to  the  project  engineer  and  the  last  copy  must  be  forwarded  to 
this  office  with  the  regular  monthly  returns. 

74.  No  new  forms  of  water-right  application  carrying  assign- 
ments of  credit  (4-020a  and  4-021a)  have  been  prepared,  and  the 
use  of  the  old  forms  bearing  these  numbers  has  been  abandoned, 
and  where  application  is  filed  by  an  assignee  either  of  an  entryman 
under  the  Reclamation  Act  or  a  private  landowner,  the  new  forms 
4-020  or  4-021  should  be  used,  and  at  the  bottom  of  the  last  page, 
without  the  use  of  any  additional  papers,  the  prior  applicant  should 
execute  the  following  form,  either  written  in  ink  or  typewritten : 

I, ,  for  value  received,  hereby  sell  and  assign  to all  my 

right,  title  and  interest  in  and  to  any  credits  heretofore  paid  on  water-right 

application  No.  for  the  above-described  land,  together  with  all  interests 

possessed  by  me  under  said  application. 


Assignor. 


Witness. 


75.  Action  on  cases  bearing  such  assignment  will  be  the  same 
as  on  other  cases,  except  that  the  assignment  must  be  permissible 
under  the  provisions  of  existing  public  notices  and  departmental 
regulations. 

76.  In  order  to  avoid  discrepancies  in  areas  and  resulting  pay- 
ments and  the  acceptance  of  applications  for  tracts  not  designated 
as  lands  for  which  water  can  be  furnished,  the  following  instruc- 
tions are  issued : 

I.    When  practicable,  all  applications  for  water  rights,  both  by 


496 

homesteaders  who  have  made  entries  of  lands  withdrawn  and  by 
private  owners  of  lands  embraced  within  a  reclamation  project, 
should  be  submitted  by  the  applicants  to  the  project  engineer' 
United  States  Reclamation  Service,  for  his  examination  and  ap- 
proval, before  the  applications  are  filed  in  the  local  land  offices. 
In  such  cases  the  project  engineers  will  indorse  their  approval 
upon  the  application  forms  if  found  correct,  or  point  out  defects 
and  suggest  corrections  if  any  are  required. 

II.  "Where,  because  of  lack  of  time,  distance,  or  necessity  of  sub- 
mitting the   water-right   applications   with   applications    to   make 
original  homestead  entries,  etc.,  it  is  not  practicable  to  have  the 
w*ater-right   applications   examined   and   approved   by   the  project 
engineer  prior  to  the  filing  in  the  local  land  office,  the  water-right 
applications  must  be  filled  out  and  filed  in  the  local  land  office 
accompanied  by  an  extra  copy.     Registers  and  Receivers  will  sus- 
pend action  in  such  cases  and  daily  forward  to  the  proper  project 
engineer  one  copy   of  each  of  such  water-right   applications   for 
examination  and  return  by  the  engineer  within  fifteen  days,  ap- 
proved by  him,  or  with  defects  indicated  and  corrections  suggested 
if  not  in  form  for  approval.    In  the  latter  case  the  applicant  should 
be  promptly  advised  and  allowed  thirty  days  to  make  the  necessary 
amendments,  in  default  of  which  the  application  will  be  rejected. 

III.  The  Reclamation  Service  will  advise  its  project  engineers 
that  their  approval  will  be  regarded  as  certifying  to  the  correct- 
ness of  the  following  matters:     (a)  That  the  land  described  is  sub- 
ject to  water-right  application  under  the  project;    (b)    that  the 
irrigable  acreage  shown  is  correct  in  accordance  with  the  public 
notices,  the  official  plats,  and  instructions  approved  by  the  Sec- 
retary of  the  Interior;  (c)  that  the  number  of  acre-feet  per  annum 
to  be  furnished  is  correctly  stated;    (d)    that  the  amount  of  the 
building  charge  is  correctly  stated;  (e)  that  the  number  of  annual 
installments  is  correctly  stated.    Before  certifying  any  water-right 
application  for  private  lands  the  local  engineer  of  the  Reclama- 
tion Service  shall  see  that  it  includes  all  the  land  owned  by  the 
applicant  within  the  subdivision  in  addition  to  the  other  irrigable 
lands  owned  by  him  on  the  project  and  open  to  application  for 
a  water  right,  not  exceeding  the  limit  of  area  fixed  by  the  Reclama- 
tion Act  and  the  public  notice  in  pursuance  of  which  the  appli- 
cation is  presented. 

IV.  These  regulations  are  designed  to  aid  the  applicants  in 
presenting  water-right  applications  which  will  be  correct  in  form, 
and  which  contain  matters  essential  to  the  approval  of  their  appli- 
cations; also,     to  aid  the  Registers  and  Receivers  of  local  land 
offices  in  the  consideration  of  such  application;  and  Registers  and 
Receivers  are,  therefore,  enjoined  to  use  both  care  and  diligence 
in  enforcing  the  above  requirements. 

V.  If  the  Secretary  of  the  Interior  has  made  a  contract  with  a 
water  users'  association  organized  under  the  project,  due  notice 
thereof  will  be  given  to  the  Registers  and  Receivers,  and  applica- 
tions for  water  rights  should  not  be  accepted  in  such  cases  unless 
the  certificate  at  the  end  thereof  has  been  duly  executed  by  the 
said  association. 

77.     The  following  rules  are  laid  down  with  reference  to  water- 


497 

right  applications  for  land  in  private  ownership,  including  entries 
not  subject  to  the  Reclamation  Act : 

I.  Where   water-right   application  is  presented  covering  only 
part  of  the  irrigable  area  of  a  subdivision  in  private  ownership, 
not   subdivided   into   lots   and   blocks   for   towiisite   purposes,   the 
Register  and  Receiver  will  accept  it,  provided  it  bears  the  usual 
certificates    of   the   project    engineer    and   the   local   water   users' 
association   (where  such  association  has  been  formed  and  contract 
entered  into  with  the  Secretary  of  the  Interior). 

II.  In  case  of  sale  by  a  private  o\vner  of  part  of  the  irrigable 
land  covered  by  a  subsisting  water-right  application,  the  vendor, 
in  order  to  have  his  water-right  charges  adjusted  to  the  reduced 
acreage  retained  by  him,  will  be  required  to  present  the'  following 
evidence : 

a.  Certificate    of    the    proper    officer    having    charge    of    the 
county  records,  showing  record  of  a  subscription  for  stock  in  the 
local  water  users'  association  covering  the  land  in  question  and 
that  the  land  has  been  duly  conveyed  by  the  subscriber  at  a  time 
subsequent  to  the  recording  of  the  stock  subscription. 

b.  The  certificate  of  the  local  water  users'  association,  if  one 
has  been  organized  on  the  project,  under  corporate  seal,  to  the 
effect  that  proof  has  been  presented  to  the  association  of  the  trans- 
fer of  the  land  to  the  person  named  and  that  appropriate  transfer 
has  been  made  on  its  books  of  the  shares  of  stock  appurtenant  to 
said  land. 

c.  The  vendor  should  also  so  arrange  that  his  vendee  shall 
promptly  make   a  water-right  application  for  the  irrigable   land 
within  the  tract  conveyed  to  him,  and  upon  presentation  and  ac- 
ceptance of  such  application  appropriate  notation  of  such  transfer, 
with  a  reference  to  the  new  wrater-right  application,  will  be  made 
on  the  original  or  prior  water-right  application. 

III.  In  case  of  relinquishment  by  an  entryman,  whose  entry  is 
iLot  subject  to  the  Reclamation  Act,  of  a  part  of  the  land  included 
in  his  entry,  appropriate  notation  will  be  made  on  his  water-right 
application,  showing  such  relinquishment,  and  his  charges  will  be 
reduced  accordingly. 

IV.  AVhere  an  entryman  relinquishes  a  part  of  his  entry  under 
conditions  described  in  Rule  III  hereof,  and  the  next  person  who 
enters  the  land  so  relinquished  claims  credit  for  installments  paid 
by  the  first  entryman,  he  must  at  the  time  of  such  entry  file  with 
his  application  to  enter  an  assignment  in  writing  of  the  water- 
right  credits  of  the  prior  entryman;  also  a  water-right  application 
covering  the  land  entered. 

78.  In  order  that  there  may  be  no  unnecessary  delay  in  the 
obtaining  of  water  by  entrymen  and  landowners  in  reclamation 
projects,  after  they  have  filed  water-right  applications  and  made 
the  required  preliminary  payment,  the  Register  and  Receiver  are 
directed  to  issue  in  triplicate  certificates  of  water-right  applica- 
tions accepted  in  connection  with  homestead  entries  made  subject 
to  the  Reclamation  Act.  Certificate  of  filing  water-right  applica- 
tion will  not  be  issued  hereafter  in  connection  with  the  new  Form 
B  (4 — 020),  inasmuch  as  the  acceptance  of  the  contract  is  equiva- 
lent to  such  certificate.  One  copy  of  each  certificate  of  filing 


498 

•water-right  application  issued  and  of  each  water-right  contract 
for  lands  in  private  ownership  executed  will  be  forwarded  to  the 
applicant  and  one  copy  to  the  engineer  in  charge  of  the  project. 
At  the  end  of  each  month  the  Register  and  Receiver  are  to  pre- 
pare a  schedule,  Form  4 — 115b,  of  certificates  issued  upon  water- 
right  applications  accepted  during  the  month,  showing  also  con- 
tracts executed,  and  an  abstract,  Form  4 — 105b,  of  collections  of 
charges  made  during  the  month,  forwarding  the  original  in  tripli- 
cate .to  this  office  and  furnishing  the  Director  of  the  Reclamation 
Service  and  the  project  engineer  with  copies  of  each  monthly 
schedule  of  certificates  and  abstract  of  collections  made.  Receipts 
made  from  the  sale  of  townsite  lots  should  be  reported  separately 
on  Form  4 — 105  for  payment  into  the  reclamation  fund  as  original 
receipts  on  account  thereof. 

79.  The  copies  of  certificates  of  water-right  applications  and 
contracts  must  be  forwarded,  on  the  day  issued,  to  the  engineer 
in  charge  of  the  reclamation  project  wherein  the  lands  are  sit- 
uated, and  the  monthly  abstract  of  collections  must  be  prepared 
and   copy  forwarded  to  him  immediately  after   the   close   of  the 
month  during  which  the  collections  were  made. 

80.  As   above   indicated,   prompt    action   is   essential   in   these 
matters  in  order  that  the  applicants  who  are  entitled  to  water  may 
receive  same  at  the  earliest  possible  moment ;  and  any  dereliction 
in  furnishing  the  copies  of  certificates  and  abstracts  above  indi- 
cated will  be  considered  a  failure  of  satisfactory  performance  of 
duty. 

WATER-RIGHT  CHARGES. 

81.  The  Secretary  of  the  Interior  will  at  the  proper  time,  as 
provided  in  section  4  of  the  Reclamation  Act,  fix  and  announce  the 
area  of  lands  which  may  be  embraced  in  any  entry  thereafter  made 
or  which  may  be  retained  in  any  entry  theretofore  made  under 
the  Reclamation  Act;  the  amount  of  water  to  be  furnished  per 
annum  per  acre  of  irrigable  land  and  the  charges  which  shall  be 
made  per  acre  for  the  irrigable  lands  embraced  in  such  entries  and 
lands  in    private  ownership,  for  the  estimated  cost  of  building  the 
works  and  for  operation  and  maintenance,  and  prescribe  the  num- 
ber and  amount  and  the  dates  of  payment  of  the  annual  installment 
thereof. 

82.  Under  the  Act  of  February  13,  1911   (36  Stats.,  902)  the 
Secretary  is  authorized  in  his  discretion  to  withdraw  any  public 
notice  issued  prior  to  the  passage  of  the  Act. 

83.  If  any  entry  subject  to  the  Reclamation  Act  of  June  17, 
1902   (32  Stat.,  388)   is  canceled  or  relinquished,  the  payment  for 
water-right  charges  already  made  and  not  assigned  in  writing  to  a 
prospective  or  succeeding  entryman  under  the  provisions  of  para- 
graph 85  hereof  are  forfeited.     All  water-right  charges  which  re- 
main unpaid  are  canceled  by  the  relinquishment  or  cancellation  of 
the  entry,  except  as  provided  by  the  specific  provisions  of  public 
notices  applicable  to  particular  projects. 

84.  Any  person  who  thereafter  enters  the  same  land  must,  in 
the  absence  of  an  assignment  in  writing  or  public  notice  to  the 
contrary,  pay  the  water-right  charges  as  if  the  land  had  never  been 
previously  entered.    No  credit  will  be  allowed  in  such  cases  for  the 


499 

payment  made  by  the  prior  entry  man,  and  the  new  entryman  must 
pay  at  the  time  of  filing  his  homestead  application  and  water-right 
application,  such  charges  for  building  and  operation  and  main- 
tenance as  are  required  by  the  public  notice  in  force  at  the  time 
on  the  particular  project. 

85.  A  person  who  has  entered  lands  under  the  Reclamation 
Act,  and  against  whose  entry  there  is  no  pending  charge  of  non- 
compliance  with  the  law  or  regulations,  or  whose  entry  is  not  sub- 
ject to  cancellation  under  this  Act,  may  relinquish  his  entry  to  the 
United  States  and  assign  to  a  prospective  or  succeeding  entryman 
any  credit  he  may  have  for  payments  already  made  under  this  Act 
on  account  of  said  entry,  and  the  party  taking  such  assignment 
may,  upon  making  proper  entry  of  the  land  and  proving  the  good 
faith  of  the  prior  entryman  to  the  satisfaction  of  the  Commissioner 
of  the  General  Land  Office,  receive  full  credit  for  all  payments 
thus  assigned  to  him,  but  must  otherwise  comply  in  every  respect 
with  the  homestead  lawr  and  the  Reclamation  Act. 

86.  The   transfer   of   lands   in   private   ownership    covered  by 
water-right  contract  before  cancellation  of  the  contract  carries  with 
it  the  burden  of  water-right  charges  and  credit  for  the  payments 
made  by  the  prior  owner.     (See  Dept.  decision  Mar.  20,  1911,  in 
case  of  Fleming  McLean  and  Thomas  Dolf,  39  L.  D.,  580.) 

87.  All   charges   due   for   operation    and   maintenance   of   the 
irrigation  system  for  all  the  irrigable  land  included  in  any  water- 
right  application  must  be  paid  on  or  before  April  1  of  each  year, 
except  where  a  different  date  is  specified  in  the  orders  relating  to 
the  particular  project,  and  in  default  of  such  payment  no  water 
will  be  furnished  for  the  irrigation  of  such  lands. 

EEGULATIONS  AS  TO  THE  COLLECTION  OF  RECLAMATION  WATER- 
EIGHT  CHARGES  BY  RECEIVERS  OF  PUBLIC  MONEYS. 

88.  In   accordance   with   the   provisions   of   section   5   of   the 
Reclamation  Act,  all  payments  of  the  annual  installments  of  rec- 
lamation water-right  charges,  including  the  portions  for  building 
charges   and   operation   and   maintenance   changes   on   reclamation 
\vater-right  applications,  shall  be  made  to  the  Receivers  of  public 
moneys  of  the  respective  local  land  districts,  but,  for  the  conven- 
ience of  the  water-right  applicants,  the  charges  provided  may  be 
tendered  to  and  received  by  the  designated  special  fiscal  agents 
for  the  several  irrigation  projects  for  transmission  by  them  to  the 
proper  Receivers  of  public  moneys.    The  acceptance  of  these  water- 
right  charges  by  the  fiscal  agents  of  the  Reclamation  Service  can 
not  be  held  to  be  a  payment  to  the  United  States  in  accordance 
with  the  requirements  of  section  5  of  the  Reclamation  Act  until 
the  moneys  are  actually  in  the  hands  of  the  proper  Receivers  of 
Public  moneys.    The  permission  granted  above  is  only  for  the  con- 
venience of  water-right  applicants,  but  care  will  be  taken  to  prop- 
erly safeguard  the  handling  of  such  funds  until  their  receipt  by 
the   respective   Receivers   of  public   moneys.     Notice   of   overdue 
water-right  charges  will  be  sent  to  water  users  by  the  Registers 
and  Receivers  whenever  directed  by  the  General  Land  Office  and  a 
press  copy  of  every  such  notice  must  be  sent  to  the  project  engineer 
in  charge  of  the  project  on  the  same  day  without  waiting  for  the, 
end  of  the  mouth. 


500 

89.  "Where  payment  is  tendered  for  a  part  only  of  either  an 
annual  installment  of  water-right  building  charges  or  an  annual 
operation  and  maintenance  charge,  Receivers  may  hereafter  accept 
the  same  if  the  insufficient  tender  is, 'in  the  opinion  of  the  Receiver, 
caused  by  misunderstanding  as  to  the  amount  due  and  approxi- 
mates the  same. 

90.  In  all   cases   of  insufficient  payment   accepted  in   accord- 
ance with  the  provisions  of  the  foregoing  paragraph,  receipts  must 
issue  for  the  amount  paid  and  the  money  be  deposited  to  the  credit 
of  the  "Reclamation  Fund,"  and  the  water  user  shall  be  imme- 
diately notified  by  registered  letter  that  the  payment  is  insufficient 
and  allowed  a  period  of  thirty  days  to  make  payment  of  the  bal- 
ance due  to  complete  the  charge  on  which  a  part  payment  has  been 
made.    If  the  balance  is  paid  within  this  period  additional  receipt 
must  issue  therefor,  but  if  not  paid  within  thirty  days,  report  shall 
be  made  to  the  Commissioner  of  the  General  Land  Office. 

91.  In  all  other  cases  where  insufficient  tenders  are  made  Re- 
ceivers will  issue  receipts  therefor -and  return  the  money  by  their 
official  check,  with  notice  to  the  water  user  as  to  the  reason  for  its 
return  and  properly  report  the  transaction  in  their  accounts. 

92.  When  full  payment  is  tendered  direct  to  the  Receiver  of 
public  moneys,  and  upon  examination  is  found  to  be  correct,  the 
Receiver  will  issue  the  usual  receipt,  and  send  a  press  copy  to  the 
project  engineer  on  the  day  issued. 

93.  Where  payment  is  tendered  through  special  fiscal  agents 
of  the  Reclamation  Service,  and,  upon  examination,  the  amounts 
so  transmitted  by  the  special  fiscal  agent  are  found  to  be  correct, 
the  Receiver  will  then  issue  the  usual  receipt  and  transmit  the 
same  to  the  water-right  applicant  at  his  record  post-office  address. 
The  Receiver  will  receipt  to  such  special  fiscal  agent  upon  one 
copy  (and  retain  the  other  copy)  of  the  "Abstract  of  receipts  of 
reclamation  water-right  charges    (R.  S.,  Form  7 — 406)"  received 
from  the  special  fiscal  agent  at  the  end  of  each  month.    See  section 
8  of  instructions  of  May  27,  1908,  to  special  fiscal  agents,  by  the 
United  States  Reclamation  Service. 

94.  Attention  is  invited  to  paragraph  4  of  "Circular  of  in- 
structions to  special  fiscal  agents  by  the  United  States  Reclama- 
tion Service,"  dated  May  27,  1908,  and  in  accordance  therewith 
Receivers  of  public  moneys  will  require  payment  direct  to  them- 
selves  in   all   matters    involving   tenders    for    fees    on   homestead 
entries;  tenders  for  first  installments  on  water-right  applications, 
including  both  the  portion  for  building  and  the  portion  for  opera- 
tion, and  maintenance  charges  where  the  public  notices  require  the 
first  installment  to  be  paid  at  the  time  of  filing  homestead  entries, 
and  tenders  upon  wrater-right  applications  where  a  notice  of  con- 
test against  the  entry  upon  which  the  water-right  application  rests, 
has  been  reported  by  the  Register  of  the  land  office.     In  all  such 
cases  payments  must  be  made  direct  to  the   Receiver  of  public 
moneys. 

95.  All  moneys  collected  in  connection  with  water-right  appli- 
cations, both  those  received  direct  from  water-right  applicants  and 
through  special  fiscal  agents,  must  be  deposited  in  Receivers'  desig- 
nated depositories  to  the  credit  of  the  Treasurer  of  the  United 
States  "on  account  of  reclamation  fund,  water-right  charges  " 


501 

96.  By  section  5  of  the  Act  of  June  27,  1906  (34  Stat,  519), 
it  is  provided  that  any  desert-land  entryman  who  has  been  or  may 
be  directly  or  indirectly  hindered  or  prevented  from  making  im- 
provements on  or  from  reclaiming  the  lands  embraced  in  his  entry, 
by  reason  of  the  fact  that  such  lands  have  been  embraced  within 
the  exterior  limits  of  any  withdrawal  under  the  Reclamation  Act 
of  June  17,  1902,  will  be  excused  during  the  continuance  of  such 
hindrance  from  complying  with  the  provisions  of  the  desert-land 
laws. 

97.  This  Act  applies  only  to  persons  who  have  been,  directly 
or  indirectly,  delayed  or  prevented,  by  the  creation  of  any  reclama- 
tion project  or  by  any  withdrawal  of  public  lands  under  the  Rec- 
lamation Act,  from  improving  or  reclaiming  the  lands  covered  by 
their  entries. 

98.  No  entryman  will  be  excused  under  this  Act  from  a  com- 
pliance with  all  of  the  requirements  of  the  desert-land  law  until 
he  has  filed  in  the  local  land  office  for  the  district  in  which  his 
lands  are  situated  an  affidavit  showing  in  detail  all  of  the  facts 
upon  which  he  claims  the  right  to  be  excused.    This  affidavit  must 
show  when  the  hindrance  began,  the  nature,  character,  and  extent 
of  the  same,  and  it  must  be  corroborated  by  two  disinterested  per- 
sons, who  can  testify  from  their  own  personal  knowledge. 

99.  The  Register  and  Receiver  will  at  once  forward  the  appli- 
cation to  the  engineer  in  charge  of  the  reclamation  project  under 
which  the  lands  involved  are  located  and  request  a  report  and 
recommendation    thereon.     Upon   the   receipt    of   this   report    the 
Register  and  Receiver  will  forward  it,  together  with  the  appli- 
cant's affidavit   and  their  recommendation,  to  the  General  Land 
Office,    where    it    will   receive    appropriate    consideration    and    be 
allowed  or  denied,  as  the  circumstances  may  justify. 

100.  Inasmuch  as  entrymen  are  allowed  one  year  after  entry 
in  which  to  submit  the  first  annual  proof  of  expenditures  for  the 
purpose  of  improving  and  reclaiming  the  land  entered  by  them,  the 
privileges  of  this  Act  are  not  necessary  in  connection  with  annual 
proofs  until  the  expiration  of  the  years  in  which  such  proofs  are 
due.    Therefore,  if  at  the  time  that  annual  proof  is  due  it  can  not 
be  made,  on  account  of  hindrance  or  delay  occasioned  by  a  with- 
drawal of  the  land  for  the  purpose  indicated  in  the  Act,  the  appli- 
cant will  file  his  affidavit  explaining  the  delay.     As  a  rule,  how- 
ever, annual  proofs  may  be  made,  notwithstanding  the  withdrawal 
of  the  land,  because  expenditures  for  various  kinds  of  improve- 
ments are  allowed  as  satisfactory  annual  proofs.     Therefore   an 
extension  of  time  for  making  annual  proof  will  not  be  granted  un- 
less it  is  made  clearly  to  appear  that  the  entryman  has  been  delayed 
or  prevented  by  the  withdrawal  from  making  the  required  improve- 
ments ;  and,  unless  he  has  been  so  hindered  or  prevented  from  mak- 
ing the  required  improvements,  no  application  for  extension  of  time 
for  making  final  proof  will  be  granted  until  after  all  the  yearly 
proofs  have  been  made. 

101.  An  entryman  will  not  need  to  invoke  the  privileges  of  this 
Act  in  connection  with  final  proof  until  such  final  proof  is  due, 
and  if  at  that  time  he  is  unable  to  make  the  final  proof  of  reclama- 
tion and  cultivation,  as  required  by  law.  and  such  inability  is  due, 
directly  or  indirectly,  to  the  withdrawal  of  the  laud  on  account  of 


502 

a  reclamation  project,  the  affidavit  explaining  the  hindrance  and 
delay  should  be  filed  in  order  that  the  entryman  may  be  excused 
for  such  failure. 

102.  "When  the  time  for  submitting  final  proof  has  arrived,  and 
the  entryman  is  unable,  by  reason  of  the  withdrawal  of  the  land, 
to  make  such  proof,  upon  proper  showing,  as  indicated  herein,  he 
will  be  excused,  and  the  time  during  which  it  is  shown  that  he  has 
been  hindered  or  delayed  on  account  of  the  withdrawal  of  the  land 
will  not  be  computed  in  determining  the  time  within  which  final 
proof  must  be  made. 

103.  If  after  investigation  the  irrigation  project  has  been  or 
may  be  abandoned  by  the  Government,  the  time  for  compliance 
with  the  law  by  the  entryman  will  begin  to  run  from  the  date  of 
notice  of  such  abandonment  of  the  project  and  of  the  restoration 
to  the  public  domain  of  the  lands  which  had  been  withdrawn  in 
connection  with  the  project.     If,  however,  the  reclamation  project 
is  carried  to  completion  by  the  Government  and  a  water  supply 
has  been  made  available  for  the  land  embraced  in   such  desert- 
land  entry,  the  entryman  must  comply  with  all  the  provisions  of 
the  Act  of  June  17,  1902,  and  must  relinquish  all  the  land   em- 
braced in  his  entry  in  excess  of  160  acres;  and  upon  making  final 
proof  and  complying  with  the  terms  of  payment  prescribed  in  said 
Act  of  June  17,  1902,  he  shall  be  entitled  to  patent.     The  area  of 
the  entry  in  excess  of  160  acres  must  be  relinquished  to  the  United 
States  and  entrymen  will  not  be  permitted  to  assign  such  excess. 
See  departmental  decision  of  January  20,  1912  (40  L.  D.,  386). 

104.  Special  attention  is  called  to  the  fact  that  nothing  con- 
tained in  the  Act  of  June  27,  1906,  shall  be  construed  to  mean  that 
a  desert-land  entryman  who  owns  a  water  right  and  reclaims  the 
land  embraced  in  his  entry  must  accept  the  conditions  of  the  Rec- 
lamation Act  of  June  17,  1902,  but  he  may  proceed  independently 
of  the  Government 's  plan  of  irrigation  and  acquire  title  to  the  land 
embraced  in  his  desert-land  entry  by  means  of  his  own  system  of 
irrigation. 

105.  Desert-land    entrymen   within    exterior   boundaries    of   a 
reclamation  project  who  expect  to  secure  water  from  the  Govern- 
ment must  relinquish  to  the  Government  all  of  the  lands  embraced 
in  their  entries  in  excess  of  160  acres  whenever  they  are  required 
to  do  so  through  the  local  land  office,  and  must  reclaim  one-half 
cf  the  irrigable  area  covered  by  their  water  right  in  the  same  man- 
ner as  private  owners  of  land  irrigated  under  a  reclamation  project. 

Townsites  in  Reclamation  Projects. 

106.  "Withdrawal,  Survey,  Appraisement,  and  Sale. — Townsites 
in  connection  with  irrigation  projects  may  be  withdrawn  and  re- 
served by  the  Secretary  of  the  Interior  under  the  Acts  approved 
April  16  and  June  27/1906   (34  Stat.,  116,  sees.  1,  2,  and  3;  and 
519,  sec.  4,  respectively),  and  thereafter  will  be  surveyed  into  town 
lots  with  appropriate  reservations  for  public  purposes,   and  will 
be  appraised  and  sold  from  time  to  time  in  accordance  with  special 
regulations   provided   under   section   2381,   United   States   Revised 
Statutes,  governing  reclamation  townsites. 

107.  Survey  and  Appraisal. — Townsites  under  any  law  direct- 


503 

ing  their  disposition  under  section  2381,  will  be  surveyed,  when 
ordered  by  the  department,  under  the  supervision  of  this  office, 
into  urban,  or  urban  and  suburban,  lots  and  blocks,  and  thereafter 
the  lots  and  blocks  will  be  appraised  by  such  disinterested  person 
or  persons  as  may  be  appointed  by  the  Secretary  of  the  Interior. 
Each  appraiser  must  take  his  oath  of  office  and  transmit  the  same 
to  this  office  before  proceeding  with  his  work.  This  office  must  be 
notified  by  wire  of  the  time  when  such  appraiser  or  appraisers 
enter  on  duty.  They  will  examine  each  lot  to  be  appraised  and 
determine  the  fair  and  just  cash  value  thereof.  Improvements  on 
such  lots,  if  any,  must  not  be  considered  in  fixing  such  value.  Lots 
or  blocks  reserved  for  public  purposes  will  not  be  appraised. 

108.  The  schedule  of  appraisement  must  be  prepared  in  dupli- 
cate on  forms  furnished  by  this  office,  and  the  certificates  at  the 
end  thereof  must  be  signed  by  each  appraiser,  and  on  being  so  com- 
pleted they  must  be  immediately  transmitted  to  this  office,   and 
when  approved  by  the  Secretary  of  the  Interior  one  copy  will  be 
sent  to  the  local  officers. 

109.  Notices  of  sale  will  be  published  for  thirty  days  (unless  a 
shorter  time  be  fixed  in  a  special  case)  by  advertisement  in  such 
newspapers  as  the  department  may  select  and  by  posting  a  copy 
of  the  notice  in  a  conspicuous  place  in  the  Register's  office. 

110.  How  Sold. — Beginning  on  the  day  fixed  in  the  notice  and 
continuing  thereafter  from  day  to  day   (Sundays  and  legal  holi- 
days excepted)   as  long  as  may  be  necessary,  each  appraised  lot 
will  be  offered  for  sale  at  public  outcry  to  the  highest  bidder  for 
cash,  at  not  less  than  its  appraised  value. 

111.  Qualifications   and   Restrictions. — No  restriction  is   made 
as  to  the  number  of  lots  one  person  may  purchase.    Bids  and  pay- 
ments may  be  made  through  agents,  but  not  by  mail  or  at  any  time 
or  place  other  than  that  fixed  in  the  notice  of  sale. 

112.  Combinations  in  restraint  of  the  sale  are  forbidden  by  sec- 
tion 2373  of  the  Revised  Statutes  of  the  United  States,  which  reads 
as  follows : 

Every  person  who,  before  or  at  the  time  of  the  public  sale  of  any  of  the 
lands  of  the  United  States,  bargains,  contracts,  or  agrees,  or  attempts  to  bar- 
gain, contract,  or  agree  with  any  other  person,  that  the  last-named  person  shall 
not  bid  upon  or  purchase  the  land  so  offered  for  sale,  or  any  parcel  thereof,  or 
who  by  intimidation,  combination,  or  unfair  management,  hinders  or  prevents, 
or  attempts  to  hinder  or  prevent  any  person  from  bidding  upon  or  purchasing 
any  tract  of  land  so  offered  for  sale,  shall  be  fined  not  more  than  one  thousand 
dollars,  or  imprisoned  not  more  than  two  years,  or  both. 

113.  Suspension  or  postponement  of  the  sale  may  be  made  for 
the  time  being,  to  a  further  day,  or  indefinitely,  in  case  of  any  com- 
bination which  effectually  suppresses  competition  or  prevents  the 
sale  of  any  lot  at  its  reasonable  value,  or  in  case  of  any  disturbance 
which  interrupts  the  orderly  progress  of  the  sale. 

114.  Payments  and  Forfeitures. — If  any  bidder  to  whom  a  lot 
has  been  awarded  fails  to  make  the  required  payment  therefor  to 
the  Receiver,  before  the  close  of  the  office  on  the  day  the  bid  was 
accepted,  the  right  thereafter  to  make  such  payment  will  be  deemed 
forfeited,  and  the  lot  will  be  again  offered  for  sale  on  the  follow- 
ing d^y,  or  if  the  sale  has  been  closed,  then  such  lot  will  be  con- 
sidered as  offered  and  unsold,  and  all  bids  thereafter  by  the  de- 


504 

faulting   bidder   may,   in   the   discretion   of  the   local   officers,    be 
rejected. 

115.  Lots  Offered  and  Unsold. — Each  lot  offered  and  remain- 
ing unsold  at  the  close  of  the  sale  will  thereafter  be  and  remain 
subject  to  private  sale  and  entry,  for  cash,  at  the  appraised  value 
of  such  lot. 

116.  Certificates. — All  lots  purchased  at  the  same  time,  in  the 
same  manner,  in  the  same  townsite,  and  by  the  same  person  should 
be   included   in  one   certificate,   in   order   to   prevent    unnecessary 
multiplicity  of  patents.    Lots  sold  at  private  sale  should  be  accom- 
panied by  an  application  therefor,  signed  by  the  applicant.     Cer- 
tificates will  be  issued  upon  payment  of  the  purchase  price,  as  in 
other  cases. 

117.  In   all   cases  where   the   Secretary   of  the   Interior   shall 
direct  the  reappraisement  of  unsold  lots  under  the  first  section  of 
the  Act  of  June  11,  1910  (36  Stats.,  465),  the  reappraisement  will 
be  conducted  under  the  regulations  provided  for  under  the  original 
appraisement  of  lots  in  townsites  created  under  the  laws  in  said  Act 
mentioned.     The  lots  to  be  reappraised  will  not,  from  the  date  of 
the  order  therefor,  be  subject  to  disposal  until  offered  at  public 
sale  at  the  reappraised  value,  which  offering  will  be   conducted 
under  the  regulations  providing  for  the  public  sale  of  lots  in  such 
townsites.    The  lots  so  offered  at  public  sale  will  then  become  sub- 
ject to  private  sale  at  the  reappraised  price. 

118.  Whenever  the  Secretary  of  the  Interior,  in  the  exercise 
of  the  discretion  conferred  upon  him  by  section  2  of  said  Act, 
shall  order  the  payment   of  the  purchase   price   of  lots,  sold  in 
townsites  created  under  the  laws  in  said  Act  mentioned,  to  be  made 
in  annual  installments,  the  same  will  be  done  under  such  regula- 
tions as  may  be  issued  in  each  particular  instance.     Transfers  of 
lots  will  not  be  recognized,  but  entries  and  patents  must  be  issued 
in  the  name  of  the  original  purchasers. 

Fred  Dennett, 

Commissioner. 
Approved,  April  29,  1912. 
Samuel   Adams, 

First  Assistant  Secretary  of  the  Interior. 


505 

[Circular  No.  110.] 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  May  10,  1912. 

SPECIAL  INSTRUCTIONS  RELATIVE   TO  ASSIGNMENT  OF  RECLAMA- 
TION  HOMESTEAD  ENTRIES. 

Registers  and  Receivers,  United  States  Land  Offices. 

Sirs:  Your  attention  is  directed  to  the  provisions  of  departmental  circular 
approved  April  29,  1912,  relative  to  assignments  of  homestead  entries  under 
the  Act  of  June  23,  1910,  reading  as  follows: 

Under  the  provisions  of  the  Act  of  June  23,  1910  (36  Stats.,  592),  persons 
who  have  made  or  may  make  homestead  entries  subject  to  the  Reclamation  Act 
may  assign  their  entries  in  their  entirety  at  any  time  after  filing  in  this  office 
satisfactory  proof  of  residence,  improvements,  and  cultivation  for  the  five  years 
required  by  the  ordinary  provisions  of  the  homestead  law.  The  Act  also  pro- 
vides for  the  assignment  of  homestead  entries  in  part,  but  such  assignments, 
if  made  prior  to  the  establishment  of  farm  units,  must  be  made  in  strict  accord- 
ance with  the  legal  subdivisions  of  the  public  survey,  and  if  made  after  such 
units  are  established  must  conform  thereto,  except  as  hereinafter  provided. 

In  cases  where  the  entry  involves  two  or  more  farm  units,  the  entryman 
may  file  an  election  as  to  which  farm  unit  he  will  retain,  and  he  may  assign  and 
transfer  to  a  qualified  assignee  any  farm  unit  or  farm  units  entirely  embraced 
within  the  original  entry.  He  may  also  assign  parts  of  farm  units  included 
in  his  entry,  provided  the  assignee  has  an  entry  covering  or  obtains  an  assign- 
ment of  the  remainder  of  such  unit.  If  an  election  by  the  entryman  to  conform 
to  a  farm  unit  be  filed  and  no  assignment  made  of  the  remainder  of  the  entry, 
the  entry  will  be  conformed  to  the  farm  unit  selected  for  retention  and  can- 
celed as  to  the  remainder. 

Where  it  is  desired  to  assign  a  part  of  an  established  farm  unit,  an  appli- 
cation for  the  amendment  and  subdivision  of  such  unit  should  be  filed  with  the 
project  engineer,  and  the  assignment,  with  accompanying  affidavit  and  supple- 
mental water-right  application,  should  be  filed  in  the  local  land  office. 

If  a  survey  shall  be  found  necessary  to  determine  the  boundaries  of  the 
subdivision  of  any  such  farm  unit,  or  the  division  of  the  irrigable  area,  a 
deposit  equal  to  the  estimated  cost  of  such  survey  must  be  made  with  the 
special  fiscal  agent,  Reclamation  Service,  on  the  project  by  or  on  behalf  of  the 
parties  concerned.  Any  excess  over  the  actual  cost  will  be  returned  to  the 
depositor  or  depositors  after  completion  of  the  survey  and  they  will  also  be 
required  to  make  good  any  deficiency  in  their  deposit. 

When  the  plats  describing  the  amended  farm  units  are  approved  by  the 
engineer  in  charge  of  the  project  he  will  forward  a  copy  of  the  amended  plat 
to  the  local  land  office,  where  the  same  will  be  treated  as  an  official  amend- 
ment of  the  farm-unit  plat,  which  will  thereafter  be  formally  approved  in  the 
usual  manner  by  authority  of  the  Secretary. 

No  assignment  of  any  portion  of  any  farm  unit  will  be  accepted  by  the 
Commissioner  of  the  General  Land  Office  or  recognized  as  modifying  any 
approved  water-right  application  or  releasing  any  part  of  the  farm  unit  as 
originally  established  from  any  portion  of  the  charges  announced  against  it 
until  after  the  filing  in  the  local  land  office  of  evidence  of  the  qualifications 
of  the  assignee,  and  a  proper  water-right  application  with  payment  of  all 
amounts  due  upon  the  land  included  in  the  assignment. 

Assignments  under  this  Act  must  be  made  expressly  subject  to  the  limita 
tions,  charges,  terms,  and  conditions  of  the  Reclamation  Act,  and,  inasmuch, 
as  that  Act  limits  the  right  of  entry  to  one  farm  unit,  the  assignee  must 
present  a  showing  in  the  form  of  an  affidavit,  duly  corroborated,  that  he  has 
not  acquired  title  to  and  is  not  claiming  any  other  farm  unit  or  entry  under 
the  Reclamation  Act,  and  has  no  other  existing  water-right  applications  cover- 
ing an  area  of  land  which  added  to  that  taken  by  assignment  will  exceed  one 
hundred  and  sixty  acres,  or  the  maximum  limit  of  area  fixed  by  the  Secretary. 

Assignments  made  and  filed  in  accordance  with  these  regulations  must  be 
noted  on  the  local  office  record  and  at  once  forwarded  to  the  General  Land 
Office  for  immediate  consideration,  and,  if  approved,  the  assignees  in  each 
case  will  be  required  to  make  payment  of  the  water-right  charges  and  submit 
proof  of  reclamation  as  would  the  original  entryman,  and,  after  proof  of  full 
compliance  with  the  law,  may  receive  a  patent  for  the  land. 


506 

Mortgages. 

Mortgages  of  lands  embraced  in  homestead  entries  within  reclamation 
projects  may  file  in  the  local  land  office  for  the  district  within  which  the 
land  is  located  a  notice  of  such  mortgage,  and  shall  become  entitled  to  receive 
and  be  given  the  same  notice  of  any  contest  or  other  proceedings  thereafter 
had  affecting  the  land  as  is  required  to  be  given  the  entryman  in  connection 
with  such  proceeding.  Every  such  notice  of  a  mortgage  received  must  be 
forthwith  noted  upon  the  records  of  the  local  land  office  and  be  promptly 
reported  to  the  General  Land  Office,  where  like  notation  will  be  made.  Re- 
linquishment  of  a  homestead  entry  within  a  reclamation  project  upon  which 
final  proof  has  been  submitted,  where  the  records  show  the  land  to  have  been 
mortgaged,  will  not  be  accepted  or  noted  unless  the  mortgagee  joins  therein, 
nor  will  an  assignment  of  such  an  entry  or  part  thereof  under  the  Act  of  June 
23,  1910  (36  Stats.,  592),  be  recognized  or  permitted  unless  the  assignment 
specifically  refers  to  such  mortgage  and  is  made  and  accepted  subject  thereto. 
Very  respectfully, 

S.  V.  Proudfit, 
Assistant  Commissioner. 

RECLAMATION     ENTRY— CANCELLATION     OR     RELINQUISHMENT— 
WATER  RIGHT  PAYMENTS. 

[Circular.] 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  February  2,  1912. 
Registers  and  Receivers,  United  States  Land  Offices. 

Sirs:  Paragraph  61  of  the  circular  of  May  31,  1910  (38  L.  D.,  620),  is 
hereby  amended  to  read  as  follows: 

If  any  entry  subject  to  the  Reclamation  Act  of  June  17,  1902  (32  Stat., 
388),  is  canceled  or  relinquished,  the  payment  for  water  right  charges  already 
made  and  not  assigned  in  writing  to  a  prospective  or  succeeding  entryman 
under  the  provisions  of  paragraph  62  of  the  circular  of  May  31,  1910,  are 
forfeited.  All  water-right  charges  which  remain  unpaid  are  canceled  by  the 
relinquishment  of  cancellation  of  the  entry  except  as  provided  by  the  specific 
provisions  of  public  notices  applicable  to  particular  projects. 

Any  person  who  thereafter  enters  the  same  land  must,  in  the  absence  of 
an  assignment  in  writing  or  public  notice  to  the  contrary,  pay  the  water-right 
charges  as  if  the  land  had  never  been  previously  entered.  No  credit  will  be 
allowed  in  such  cases  for  the  payment  made  by  the  prior  entryman,  and  the 
new  entryman  must  pay  at  the  time  of  filing  his  homestead  application  and 
water-right  application,  such  charges  for  building  and  operation  and  main- 
tenance as  are  required  by  the  public  notice  in  force  at  the  time  on  the  par- 
ticular project. 

Very  respectfully, 

Fred  Dennett, 

Commissioner. 
Approved: 

Samuel  Adams, 

First  Assistant  Secretary. 

[In  reply  please  refer  to  Circular  No.  137.] 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  June  25,  1912. 

RELATIVE  TO  RELINQUISHMENTS  OF  PARTS  OF  FARM  UNITS. 

Registers  and  Receivers,  United  States  Land  Offices. 

Sirs:  Your  attention  is  directed  to  department  regulations  approved  De- 
cember 18,  1911,  on  recommendation  of  the  Director  of  the  Reclamation  Service, 
dated  November  28,  1911,  reading  as  follows: 

"1.  A  homestead  entryman  subject  to  the  Reclamation  Act  of  June  17, 
1902  (32  Stat.,  388),  may  relinquish  a  part  of  his  farm  unit  and  have  the 
payments  which  had  been  made  on  the  relinquished  part  credited  on  the  charges 
against  the  retained  part,  provided  that  the  amendment  in  question  may  be 


507 

allowed  without  jeopardizing  the  interests  of  the  Government  in  the  collection 
of  the  charges  against  the  portion  of  the  tract  relinquished. 

' '  2.  The  entryman  desiring  to  make  such  relinquishment  shall  submit  his 
application  therefor  to  the  Project  Engineer,  who  will  transmit  the  same  with 
his  recommendation  through  the  proper  channel  to  the  Director,  who,  if  he  finds 
no  objection,  will  proceed  as  in  other  cases  of  proposed  amendments  of  farm 
units." 

When  you  are  advised  of  the  amendment  of  an  established  farm  unit  and 
its  division  into  two  or  more  farm  units,  and  the  entryman  of  the  original 
farm  unit  files  a  relinquishment  of  all  the  lands  in  his  entry  outside  of  one 
of  the  newly  established  farm  units  and  also  files  an  application  for  readjust- 
ment of  his  water-right  payments,  so  that  the  payments  which  had  been  made 
on  the  relinquished  area  may  be  credited  on  the  irrigable  area  of  the  lands 
retained,  you  will  make  proper  notation  of  such  relinquishment  on  your  records 
in  the  usual  manner  and  will  immediately  readjust  the  water-right  accounts  in 
connection  with  such  entry,  and  you  will  apply  all  moneys  previously  collected 
for  water-right  building  charges  toward  the  reduced  area.  The  payments  made 
for  operation  and  maintenance  charges  for  years  prior  to  the  relinquishment 
would  not  be  subject  to  reduction. 

Advise  this  office  in  every  case  where  charges  are  so  adjusted,  transmitting 
the  application  of  the  entryman  by  special  letter. 
Very  respectfully. 

S.  V.  Proudfit, 
Assistant  Commissioner. 

RULES  OP  PRACTICE  IN  CASES  BEFORE  THE  UNITED 
STATES  DISTRICT  LAND  OFFICES,  THE  GENERAL  LAND 
OFFICE,  AND  THE  DEPARTMENT  OF  THE  INTERIOR- 
APPROVED  DECEMBER  9,  1910.  (SEE  INDEX  PAGE  251.) 

IMPORTANCE  NOTICE. 

These  Rules  of  Practice  materially  change  those  previously  in 
force  in  respect  to  a  number  of  important  matters. 

Note. — Where  the  old  and  new  rules  are  substantially  the  same  the  de- 
cisions under  former  rules  have  been  noted  under  proper  section  in  these  rules. 

PROCEEDINGS  BEFORE  REGISTERS  AND  RECEIVERS. 

Annotations  refer  to  decisions  of  the  Department  of  the  Interior  relating  to 

Public  Lands. 

Initiation  of  Contests. 

Rule  1.  Contests  may  be  initiated  by  any  person  seeking  to 
acquire  title  to,  or  claiming  an  interest  in,  the  land  involved,  against 
a  party  to  any  entry,  filing,  or  other  claim  under  laws  of  Con- 
gress relating  to  the  public  lands,  because  of  priority  of  claim,  or 
lor  any  sufficient  cause  affecting  the  legality  or  validity  of  the 
claim,  not  shown  by  the  records  of  the  Land  Department. 

Any  protest  or  application  to  contest  filed  by  any  other  person 
shall  be  forthwith  referred  to  the  Chief  of  the  Field  Division,  who 
will  promptly  investigate  the  same  and  recommend  appropriate 
action. 

(See  vol.  40,  L.  D.,  557.) 

Application  to  Contest. 

Rule  2.  Any  person  desiring  to  institute  contest  must  file,  in 
duplicate,  with  the  Register  and  Receiver,  application  in  that 
behalf,  together  with  statement  under  oath  containing: 

a.  Name  and  residence  of  each  party  adversely  interested,  in- 
cluding the  age  of  each  heir  of  any  deceased  entryman. 


508 

b.  Description  and  character  of  the  land  involved. 

c.  Reference,  so  far  as  known  to  the  applicant,  to  any  pro- 
ceedings pending  for  the  acquisition  of  title  to  or  the  use  of  such 
lands. 

d.  Statement,  in  ordinary  and  concise  language,  of  the  facts 
constituting  the  grounds  of  contest. 

e.  Statement  of  the  law  under  which  applicant  intends  to  ac- 
quire title  and  facts  showing  that  he  is  qualified  to  do  so. 

f.  That  the  proceeding  is  not  collusive  or  speculative,  but  is  in- 
stituted and  will  be  diligently  pursued  in  good  faith. 

g.  Application  that  affiant  be  allowed  to  prove  said  allegations 
and  that  the  entry,  filing,  or  other  claim  be  canceled. 

h.  Address  to  which  papers  shall  be  sent  for  service  on  such 
applicant. 

(Vol.  40-555  and  557.) 

Rule  3.  The  statements  in  the  application  must  be  corroborated 
by  the  affidavit  of  at  least  one  witness. 

Land  decisions:  Vol.  2,  page  57,  213;  vol.  8,  page  446;  vol.  11,  page  326; 
vol.  13,  333;  vol.  14,  588;  vol.  15,  300;  vol.  16,  395;  vol.  17,  99;  vol.  19,  445; 
vol.  22,  189,  209,  468,  629;  vol.  23,  314;  vol.  27,  54;  vol.  40,  496. 

Rule  4.  The  Register  and  Receiver  may  allow  any  applica- 
tion to  contest  without  reference  thereof  to  the  Commissioner;  but 
they  must  immediately  forward  copy  thereof  to  the  Commissioner 
of  the  General  Land  Office,  who  will  promptly  cause  proper  nota- 
tions to  be  made  upon  the  records,  and  no  patent  or  other  evidence 
of  title  shall  issue  until  and  unless  the  case  is  closed  in  favor  of 
the  contestee. 

Contest  Notice. 

Rule  5.  The  Register  and  Receiver  shall  act  promptly  upon 
all  applications  to  contest  and,  upon  the  allowance  of  any  such 
application,  shall  issue  notice,  directed  to  the  persons  adversely 
interested,  containing : 

a.  The  names  of  the  parties,  description  of  the  land  involved, 
and   identification,    by   appropriate    reference,    of   the    proceeding 
against  which  the  contest  is  directed. 

b.  Notice  that  unless  the  adverse  party  appears  and  answers 
the  allegation  of  said  contest  within  30  days  after  service  of  notice 
the  allegations  of  the  contest  will  be  taken  as  confessed. 

(For  contents  of  notice  when  publication  is  ordered,  see 
Rule  9.) 

Service  of  Notice. 

Rule  6.  •  Notice  of  contest  may  be  served  on  the  adverse  party 
personally  or  by  publication. 

Rule  7.  Personal  service  of  notice  of  contest  may  be  made  by 
any  person  over  the  age  of  18  years,  or  by  registered  mail ;  when 
served  by  registered  mail,  proof  thereof  must  be  accompanied  by 
post-office  registry  return  receipt,  showing  personal  delivery  to  the 
party  to  whom  the  same  is  directed;  when  service  is  made  per- 
sonally, proof  thereof  shall  be  by  written  acknowledgment  of  the 
person  served,  or  by  affidavit  of  the  person  serving  the  same,  show- 
ing personal  delivery  to  the  party  served ;  except  when  service  is 


509 

made  by  publication,  copy  of  the  affidavit  of  contest  must  be  served 
with  such  notice. 

For  the  information  of  those  who  find  it  necessary  to  make 
service  by  registered  mail,  the  following  regulation  of  the  Post 
Office  Department  is  printed  below : 

Office  of  Third  Assistant  Postmaster  General, 

Washington,  D.  C.,  October  25,  1910. 
To  those  concerned: 

Sufficient  time  having  elapsed  since  the  issuance  of  the  Postmaster  Gen- 
eral's Order  No.  3276,  amending  sections  811,  852,  and  855  of  the  Postal  Laws 
and  Regulations,  providing  that  return  receipts  for  registered  mail  shall  be 
furnished  only  when  the  sender  shall  make  request  therefor  by  an  indorsement 
upon  the  article,  it  is  believed  that  the  majority  of  the  patrons  of  the  registry 
service  are  now  familiar,  with  this  requirement.  Therefore,  that  part  of  the 
instructions  from  this  office  dated  July  12,  1910,  printed  on  pages  12  and  13 
of  the  August,  1910,  Postal  Guide,  requiring  that  "until  further  notice  postal 
employees  accepting  mail  for  registration  must  in  every  case  if  a  return  receipt 
is  desired,"  is  hereby  revoked,  effective  December  1,  1910. 

A.  M.  Travers. 

8.  (Amended  Mar.  11,  1912.)  Unless  notice  of  contest  is  per- 
sonally served  within  30  days  after  issuance  of  such  notice  and  proof 
thereof  made  not  later  than  30  days  after  such  service,  or  if  service 
by  publication  is  ordered,  unless  publication  is  commenced  within 
10  days  after  such  order  and  proof  of  publication  is  made  not  later 
than  20  days  after  the  fourth  publication,  as  specified  in  rule  10,  the 
contest  shall  abate:  Provided,  That  if  the  defendant  makes  answer 
without  questioning  the  service  or  the  proof  of  service  of  said 
notice,  the  contest  will  proceed  without  further  requirement  in  those 
particulars. 

Circular  No.  150. 
Serving  Notice  by  Publication. 

Rule  9.  Notice  of  contest  may  be  given  by  publication  only 
when  it  appears,  by  affidavit  by  or  on  behalf  of  the  contestant,  filed 
within  thirty  days  after  the  allowance  of  application  to  contest 
and  within  ten  days  after  its  execution,  that  the  adverse  party 
can  not  be  found,  after  due  diligence  and  inquiry,  made  for  the 
purpose  of  obtaining  service  of  notice  of  contest  within  fifteen 
days  prior  to  the  presentation  of  such  affidavit,  of  the  postmaster 
8t  the  place  of  address  of  such  adverse  party  appearing  on  the 
records  of  the  land  office,  and  of  the  postmaster  nearest  the  land 
in  controversy  and  also  of  named  persons  residing  in  the  vicinity 
of  the  land. 

Such  affidavit  must  state  the  last  address  of  the  adverse  party 
as  ascertained  by  the  person  executing  the  same. 

The  published  notice  of  contest  must  give  the  names  of  the 
parties  thereto,  description  of  the  land  involved,  identification,  by 
appropriate  reference,  of  the  proceeding  against*  which  the  con- 
test is  directed,  the  substance  of  the  charges  contained  in  the  affi- 
davit of  contest,  and  a  statement  that,  upon  failure  to  answer 
within  twenty  days  after  the  completion  of  publication  of  such 
notice,  the  allegations  of  said  affidavit  of  contest  will  be  taken  as 
confessed. 


510 

The  affidavit  of  contest  .need  not  be  published. 

There  shall  be  published  with  the  notice  a  statement  of  the 
dates  of  publication. 

10.  (Amended  Mar.  7,  1911.)  Service  of  notice  by  publication 
shall  be  made  by  publishing  notice  at  least  once  a  week  for  four 
successive  weeks  in  some  newspaper  published  in  the  county 
wherein  the  land  in  contest  lies;  and  if  no  newspaper  be  printed 
in  such  county,  then  in  a  newspaper  printed  in  the  county  nearest 
to  such  land. 

Copy  of  the  notice,  as  published,  together  with  copy  of  the 
affidavit  of  contest,  shall  be  sent  by  the  contestant,  within  10  days 
after  the  first  publication  of  such  notice,  by  registered  mail, 
directed  to  the  party  for  service  upon  whom  such  publication  is 
being  made,  at  the  last  address  of  such  party  as  shown  by  the 
records  of  the  land  office,  and  also  at  the  address  named  in  the 
affidavit  for  publication,  and  also  at  the  post  office  nearest  the  land. 

Copy  of  the  notice,  as  published,  shall  be  posted  in  the  office  of 
the  register,  and  also  in  a  conspicuous  place  upon  the  land  in- 
volved, such  posting  to  be  made  within  10  days  after  the  first 
publication  of  notice  as  hereinabove  provided. 

Circular  No.  150. 

Rule  11.  Proof  of  publication  of  notice  shall  be  by  copy  of  the 
notice  as  published,  attached  to  and  made  a  part  of  the  affidavit  of 
the  publisher,  or  foreman,  of  the  newspaper  publishing  the  same, 
showing  the  publication  thereof  in  accordance  with  these  rules. 

Proof  of  posting  shall  be  by  affidavit  of  the  person  who  posted 
notice  on  the  land,  and  the  certificate  of  the  Register  as  to  posting 
in  the  local  land  office. 

Defective  Service  of  Notice. 

Rule  12.  No  contest  proceeding  shall  abate  because  of  any 
defect  in  the  manner  of  service  of  notice  in  any  case  where  copy 
of  the  notice  or  affidavit  of  contest  is  shown  to  have  been  received 
by  the  person  to  be  served;  but,  in  such  case,  the  time  to  answer 
may  be  extended  in  the  discretion  of  the  Register  and  Receiver. 

Answers  by  Contestee. 

Rule  13.  "Within  thirty  days  after  personal  service  of  notice 
and  affidavit  of  contest  as  above  provided,  or,  if  service  is  made  by 
publication,  writhin  twenty  days  after  the  fourth  publication,  as 
prescribed  by  these  rules,  the  party  served  must  file  with  the  Reg- 
ister and  Receiver  answer,  under  oath,  specifically  meeting  and 
responding  to  the  allegations  of  the  contest,  together  with  proof  of 
service  of  a  copy  thereof  upon  the  contestant  by  delivery  of  such 
copy  at  the  address  designated  in  the  application  of  contest,  or 
personally  in  the  manner  provided  for  the  personal  service  of  notice 
of  contest. 

Such  answer  shall  contain  or  be  accompanied  by  the  address  at 
which  all  notices  or  other  papers  shall  be  sent  for  service  upon  the 
party  answering. 

Failure  to  Answer. 

14.  (Amended  July  24,  1912.)  Upon  the  failure  to  serve  and 
file  answer  as  provided  by  rule  13,  the  allegations  of  the  contest 


511 

affidavit  will,  on  motion  of  contestant  made  within  ?0  days  after 
the  date  the  answer  is  required  to  be  filed  and  before  any  answer 
is  filed,  be  taken  as  confessed,  or  in  case  of  failure  of  contestee  to 
file  answer  and  of  contestant  to  file  motion  within  the  time  pre- 
scribed, the  allegation  of  the  contest  affidavit  may  be  taken  as 
confessed  and  judgment  entered  by  the  Commissioner  of  the  Gen 
eral  Land  Office  without  the  award  of  preference  right  to 
contestant.  Due  service  of  notice,  either  personally  or  by  publica- 
tion, as  provided  by  rule  8,  must  appear  in  all  such  cases.  At  the 
end  of  the  period  herein  prescribed  the  register  and  receiver  will 
forthwith  forward  the  case  with  recommendation  thereon  to  the 
General  Land  Office,  and  notify  the  parties  by  registered  mail  of 
the  action  taken. 

Circular  No.  150. 
Date  and  Notice  of  Trial. 

Eule  15.  Upon  the  filing  of  answer  and  proof  of  service  thereof, 
the  Register  and  Receiver  will  forthwith  fix  time  and  place  for 
taking  testimony,  and  notify  all  parties  thereof  by  registered  letter 
mail  not  less  than  twenty  days  in  advance  of  the  date  fixed. 

Place  of  Service  of  Papers. 

Rule  16.  Proof  of  delivery  of  papers  required  to  be  served 
upon  the  contestant  at  the  place  designated  under  clause  (h)  of 
Rule  2,  in  the  application  to  contest,  and  upon  any  adverse  party 
at  the  place  designated  in  the  answer,  or  at  such  other  place  as 
may  be  designated  in  writing  by  the  person  to  be  served,  shall  be 
sufficient  for  all  purposes;  and,  where  notice  of  contest  has  been 
given  by  registered  mail,  and  the  registry  return  receipt  shows  the 
same  to  have  been  received  by  the  adverse  party,  proof  of  delivery 
at  the  address  at  which  such  notice  was  so  received,  shall,  in  the 
absence  of  other  direction  by  such  adverse  party,  be  sufficient. 

Where  a  party  has  appeared  and  is  represented  by  counsel, 
service  of  papers  upon  such  counsel  shall  be  sufficient. 

Continuance. 

Rule  17.  Hearing  may  be  postponed  because  of  absence  of  a 
material  witness  when  the  party  applying  for  continuance  makes 
affidavit,  and  it  appears  to  the  satisfaction  of  the  officer  presiding 
at  such  hearing,  that — 

(a)  The  matter  to  which  such  witness  would  testify  if  present 
is  material. 

(b)  That  proper  diligence  has  been  exercised  to  procure  his 
attendance,  and  that  his  absence  is  without  procurement  or  consent 
of  the  party  on  whoso  behalf  continuance  is  sought. 

(c)  That  affiant  believes  the  attendance  of  said  witness  can  be 
had  at  the  time  to  which  continuance  is  sought. 

(d)  That  the  continuance  is  not  sought  for  mere  purposes  of 
delay. 

Rule  18.  One  continuance  only  shall  be  allowed  to  either  party 
on  account  of  absence  of  witnesses,  unless  the  party  applying  for 
further  continuance  shall,  at  the  same  time,  apply  for  order  to  take 
the  testimony  of  the  alleged  absent  witnesses  by  deposition. 


512 

Rule  19.  No  continuance  shall  be  granted  if  the  opposite  party 
shall  admit  that  the  witness,  on  account  of  whose  absence  contin- 
uance is  desired,  would,  if  present,  testify  as  stated  in  the  application 
for  continuance. 

Continuances  will  be  granted  on  behalf  of  the  United  States 
when  the  public  interest  requires  the  same,  without  affidavit  on  the 
part  of  the  Government. 

Depositions  and  Interrogatories. 

Rule  20.  Testimony  may  be  taken  by  deposition  when  it  appears 
by  affidavit  that — 

(a)  The  witness  resides  more  than  50  miles,  by  the  usual  trav- 
eled route,  from  the  place  of  trial. 

(b)  The  witness  resides  without,  or  is  about  to  leave,  the  State 
or  Territory,  or  is  absent  therefrom. 

(c)  From  any  cause  it  is  apprehended  that  the  witness  may  be 
unable  to,  or  will  refuse  to,  attend  the  hearing,  in  which  case  the 
deposition  will  be  used  only  in  the  event  personal  attendance  of  the 
witness  can  not  be  obtained. 

Land  decisions:  Vol.  2,  page  235;  vol.  3,  584;  vol.  4,  208;  vol.  8,  199; 
vol.  11,  576;  vol.  15,  263;  vol.  16,  98,  296;  vol.  17,  324;  vol.  22,  532;  vol.  26,  198; 
vol.  31,  68. 

Rule  21.  The  party  desiring  to  take  deposition  must  serve  upon 
the  adverse  party  and  file  with  the  Register  and  Receiver,  affidavit 
setting  forth  the  name  and  address  of  the  witness  and  one  or  more 
of  the  above-named  grounds  for  taking  such  deposition,  and  that  the 
testimony  sought  is  material;  which  affidavit  must  be  accompanied 
by  proposed  interrogatories  to  be  propounded  to  the  witness. 

Land  decisions:  Vol.  3,  page  584;  vol.  4,  208;  vol.  8,  199;  vol.  9,  137;  vol. 
10,  480;  vol.  11,  576;  vol.  16,  296,  362;  vol.  17,  324;  vol.  22,  532. 

Rule  22.  The  adverse  party  will,  within  10  days  after  service  of 
affidavit  and  interrogatories,  as  provided  in  the  preceding  rule, 
serve  and  file  cross-interrogatories. 

Vol.  16,  296,  362. 

Rule  23.  After  the  expiration  of  10  days  from  the  service  of 
affidavit  for  the  taking  of  deposition  and  direct  interrogatories, 
commission  to  take  the  deposition  shall  be  issued  by  the  Register 
and  Receiver  directed  to  any  officer  authorized  to  administer  oaths 
within  the  county  where  such  deposition  is  to  be  taken,  which  com- 
mission shall  be  accompanied  by  a  copy  of  all  interrogatories  filed. 

Ten  days'  notice  of  the  time  and  place  of  taking  such  deposition 
shall  be  given,  by  the  party  in  whose  behalf  such  deposition  is  to  be 
taken,  to  the  adverse  party. 

Rule  24.  The  officer  before  whom  such  deposition  is  taken  shall 
cause  each  interrogatory  to  be  written  out,  and  the  answer  thereto 
inserted  immediately  thereafter,  and  said  deposition,  when  com- 
pleted, shall  be  read  over  to  the  witness  and  by  him  subscribed  and 
sworn  to  in  the  usual  manner  before  the  witness  is  discharged,  and 
said  officer  will  thereupon  attach  his  certificate  to  said  deposition, 
stating  that  the  same  was  subscribed  and  sworn  to  at  the  time  and 
place  therein  mentioned. 

Vol.  25.  143. 


513 

Rule  25.  The  deposition,  when  completed  and  certified  as  afore- 
said, together  with  the  commission  and  interrogatories,  must  be 
inclosed  in  a  sealed  package,  indorsed  with  the  title  of  the  pro- 
ceeding in  which  the  same  is  taken,  and  returned  by  mail  or  express 
to  the  Register  and  Receiver,  who  will  indorse  thereon  the  date  of 
reception  thereof,  and  the  time  of  opening  said  deposition. 

Vol.  10,  page  340;  vol.  11,  183. 

Rule  26.  If  the  officer  designated  to  take  the  deposition  has  no 
official  seal,  certificate  of  his  official  character  under  seal  must 
accompany  the  return  of  the  deposition. 

Rule  27.  Deposition  may,  by  stipulation  filed  with  the  Register 
and  Receiver,  be  taken  before  any  officer  authorized  to  administer 
oaths,  and  either  by  oral  examination  or  upon  written  interroga- 
tories. 

Vol.  1,  132;  vol.  16,  98;  vol.  15,  263,  34,  180. 

Rule  28.  Testimony  may.  by  order  of  the  Register  and  Receiver 
and  after  such  notice  as  they  may  direct,  be  taken  by  deposition 
before  a  United  States  commissioner,  or  other  officer  authorized  to 
administer  oaths  near  the  land  in  controversy,  at  a  time  and  place 
to  be  designated  in  a  notice  of  such  taking  of  testimony.  The 
officer  before  whom  such  testimony  is  taken  will,  at  the  completion 
of  the  taking  thereof,  cause  the  same  to  be  certified  to,  sealed,  and 
transmitted  to  the  Register  and  Receiver  in  the  like  manner  as  is 
provided  with  reference  to  depositions. 

Rule  29.  No  charge  will  be  made  by  the  Register  and  Receiver 
for  examining  testimony  taken  by  deposition. 

Rule  30.  Officers  designated  to  take  testimony  will  be  allowed 
to  charge  such  fees  as  are  chargeable  for  similar  services  in  the 
local  courts,  the  same  to  be  taxed  in  the  same  manner  as  costs  are 
taxed  by  Registers  and  Receivers. 

Rule  31.  When  the  officer  designated  to  take  deposition  can  not 
act  at  the  time  fixed  for  taking  the  same,  such  deposition  may  be 
taken  at  the  same  time  and  place  before  any  other  qualified  officer 
designated  for  that  purpose  by  the  officer  named  in  the  commission 
or  by  agreement  of  the  parties. 

Rule  32.  No  order  for  the  taking  of  testimony  shall  be  issued 
until  after  the  expiration  of  time  allowed  for  the  filing  of  answer. 

Vol.  1,  page  132,  474;  vol.  2,  66,  231,  234,  235;  vol.  3,  112,  145,  194,  333; 
vol.  4,  91,  440,  541;  vol.  5,  365;  vol.  7,  315;  vol.  9,  209,  273;  vol.  10,  433,  480; 
vol.  11,  418,  539;  vol.  12,  30;  vol.  13,  203;  vol.  14,  700;  vol.  15,  289,  436;  vol. 
16,  88,  360,  511;  vol.  17,  4,  321;  vol.  18,  78;  vol.  20,  18;  vol.  23,  140;  vol.  24,  564; 
vol.  25,  466;  vol.  28,  301. 

Trials. 

Rule  33.  The  Register  and  Receiver  and  other  officers  taking 
testimony  may  exclude  from  the  trial  all  witnesses  except  the  one 
testifying  and  the  parties  to  the  proceeding. 

Rule  34.  The  Register  and  Receiver  will  be  careful  to  reach, 
if  possible,  the  exact  condition  and  status  of  the  land  involved  in 
any  contest,  and  will  ascertain  all  the  facts  having  any  bearing 
upon  the  rights  of  parties  in  interest ;  to  this  end  said  officers  should, 
whenever  necessary,  personally  interrogate  and  direct  the  examina- 
tion of  a  witness. 


514 
Vol  2,  234,  235;  vol.  3,  86;  vol.  16,  511. 

Rule  35.  In  preemption  cases  the  Register  and  Receiver  will 
particularly  ascertain  the  nature,  extent,  and  value  of  alleged  im- 
provements ;  by  whom  made,  and  when ;  the  true  date  of  the  settle- 
ment of  persons  claiming;  the  steps  taken  to  mark  and  secure  the 
claim ;  and  the  exact  status  of  the  land  at  that  date  as  shown  upon 
the  records  of  their  office. 

Vol.  3,  86. 

Rule  36.  In  like  manner,  under  the  homestead  and  other  laws, 
the  conditions  affecting  the  inception  of  the  alleged  right,  as  well 
as  the  subsequent  acts  of  the  respective  claimants,  must  be  fully 
and  specifically  examined. 

Rule  37.  Due  opportunity  will  be  allowed  opposing  claimants 
to  cross-examine  witnesses. 

Vol.  11,  421;  vol.  14,  472. 

Rule  38.  Objections  to  evidence  will  be  duly  noted,  but  not 
ruled  upon,  by  the  Register  and  Receiver,  and  such  objections  will 
be  considered  by  the  Commissioner.  Officers  before  whom  testi- 
mony is  taken  will  summarily  stop  examination  which  is  obviously 
irrelevant. 

Land  decisions:  Vol.  1,  page  107;  vol.  2,  232,  581;  vol.  4,  386;  vol.  9,  131, 
134;  vol.  10,  628,  680;  vol.  11,  461;  vol.  12,  109;  vol.  18,  560;  vol.  21,  55,  480; 
vol.  22,  314. 

Rule  39.  At  the  time  set  for  hearing,  or  at  any  time  to  which 
the  trial  may  be  continued,  the  testimony  of  all  the  witnesses  present 
shall  be  taken  and  reduced  to  writing. 

When  testimony  is  taken  in  shorthand  the  stenographic  notes 
must  be  transcribed,  and  the  transcription  subscribed  by  the  witness 
and  attested  by  the  officer  before  whom  the  testimony  was  taken : 
Provided,  however.  That  when  the  parties  shall,  by  stipulation, 
filed  with  the  record,  so  agree,  or  when  the  defendant  has  failed  to 
appear,  or  fails  to  participate  in  the  trial,  and  the  contestant  shall 
in  writing  so  request,  such  subscription  may  be  dispensed  TOih. 

The  transcript  of  testimony  shall,  in  all  cases,  be  accompanied 
by  certificate  of  the  officer  or  officers  before  whom  the  same  was 
taken  showing  that  each  witness  was  duly  sworn  before  testifying, 
and,  by  affidavit  of  the  stenographer  who  took  the  testimony,  that 
the  transcription  thereof  is  correct. 

Vol.  2,  page  581;  vol.  4,  541;  vol.  7,  292;  vol.  12,  186;  vol.  17,  135;  vol.  19, 
339;  vol.  28,  301. 

Rule  40.  If  a  defendant  demurs  to  the  sufficiency  of  the  evi-. 
dence,  the  Register  and  Receiver  will  forthwith  rule  thereon.  If 
such  demurrer  is  overruled,  and  the  defendant  elects  to  introduce 
no  evidence,  no  further  opportunity  will  be  afforded  him  to  submit 
proofs. 

When  testimony  is  taken  before  an  officer  other  than  the  Reg- 
ister and  Receiver,  demurrer  to  the  evidence  will  be  received  and 
noted,  but  no  ruling  made  thereon,  and  the  taking  of  evidence  on 
behalf  of  the  defendant  will  be  proceeded  with ;  the  Register  and 
Receiver  will  rule  upon  such  demurrer  when  the  record  is  submitted 
for  their  consideration. 


515 

If  said  demurrer  is  sustained,  the  Register  and  Receiver  will  not 
be  required  to  examine  the  defendant's  testimony.  If,  however, 
the  demurrer  be  overruled,  all  the  evidence  will  be  considered  and 
decision  rendered  thereon. 

Upon  the  completion  of  the  evidence  in  a  contest  proceeding,  the 
Register  and  Receiver  will  render  joint  report  and  opinion  thereon, 
making  full  and  specific  reference  to  the  posting  and  annotations 
upon  their  records. 

Rule  41.  The  Register  and  Receiver  will,  in  writing,  notify  the 
parties  to  any  proceeding  of  the  conclusion  therein,  and  that  fifteen 
days  will  be  allowed  from  the  receipt  of  such  notice  to  move  for  new 
trial  upon  the  ground  of  newly  discovered  evidence,  and  that  if  no 
motion  for  new  trial  is  made,  thirty  days  will  be  allowed  from  the 
receipt  of  such  notice  within  which  to  appeal  to  the  Commissioner. 

Vol.  1,  page  117,  118,  472,  479;  vol.  2,  387;  vol.  3,  184;  vol.  5,  246;  vol.  6, 
765;  vol.  7,  388;  vol.  28,  317;  vol.  29,  142;  vol.  30,  622. 

New  Trial. 

Rule  42.  The  decision  of  the  Register  and  -Receiver  will  be 
vacated  and  new  trial  granted  only  upon  the  ground  of  newly  dis- 
covered evidence,  in  accordance  with  the  practice  applicable  to  new 
trials  in  courts  of  justice :  Provided,  however,  That  no  such  appli- 
cation shall  be  granted  except  upon  showing  that  the  substantial 
rights  of  the  applicant  have  been  injuriously  affected. 

No  appeal  will  be  allowed  from  an  order  granting  new  trial,  but 
the  Register  and  Receiver  will  proceed  at  the  earliest  practicable 
time  to  retry  the  case,  and  will,  so  far  as  possible,  use  the  testimony 
theretofore  taken  without  reexamination  of  same  witnesses,  con- 
fining the  taking  of  testimony  to  the  newly  discovered  evidence. 

Rule  43.  Notice  of  motion  for  new  trial,  setting  forth  the 
grounds  thereof,  and  accompanied  by  copies  of  all  papers  not  already 
on  file  to  be  used  in  support  of  such  motion,  shall  be  served  upon 
the  adverse  party,  and,  together  with  proof  of  service,  filed  with 
the  Register  and  Receiver  not  more  than  fifteen  days  after  notice 
of  decision;  the  adverse  party  shall,  within  ten  days  after  such 
notice,  serve  and  file  affidavits  or  other  papers  to  be  used  by  him  in 
opposition  to  such  motion. 

Rule  44.  Motions  for  new  trial  will  not  be  considered  or  decided 
in  the  first  instance  by  the  Commissioner  or  the  Secretary  of  the 
Interior,  or  otherwise  than  on  review  of  the  decision  thereof  by  the 
Register  and  Receiver. 

Rule  45.  If  motion  for  new  trial  is  not  made,  or  if  made  and 
not  allowed,  the  Register  and  Receiver  will,  at  the  expiration  of  the 
time  for  appeal,  promptly  forward  the  same,  with  the  testimony 
and  all  papers  in  the  case,  to  the  Commissioner,  with  letter  of  trans- 
mittal,  describing  the  case  by  its  title,  nature  of  the  contest,  and  the 
land  involved. 

The  local  officers  will  not,  aftor  forwarding  of  decision,  as  above 
provided,  take  further  action  in  the  case  unless  so  instructed  by  the 
Commissioner. 

Final  Proof  Pending  Contest. 

Rule  46.  Where  a  trial  of  a  contest  brought  against  any  entry 
or  filing  has  taken  place,  the  entryman  may  submit  final  proof  and 


516 

complete  the  same,  with  the  exception  of  payment  of  the  purchase 
money  or  commission,  as  the  ease  may  be ;  such  final  proof  will  be 
retained  in  the  local  office,  and,  should  the  entry  be  adjudged  valid, 
will,  if  satisfactory,  be  accepted  upon  payment  of  the  purchase 
money  or  commissions,  and  final  certificate  will  issue  without  fur- 
ther action  on  the  part  of  the  entryman,  except  the  furnishing  by 
him,  or  in  case  of  his  death  by  his  legal  representatives,  of  non- 
alienation  affidavit. 

In  such  cases  the  party  making  the  proof  will  at  the  time  of 
submitting  same  be  required  to  pay  the  fees  for  reducing  the  testi- 
mony to  writing. 

Appeals  to  Commissioner. 

Rule  47.  No  appeal  from  the  action  or  decision  of  the  Register 
and  Receiver  will  be  considered  unless  notice  thereof  is  served  and 
filed  with  the  local  officers  in  the  manner  and  within  the  time  speci- 
fied in  these  rules. 

Vol.  1,  page  472;  vol.  11,  408;  vol.  14,  702;  vol.  18,  421;  vol.  2,  169;  vol.  3, 
184,  608;  vol.  4,  277,  571. 

Rule  48.  Notice  of  appeal  from  the  decision  of  the  Register  and 
Receiver  shall  be  served  and  filed  with  such  Register  and  Receiver 
within  thirty  days  after  receipt  of  notice  of  decision:  Provided, 
however,  That  when  motion  for  new  trial  is  presented  and  denied, 
notice  of  such  appeal  shall  be  served  within  fifteen  days  after 
receipt  of  notice  of  the  denial  of  said  motion. 

Rule  49.  No  person  who  has  failed  to  answer  the  contest  affi- 
davit, or,  having  answered,  has  failed  to  appear  at  the  hearing, 
shall  be  allowed  an  appeal  from  the  final  action  or  decision  of  the 
Register  and  Receiver. 

Rule  50.  Such  notice  of  appeal  must  be  in 'writing,  and  set  forth 
in  clear,  concise  language,  the  grounds  of  the  appeal ;  if  such  appeal 
be  taken  upon  the  ground  of  insufficiency  of  the  evidence  to  justify 
the  decision,  the  particulars  of  such  insufficiency  must  be  specifically 
set  forth  in  the  notice,  and,  if  error  of  law  is  urged  as  a  ground  for 
such  appeal,  the  alleged  error  must  be  likewise  specified. 

Upon  failure  to  serve  and  file  notice  of  appeal  as  herein  pro- 
vided the  case  will  be  closed. 

Rule  51.  When  any  party  fails  to  move  for  a  new  trial  or  to 
appeal  from  the  decision  of  the  Register  and  Receiver  within  the 
time  specified,  such  decision  shall,  as  to  such  party,  be  final  and  will 
not  be  disturbed  except  in  case  of— 

(a)  Fraud  or  gross  irregularity. 

(b)  Disagreement  in  the  decision  between  the  Register  and 
Receiver. 

No  case  will  be  remanded  for  any  defect  which  does  not  mate- 
rially affect  the  aggrieved  party. 

Vol.  5,  page  212,  246,  448,  585,  624;  vol.  6,  99,  359,  391,  426;  vol.  7,  20,  98; 
vol.  9,  389,  627;  vol.  10,  680,  690;  vol.  11,  260.  300,  400,  407,  631;  vol.  12,  421; 
vol.  13,  495,  605,  686;  vol.  14,  238;  vol.  15,  37,  291,  400;  vol.  17,  145;  vol.  18, 
153,  306,  401,  431,  594;  vol.  19,  572;  vol.  20,  41,  456,  516;  vol.  21,  281,  295,  307, 
523;  vol.  22,  6,  16,  67,  512,  641;  vol.  23,  562;  vol.  24,  244,  385;  vol.  25,  305,  315, 
"45;  vol.  27,  143;  vol.  28,  317. 

Rule  52.  All  documents  received  by  the  local  officers  must  be 
kept  on  file  and  the  date  of  filing  noted  thereon;  no  papers  will, 


517 

under  any  circumstances,  be  removed  from  the  files  or  from  the 
custody  of  the  Register  and  Receiver,  but  access  to  the  same,  under 
proper  regulations,  and  so  as  not  to  interfere  with  transaction  of 
public  business,  will  be  permitted  to  the  parties  or  their  attorneys. 

Vol.  4,  246;  vol.  40,  130. 

Costs  and  Apportionment  Thereof. 

Rule  53.  A  contestant  claiming  preference  right  of  entry  under 
the  second  section  of  the  Act  of  May  14,  1880  (21  Stat.,  140),  must 
pay  the  costs  of  contest;  in  other  cases  each  party  must  pay  the 
cost  of  taking  the  direct  examination  of  his  own  witnesses  and  the 
cross-examination  on  his  behalf  of  other  witnesses.  The  cost  of 
noting  motions,  objections,  and  exceptions  must  be  paid  by  the 
party  on  whose  behalf  the  same  are  made. 

Vol.  4,  page  207;  vol.  6,  600,  "65;  vol.  8,  494;  vol.  10,  628,  680;  vol.  11,  389- 
vol.  12,  109;  vol.  13,  290;  vol.  14,  92;  vol.  19,  383,  428,  445;  vol.  20,  153,  .197, 
276;  vol.  22,  189,  248,  314,  420;  vol.  24,  90;  vol.  25,  13;  vol.  26,  211,  384; 
vol.  30,  12. 

Rule  54.  Accumulation  of  excessive  costs  will  not  be  permitted, 
"\Vhen  the  officer  before  whom  testimony  is  being  taken  shall  rule 
that  a  course  of  examination  is  irrelevant,  the  same  will  not  proceed 
except  at  the  sole  cost  of  the  party  insisting  thereon  and  upon  his 
depositing  the  amount  reasonably  sufficient  to  pay  therefor. 

Land  decisions:  Vol.  3,  page  52;  vol.  4,  207;  vol.  9,  134;  vol.  10,  628,  680; 
vol.  12,  109;  vol.  18,  560. 

Rule  55.  "Where  a  party  contesting  a  claim  shall  by  virtue  of 
actual  settlement  and  improvement  establish  his  right  of  entry  of 
the  land  in  contest  under  the  preemption,  homestead,  or  desert-land 
laws  by  virtue  of  settlement  and  improvement  without  reference  to 
the  Act  of  May  14,  1880,  the  costs  of  contest  will  be  imposed  as 
prescribed  in  the  second  clause  of  Rule  53. 

Vol.  6,  page  661;  vol.  26,  211. 

Rule  56.  The  only  cost  of  contest  chargeable  by  Registers  and 
Receivers  are  the  legal  fees  for  reducing  testimony  to  writing.  No 
other  contest  fees  or  costs  will  be  allowed  to  or  charged  by  those 
officers,  directly  or  indirectly. 

Rule  57.  Registers  and  Receivers  may  at  any  time  require  either 
party  to  give  security  for  costs,  including  expense  of  taking  and 
transcribing  testimony. 

Vol.  2,  page  223;  vol.  6,  599;  vol.  8,  494;  vol.  20,  276. 

Rule  58.  Upon  the  filing  of  the  transcript  of  the  testimony  in 
the  local  office,  any  excess  in  the  sum  deposited  as  security  for  costs 
of  transcribing  testimony  will  be  returned  to  the  parties  depositing 
the  same. 

Rule  59.  When  hearings  are  ordered  on  behalf  of  the  Govern- 
ment, all  costs  incurred  on  its  behalf  will  be  paid  from  the  proper 
appropriation,  and  when,  upon  the  discovery  of  reason  for  sus- 
pension in  the  usual  course  of  examination  of  entries  and  contest, 
hearings  are  ordered  between  contending  parties,  the  costs  will  be 
paid  as  required  by  Rule  53. 

Rule  60.     The  costs  provided  for  by  the  preceding  rules  will  be 


518 

collected  by  the  receiver  when  the  parties  are  brought  before  him 
in  obedience  to  the  order  for  hearing. 

Rule  61.  The  Receiver  will  append  to  the  report  in  each  case 
a  statement  of  costs,  the  amount  actually  paid  by  each  of  the  par- 
ties, and  the  disposition  thereof. 

Rule  62.  All  notices  and  other  papers  not  required  to  be  served 
by  the  Register  and  Receiver  must  be  prepared  and  served  by  the 
respective  parties. 

Rule  63.  The  Register  and  Receiver  will  require  proper  pro- 
vision to  be  made  for  such  notices  not  specifically  provided  for  in 
these  rules  as  may  become  necessary  in  the  usual  progress  of  the 
case  to  final  decision. 

Appeal  from  Decision  Rejecting  Application  to  Enter  Public  Lands. 

Rule  64.  To  facilitate  appeals  from  the  action  of  local  officers 
relative  to  applications  to  file,  enter, .or  locate  upon  the  public 
lands,  the  Register  and  Receiver  will — 

(a)  Indorse  upon  every  rejected  application  the  date  of  presen- 
tation and  reasons  for  rejection. 

(b)  Promptly  advise  the  party  in  interest  of  their  action  and 
of  his  right  of  appeal. 

(c)  Note  upon  their  records  a  memorandum  of  the  transaction. 

Vol.  2,  page  278,  280;  vol.  3,  281;  vol.  4,  9;  vol.  5,  380;  vol.  12,  235,  684; 
vol.  14,  661;  vol.  16,  112;  vol.  18,  8;  vol.  20,  537;  vol.  22,  25. 

Rule  65.  The  party  aggrieved  will  be  allowed  30  days  from 
receipt  of  notice  in  which  to  file  notice  of  appeal  in  the  local  land 
office.  The  notice  of  appeal,  when  filed,  will  be  forwarded  to  the 
General  Land  Office  with  full  report  upon  the  case,  which  should 
recite  all  the  facts  and  proceedings  had,  and  must  embrace  the 
following  particulars : 

(a)  The  original  application,  with  reasons  for  the  rejection 
thereof.  ( 

(b)  'Description   of  the   tract  involved   and   statement  of  its 
status,  as  shown  by  the  records  of  the  local  office. 

(c)  Reference  to  all  entries,  filings,  annotations,  memorandum, 
and  correspondence  shown  by  the  record  relating  to  said  tract  and 
to  the  proceedings  had. 

Vol.  2,  page  80;  vol.  7,  388;  vol.  13,  250;  vol.  16,  112;  vol.  20,  386. 

II. 
PROCEEDINGS  BEFORE  SURVEYORS  GENERAL. 

Rule  66.  The  proceedings  in  hearings  and  contests  before  sur- 
veyors general  shall,  as  to  notices,  depositions,  and  other  matters, 
be  governed  as  nearly  as  may  be  by  the  rules  prescribed  for  proceed- 
ings before  Registers  and  Receivers,  unless  otherwise  provided  by 
law. 

III. 

PROCEEDINGS  BEFORE  THE  COMMISSIONER  OF  THE  GENERAL  LAND 
OFFICE  AND  SECRETARY  OF  THE  INTERIOR. 

Examination  and  Argument. 

Rule  67.  The  Commissioner  will  cause  notice  to  be  given  to 
each  party  in  interest  whose  address  is  known  of  any  order  or 


510 

decision  affecting  the  merits  of  the  case  or  the  regular  order  of 
proceedings  therein. 

Rule  68.  No  additional  evidence  will  be  admitted  or  considered 
by  the  Commissioner  unless  offered  under  stipulations  of  the  parties 
or  in  support  of  a  mineral  application  or  protest ;  provided,  how- 
ever, that  the  Commissioner  may  order  further  investigation  made 
or  evidence  submitted  upon  particular  matters  to  be  by  him  spe- 
cifically designated. 

Affidavits  or  other  ex  parte  statements  filed  in  the  office  of  the 
Commissioner  will  not  be  considered  in  finally  determining  any 
controversy  upon  the  merits. 

Rule  69.  After  receipt  of  the  record  by  the  Commissioner  thirty 
days  will  be  allowed  to  expire  before  any  action  is  taken  thereon, 
unless,  in  the  judgment  of  the  Commissioner,  public  policy  or  pri- 
vate necessity  shall  require  summary  action,  in  which  event  lie  will 
proceed  at  his  discretion,  first  notifying  the  attorneys  of  record  of 
his  intention  so  to  do;  provided,  that  where  no  appeal  has  been 
filed  the  case  may  be  immediately  considered  and  disposed  of. 

Rule  70.  If  brief  is  not  filed  before  a  case  is  reached  in  its 
order  for  examination,  the  argument  will  be  considered  closed,  and 
no  further  argument  or  motion  of  any  kind  will  be  entertained, 
except  upon  application  and  upon  good  cause  appearing  to  the 
Commissioner  therefor. 

Rule  71.  In  the  discretion  of  the  Commissioner,  oral  argument 
may  be  presented,  at  a  time  to  be  fixed  by  him  and  upon  notice  to 
opposing  counsel,  which  notice  shall  specify  the  time  for  such  argu- 
ment and  the  specific^  matter  to  be  discussed.  Except  as  herein 
provided,  oral  hearings  or  suggestions  will  not  be  allowed. 

Rehearings. 

Rule  72.  No  motion  for  rehearing  of  any  decision  rendered  by 
the  Commissioner  of  the  General  Land  Office  will  be  allowed. 

Motions. 

Rule  73.  No  motion  shall  be  entertained  or  considered  in  any 
case  after  the  record  has  been  transmitted  to  a  reviewing  officer. 

In  ex  parte  cases,  where  the  entryman  has  been  allowed  by  the 
Commissioner  to  furnish  additional  evidence  or  to  show  cause,  or. 
in  the  alternative,  to  appeal,  both  the  evidence  or  showing  and  the 
appeal  are  filed,  the  Commissioner  shall  pass  upon  the  evidence  or 
snowing  submitted,  and,  if  found  sufficient,  note  the  appeal  as 
closed.  If  such  evidence  or  showing  be  found  insufficient,  the  appeal 
will  be  forwarded  to  the  Secretary  as  in  other  cases. 

Appeal  from  the  Commissioner  to  the  Secretary. 

Rule  74.  Except  as  herein  otherwise  provided,  an  appeal  may 
be  taken  to  the  Secretary  of  the  Interior  from  the  final  decision  of 
the  Commissioner  in  any  proceeding  relating  to  the  disposal  of  the 
public  lands  and  private  claims. 

Rule  75.  No  appeal  shall  be  had  from  the  action  of  the  Com- 
missioner affirming  the  decision  of  the  local  officers  in  any  case 
•where  the  party  adversely  affected  shall  have  failed  to  appeal  from 
the  decision  of  said  local  officers. 


520 

Vol.  4,  page  559,  162,  270,277,285,314;  vol.5,  59,  175,253,625;  vol.  6,  772, 
804;  vol.  7,  358,  405;  vol.  8,  373;  vol.  9,  389;  vol.  10,  252;  vol.  13,  279,  348,  707, 
721;  vol.  14,  698;  vol.  15,  188;  vol.  17,  509,  578:  vol.  18,  419;  vol.  19,  34,  382- 
vol.  21,  555;  vol.  22,  641. 

Rule  76.  Notice  of  appeal  from  the  Commissioner's  decision 
must  be  served  upon  the  adverse  party  and  filed  in  the  office  of  the 
Register  and  Receiver  or  in  the  General  Land  Office  within  thirty 
days  from  the  date  of  service  of  notice  of  such  decision. 

Vol.  1,  page  464,  473;  vol.  2,  375,  715,  719;  vol.  3,  135;  vol.  4,  226,  244,  551; 
vol.  6,  124,  240;  vol.  9,  189,  265,  278;  vol.  10,  409;  vol.  13,  697;  vol.  14,  428; 
vol.  16,  125;  vol.  17,  146,  482;  vol.  18,  138,  411;  vol.  19,  34,  295;  vol.  20,  89,  411; 
vol.  23,  413;  vol.  24,  277;  vol.  25,  417;  vol.  27,  54,  33,  40. 

Rule  77.  "When  the  Commissioner  considers  an  appeal  defective 
he  will  notify  the  party  thereof;  and  if  the  defect  be  not  cured 
within  15  days  from'  the  date  of  receipt  of  such  notice,  the  appeal 
may  be  dismissed  and  the  case  closed. 

Rule  78.  In  proceedings  before  the  Commissioner  in  which  he 
shall  decide  that  a  party  has  no  right  to  appeal  to  the  secretary, 
such  party  may  apply  to  the  secretary  for  an  order  directing  the 
Commissioner  to  certify  said  proceedings  to  the  secretary  and  sus- 
pend action  until  the  secretary  shall  pass  upon  the  same;  such 
application  shall  be  in  writing,  under  oath,  and  fully  and  specifically 
set  forth  the  grounds  upon  which  the  same  is  made. 

Vol.  1,  page  570,  628;  vol.  2,  68,  419,  769;  vol.  4,  53,  226,  314,  558;  vol.  5, 
255,  507,  673;  vol.  10,  252,  690;  vol.  11,  260;  vol.  12,  259,  397,  478,  635,  722; 
vol.  14,  176;  vol.  15,  191,  244,  527;  vol.  16,  125;  vol.  17,  100;  vol.  18,  420;  vol. 
19,  32,  333;  vol.  20,  178,  287;  vol.  21,  122;  vol.  30,  17;  vol.  33,  40,  517;  vol.  40, 
87,  299. 

Rule  79.  When  the  Commissioner  shall  decide  against  the  right 
of  appeal  he  will  suspend  action  on  the  case  for  20  days  from 
service  of  notice  of  such  decision  to  enable  the  party  against  whom 
the  decision  is  rendered  to  apply  to  the  secretary  for  an  order 
certifying  the  record  as  hereinabove  provided. 

Vol.  10,  page  690;  vol.  15,  244,  527;  vol.  18,  41;  vol.  19,  333;  vol.  20,  287; 
vol.  24,  385. 

Rule  80.  The  appellant  will  be  allowed  20  days  after  service  of 
notice  of  appeal  within  which  to  serve  and  file  brief  and  specifica- 
tion of  error,  as  provided  by  Rule  50,  the  adverse  party  20  days 
after  service  of  such  within  which  to  serve  and  file  reply  thereto; 
appellant  will  be  allowed  10  days  after  service  of  such  reply  within 
which  to  serve  and  file  response :  Provided,  however,  That  if  either 
party  is  not  represented  by  counsel  having  offices  in  the  city  of 
Washington,  10  days  in  addition  to  each  period  above  specified  will 
be  allowed  within  which  to  serve  and  file  the  respective  briefs. 

No  arguments  otherwise  than  above  provided  shall  be  made  or 
filed  without  permission  of  the  secretary  or  Commissioner  granted 
upon  notice  to  the  adverse  party. 

Vol.  40,  page  131. 

Rule  81.  Examination  of  cases  will  be  facilitated  by  filing  argu- 
ments in  printed  form. 

Oral  Argument   Before   the   Secretary. 
1.     Rule  82  is  hereby  amended  to  read  as  follows; 


521 

Rule  82.  Oral  argument  in  any  case  pending  before  the  Secretary  of  the 
Interior  will  be  allowed,  on  motion,  in  the  discretion  of  the  Secretary,  at  a 
time  to  be  fixed  by  him,  after  notice  to  the  parties?  The  counsel  for  each 
party  will  be  allowed  only  one-half  an  hour  unless  an  extension  of  time  ia 
ordered  before  the  argument  begins. 

Eule  83  of  the  rules  of  practice  in  cases  before  the  United  States 
district  land  offices,  General  Land  Office,  and  the  Department  of  the 
Interior,  approved  December  9,  1910,  as  amended  November  6, 
1911,  is  hereby  amended  to  read  as  follows: 

Eule  83.  A  motion  for  rehearing  of  a  cause  by  the  Secretary  of  the 
Interior,  together  with  all  papers  used  in  connection  therewith,  must  be  in 
writing,  and  must,  together  with  evidence  of  service  thereof  on  the  adverse 
party,  be  filed  with  the  Secretary  of  the  Interior  within  30  days  after  service  of 
notice  of  the  decision  in  said  cause. 

Said  motion  must  state  concisely  and  specifically  the  grounds  upon  which 
such  rehearing  is  asked  and  may  be  accompanied  by  written  argument  in  sup- 
port thereof.  No  matters  other  than  those  specified  will  be  considered. 

The  adverse  party  will  be  allowed  15  days  after  the  service  of  the  motion 
upon  him  in  which  to  serve  and  file  with  the  Secretary  of  the  Interior  a  reply 
to  the  motion. 

In  case  no  such  motion  be  filed  within  the  period  above  prescribed  the 
record  will  at  once  be  transmitted  to  the  Commissioner  of  the  General  Land 
Office  for  execution  of  the  judgment  of  the  Secretary.  Like  action  will  be 
taken  immediately  after  the  judgment  of  the  Secretary  on  any  motion  for 
rehearing. 

No  oral  argument  will  be  allowed  on  any  such  motion,  and  this  rule  will 
be  strictly  adhered  to.  If  the  motion  be  granted,  the  Secretary  will  at  once 
proceed  to  dispose  of  the  case,  or,  in  his  discretion,  if  the  motion,  or  the  reply 
thereto,  has  been  accompanied  by  a  request  for  oral  argument  in  the  event  of 
its  being  granted,  will  set  the  cause  down  for  oral  argument.  In  any  case, 
however,  if  the  motion  be  granted,  the  Secretary  may  set  the  cause  down  for 
oral  argument. 

Rule  83,  as  hereby  amended,  will  take  effect  and  be  in  full  force 
on  and  after  December  15,  1911. 

Dated  this  16th  day  of  November,  A.  D.  1911. 

Vol.  4,  pages  53,  275,  314,  495,  508;  vol.  5,  235,  422;  vol.  6,  6,  796;  vol.  12, 
423;  vol.  13,  34;  vol.  14,  683;  vol.  16,  261;  vol.  17,  194;  vol.  19,  104,  584;  vol. 
20,  407,  419;  vol.  22,  671;  vol.  23,  244,  406;  vol.  26,  443;  vol.  34,  573. 

Motions  for  Review  and  Eereview. 

* 

Eule  84.     Motions  for  review  and  rereyiew  are  hereby  abolished. 
Supervisory  Power  of  Secretary. 

Rule  85.  Motion  for  the  exercise  of  supervisory  power  will  be 
considered  only  when  accompanied  by  positive  showing  of  extraor- 
dinary emergency  or  exigency  demanding  the  exercise  of  such 
authority. 

In  proceedings  before  the  Secretary  of  the  Interior  the  same 
rules  shall  govern,  in  so  far  as  applicable,  as  are  provided  for 
proceedings  before  the  Commissioner  of  the  General  Land  Office. 

Rule  86.  No  rule  here  prescribed  shall  be  construed  to  deprive 
the  Secretary  of  the  Interior  of  any  direct  or  supervisory  power 
conferred  upon  him  by  law. 

Attorneys. 

Rule  87.  Every  attorney  before  practicing  before  the  Depart- 
ment of  the  Interior  must  first  file  the  oath  prescribed  by  section 
3478  of  the  Revised  Statutes. 


522 

Vol.  1,  page  120;  vol.  3,  13,  409,  608;  vol.  4,  9;  vol.  11,  395,  441:  vol.  15, 
308;  vol.  16,  261;  vol.  20,  89;  vol.  25,  36;  vol.  39,  161. 

Rule  88.  In  all  cases  where  any  party  is  represented  by  attor- 
ney such  attorney  will  be  recognized  as  fully  controlling  the  same 
on  behalf  of  his  client,  and  service  of  any  notice  or  other  paper 
relating  to  such  proceedings  upon  such  attorney  will  be  deemed 
notice  to  the  party  in  interest. 

Where  a  party  is  represented  by  more  than  one  attorney  service 
of  notice  or  other  papers  upon  one  of  said  attorneys  shall  be 
sufficient. 

Rule  8$.  No  person  hereafter  appearing  as  a  party  or  attorney 
in  any  case  shall  be  entitled  to  notice  of  any  proceeding  therein 
who  does  not,  at  the  time  of  appearance,  file  in  the  office  in  which 
the  case  is  pending  a  statement  showing  his  name  and  postoffice 
address  and  the  name  and  postoffice  address  of  the  party  whom  he 
represents. 

Rule  90.  Any  attorney  in  good  standing  employed,  and  whose 
appearance  is  regularly  entered  in  any  case  pending  before  the 
Department,  will  be  allowed  full  opportunity  to  consult  the  records 
therein,  together  with  abstracts,  field  notes,  tract  books,  and  cor- 
respondence which  is  not  deemed  privileged  and  confidential. 

Vol.  1,  page  120;  vol.  3,  18,  409,  608;  vol.  4,  9;  vol.  11,  441;  vol.  15,  308; 
vol.  16,  261;  vol.  20,  89;  vol.  25,  36,  39,  161. 

Rule  91.  Verbal  or  other  inquiries  by  parties  or  counsel  directed 
to  any  employee  of  the  Department,  except  the  Commissioner,  Assist- 
ant Commissioner,  or  Chief  of  Division  of  the  General  Land  Office, 
of  the  Secretary  and  Assistant  Secretary,  the  Assistant  Attorney 
General,  or  the  first  assistant  attorney  in  the  offices  of  the  Secretary 
of  the  Interior,  or  with  the  consent  of  one  or  more  of  said  officers, 
is  expressly  forbidden. 

Rule  92.  Abuse  of  the  privilege  of  examining  records  of  the 
Department  or  violation  of  the  foregoing  rule  by  any  attorney 
will  be  treated  as  sufficient  cause  for  institution  of  disbarment 
proceedings. 

Service  of  Notices. 

Rule  94.  Fifteen  days,  exclusive  of  the  day  of  mailing,  will  be 
allowed  for  the  transmission  of  notice  or  other  papers  by  mail  from 
the  General  Land  Office,  except  in  case  of  notice  of  resident  attor- 
neys, in  which  case  one  day  will  be  allowed. 

In  computing  time  for  service  of  papers  under  these  rules  of 
practice  the  first  day  shall  be  excluded  and  the  last  day  included; 
provided,  however,  that  where  the  last  day  falls  on  Sunday  or  a 
legal  holiday,  such  time  shall  include  the  next  following  business 
day. 

Rule  95.  Notice  of  all  motions  and  proceedings  before  the  Com- 
missioner or  Secretary  shall  be  served  upon  parties  or  counsel  per- 
sonally or  by  registered  mail,  and  no  motion  will  be  entertained 
except  on  proof  of  service  of  notice  thereof. 

Rule  96.  Ex  parte  proceedings  and  proceedings  in  which  the 
adverse  party  does  not  appear  will,  as  to  notice  of  decision,  time 
for  appeal,  and  filing  of  exceptions  and  arguments,  be  governed  by 
the  rules  prescribed  in  other  cases,  so  far  as  the  same  are  appli- 


523 

cable.  In  such  cases  the  Commissioner  or  Secretary  may,  pursuant 
to  application  and  upon  good  cause  being  shown  therefor,  permit 
additional  evidence  to  be  presented  for  the  purpose  of  curing  defects 
in  the  proofs  of  record. 

Intervention. 

Rule  97.  No  person  shall  be  allowed  to  intervene  in  any  case 
except  upon  application  therefor,  under  oath,  showing  his  interest 
therein. 

These  Rules  of  Practice  will  be  effective  on  and  after  February 
1,  1911. 

Fred  Dennett, 

Commissioner  of  the  General  Land  Office. 
Approved  :     December  9,  1910. 
R.  A.  Ballinger, 

Secretary. 

Regulations  Governing  the  Recognition  of  Agents  and  Attorneys 
Before  District  Land  Officers. 

The  following  matter  relative  to  attorneys  has  been  taken  from 
the  Rules  of  Practice  in  force  prior  to  February  1,  1911 : 

1.  An  attorney  at  law  who  desires  to  represent  claimants  or 
contestants  before  a  district  land  office  must  file  a  certificate,  under 
the  seal  of  a  United  States,  State,  or  Territorial  court  for  the  judicial 
district  in  which  he  resides  or  the  local  land  office  is  situated,  that 
he  is  an  attorney  in  good  standing. 

2.  Any  person  (not  an  attorney  at  law)  who  desires  to  appear 
as  an  agent  for  claimants  or  contestants  before  a  district  land  office 
must  file  a  certificate  from  a  judge  of  a  United  States  court,  or  of 
a  State  or  Territorial  court  having  common-law  jurisdiction,  except 
probate  courts,  in  the  county  wherein  he  resides  or  the  local  office  is 
situated,  duly  authenticated  under  the  seal  of  the  court,  that  such 
person  is  of  good  moral  character  and  in  good  repute,  possessed  of 
the  necessary  qualifications  to  enable  him  to  render  clients  valuable 
service,  and  otherwise  competent  to  advise  and  assist  them  in  the 
presentation  of  their  claims  or  contests. 

3.  The  oath  of  allegiance  required  by  section  3478  of  the  United 
States  Revised  Statutes  must  also  be  filed  by  applicants.     In  case  of 
a  firm,  the  names  of  the  individuals  composing  the  firm  must  be 
given,  and  a  certificate  and  oath  as  to  each  member  of  the  firm  will 
be  required. 

4.  An  applicant  to  practice  under  the  above  regulations  must 
address  a  letter  to  the  Register  and  Receiver,  inclosing  the  certifi- 
cate and  oath  above  required,  in  which  letter  his  full  name  and 
postoffice  address  must  be  given.     He  must  state  whether  or  not  he 
has  ever  been  recognized  as  an  attorney  or  agent  before  this  De- 
partment or  any  bureau  thereof,  or  any  of  the  local  land  offices, 
and,  if  so,  whether  he  has  ever  been  suspended  or  disbarred  from 
practice.     He  must  also  state  whether  he  holds  any  office  under  the 
Government  of  the  United  States. 

After  an  application  to  practice  has  been  filed  in  due  form,  the 
Register  and  Receiver  will  recognize  the  applicant  as  an  attorney 
or  agent,  as  the  case  may  be,  unless  they  have  good  reason  to 


524 

believe  that  the  person  making  the  application  is  unfit  to  practice 
before  their  offices,  or  unless  otherwise  instructed  by  the  Commis- 
sioner or  Secretary. 

Registers  and  Receivers  must  keep  a  record  of  the  names  and 
residences  of  all  attorneys  and  agents  recognized  as  entitled  to 
represent  clients  in  their  several  offices^ 

Every  attorney  must,  either  at  the  time  of  entering  his  appear- 
ance for  a  claimant  or  contestant  or  within  thirty  days  thereafter, 
file  the  written  authority  for  such  appearance,  signed  by  said 
claimant  or  contestant,  and  setting  forth  his  or  her  present  resi- 
dence, occupation,  and  postoffice  address.  Upon  a  failure  to  file 
such  written  authority  within  the  time  limited,  it  is  the  duty  of  the 
Register  and  Receiver  to  no  longer  recognize  him  as  attorney  in  the 
case. 

An  attorney  in  fact  will  be  required  to  file  a  power  of  attorney 
of  his  principal,  duly  executed,  specifying  the  power  granted  and 
stating  the  party's  present  residence,  occupation,  and  postoffice 
address. 

When  the  appearance  is  for  a  person  other  than  a  claimant  or 
contestant  of  record,  the  attorney  or  agent  will  be  required  to  state 
the  name  of  the  person  for  whom  he  appears,  his  postoffice  address, 
the  character  and  extent  of  his  interest  in  the  matter  involved,  and 
when  and  from  what  source  it  was  acquired.  Authorizations  and 
powers  signed  or  executed  in  blank  will  not  be  recognized. 

If  any  attorney  or  agent  shall  knowingly  commit  any  of  the 
following  acts,  viz :  Represent  fictitious  or  fraudulent  entrymen ; 
prosecute  collusive  contests;  speculate  in  relinquishments  of  en- 
tries; assist  in  procuring  illegal  or  fraudulent  entries  or  filings; 
represent  himself  as  the  attorney  or  agent  of  entrymen  when  he  is 
only  attorney  or  agent  for  a  transferee  or  mortgagee ;  conceal  the 
name  or  interest  of  his  client ;  give  pernicious  advice  to  parties 
seeking  to  obtain  title  to  public  land ;  attempt  to  prevent  a  quali- 
fied person  from  settling  upon,  entering,  or  filing  for  a  tract  of 
public  land  properly  subject  to  such  entry  or  filing,  or  be  other- 
wise guilty  of  dishonest  or  unprofessional  conduct,  or  who,  in  con- 
nection with  business  pending  in  local  land  offices  or  in  this  Depart- 
ment, shall  knowingly  employ  as  subagent,  clerk,  or  correspondent 
a  person  who  has  been  guilty  of  any  one  of  these  acts,  or  who  has 
been  prohibited  from  practicing  before  the  Register  and  Receiver 
or  this  Department,  it  will  be  sufficient  reason  for  his  disbarment 
from  practice,  and  Registers  and  Receivers  are  authorized  to  refuse 
to  further  recognize  any  person  as  agent  or  attorney  who  shall  be 
known  to  them  or  be  proven  before  them  to  be  guilty  of  improper 
and  unprofessional  conduct  as  above  stated. 

An  attorney  or  agent  who  has  been  admitted  to  practice  in  any 
particular  land  district  may  be  enrolled  and  authorized  to  practice 
in  any  other  district  upon  filing  with  the  Register  and  Receiver  of 
such  district  a  certificate  of  the  Register  or  Receiver  before  whom 
he  was  admitted  to  practice  that  he  is  an  attorney  or  agent  in  good 
standing. 

Any  unprofessional  conduct  on  the  part  of  an  attorney  or  agent 
should  be  reported  to  the  Commissioner  at  once,  together  with  the 
action  of  the  local  land  officers  in  the  premises. 

Appeals  from  the  action  of  the  Register  and  Receiver  in  refusing 


525 

to  admit  to  practice  or  in  refusing  to  further  recognize  an  agent  or 
attorney  will  lie  to  the  Commissioner  and  Secretary,  as  in  other 
appealable  cases.  (Circular  approved  March  19,  1887,  5  L.  D., 
509.) 

Laws  and  Regulations  Governing  the  Recognition  of  Agents,  Attor- 
neys, and  Other  Persons  to  Represent  Claimants  Before  the 
Department  of  the  Interior  and  the  Bureaus  Thereof. 

l.— Laws. 

The  following  statutes  relate  to  the  recognition  of  attorneys  and 
agents  for  claimants  before  this  Department : 

"That  the  Secretary  of  the  Interior  may  prescribe  rules  and 
regulations  governing  the  recognition  of  agents,  attorneys,  or  other 
persons  representing  claimants  before  his  Department,  and  may 
require  of  such  persons,  agents,  or  attorneys,  before  being  recog- 
nized as  representatives  of  claimants,  that  they  shall  show  that  they 
are  of  good  moral  character  and  in  good  repute,  possessed  of  the 
necessary  qualifications  to  enable  them  to  render  such  claimants 
valuable  service,  and  otherwise  competent  to  advise  and  assist  such 
claimants  in  the  presentation  of  their  claims;  and  such  Secretary 
may,  after  notice  and  opportunity  for  a  hearing,  suspend  or  exclude 
from  further  practice  before  his  Department  any  such  person,  agent, 
or  attorney  shown  to  be  incompetent,  disreputable,  or  who  refuses 
to  comply  with  the  said  rules  and  regulations,  or  who  shall  with 
intent  to  defraud  in  any  manner  deceive,  mislead,  or  threaten  any 
claimant  or  prospective  claimant  by  word,  circular,  letter,  or  by 
advertisement."  *  (Act  July  4,  1884,  sec.  5;  23  Stats.,  101.) 

"Every  officer  of  the  United  States,  or  person  holding  any  place 
of  trust  or  profit,  or  discharging  any  official  function  under,  or 
in  connection  with,  any  Executive  Department  of  the  Government 
of  the  United  States,  or  under  the  Senate  or  House  of  Representa- 
tives of  the  United  States,  who  acts  as  an  agent  or  attorney  for 
prosecuting  any  claim  against  the  United  States,  or  in  any  manner, 
or  by  any  means,  otherwise  than  in  discharge  of  his  proper  official 
duties,  aids  or  assists  in  the  prosecution  or  support  of  any  such 
claim,  or  receives  any  gratuity,  or  any  share  of  or  interest  in  any 
claim  from  any  claimant  against  the  United  States,  with  intent  to 
aid  or  assist,  or  in  consideration  of  having  aided  or  assisted,  in  the 
prosecution  of  such  claim,  shall  pay  a  fine  of  not  more  than  five 
thousand  dollars,  or  suffer  imprisonment  not  more  than  one  year,  or 
both."  (Section  5498,  Revised  Statutes.) 

"It  shall  not  be  lawful  for  any  person  appointed  after  the  first 
day  of  June,  one  thousand  eight  hundred  and  seventy-two,  as  an 
officer,  clerk,  or  employe  in  any  of  the  departments,  to  act  as  coun- 
sel, attorney,  or  agent  for  prosecuting  any  claim  against  the  United 
States  which  was  pending  in  either  of  said  departments  while  he 
was  such  officer,  clerk,  or  employe,  nor  in  any  manner,  nor  by  any 
means,  to  aid  in  the  prosecution  of  any  such  claim,  within  two  years 
next  after  he  shall  have  ceased  to  be  such  officer,  clerk,  or  employe." 
(Section  190,  Revised  Statutes.) 

"Any  person  prosecuting  claims,  either  as  attorney  or  on  his 
own  account,  before  any  of  the  departments  or  bureaus  of  the 
United  States,  shall  be  required  to  take  the  oath  of  allegiance,  and 


526 

to  support  the  Constitution  of  the  United  States,  as  required  of 
persons  in  the  civil  service."  (Section  3478,  Revised  Statutes.) 

"The  oath  provided  for  in  the  preceding  section  may  be  taken 
before  any  justice  of  the  peace,  notary  public,  or  other  person  who 
is  legally  authorized  to  administer  an  oath  in  the  State  or  district 
where  the  same  may  be  administered."  (Section  3479,  Revised 
Statutes.) 

The  Act  of  May  13,  1884,  sec.  2  (23  Stats.,  22),  provides  that  the 
oath  above  required  shall  be  that  prescribed  by  section  1757,  Revised 
Statutes,  which  is  as  follows : 

I,  A  B,  do  solemnly  swear  (affirm)  that  I  will  support  and  defend  the 
Constitution  of  the  United  States  against  all  enemies,  foreign  and  domestic; 
that  I  will  bear  true  faith  and  allegiance  to  the  same;  that  I  take  this  obliga- 
tion freely,  without  any  mental  reservation  or  purpose  of  evasion;  and  that  I 
will  well  and  faithfully  discharge  the  duties  of  the  office  on  which  I  am  about 
to  enter.  So  help  me  God. 

2. — Regulations. 

1.  Under  the  authority  conferred  on  the  Secretary  of  the  In- 
terior by  the  fifth  section  of  the  Act  of  July  4,  1884,  it  is  hereby 
prescribed  that  an  attorney  at  law  who  desires  to  represent  claim- 
ants before  the  Department  or  one  of  its  bureaus  shall  file  a  cer- 
tificate of  the  clerk  of  the  United  States,  State,  or  Territorial  court, 
duly  authenticated  under  the  seal  of  the  court,  that  he  is  an  attorney 
in  good  standing. 

2.  Any  person  (not  an  attorney  at  law)  who  desires  to  appear 
as  agent  for  claimants  before  the  Department  or  one  of  its  bureaus 
must  file  a  certificate  from  a  judge  of  a  United  States,  State,  or 
Territorial  court,  duly  authenticated  under  the  seal  of  the  court, 
that  such  person  is  of  good  moral  character  and  in  good  repute, 
possessed  of  the  necessary  qualifications  to  enable  him  to  render 
claimants  valuable  service,  and  otherwise  competent  to  advise  and 
assist  them  in  the  presentation  of  their  claims. 

3.  The  Secretary  may  demand  additional  proof  of  qualifications, 
and  reserves  the  right  to  decline  to  recognize  any  attorney,  agent,  or 
other  person  applying  to  represent  claimants  under  this  rule. 

4.  The  oath  of  allegiance  required  by  section  3478  of  the  United 
States  Revised  Statutes  must  also  be  filed. 

5.  In  the  case  of  a  firm,  the  names  of  the  individuals  composing 
the  firm  must  be  given,  and  a  certificate  and  oath  as  to  each  member 
of  the  firm  will  be  required. 

6.  Unless  specially  called  for,  the  certificate  above  referred  to 
will  not  be  required  of  any  attorney  or  agent  heretofore  recognized 
and  now  in  good  standing  before  the  Department. 

7.  An  applicant  for  admission  to  practice  under  the  above  regu- 
lations must  address  a  letter  to  the  Secretary  of  the  Interior,  inclos- 
ing the  certificate  and  oath  above  required,  in  which  letter  his  full 
name  and  postoffice  address  must  be  given.     He  must  state  whether 
or  not  he  has  ever  been  recognized  as  attorney  or  agent  before  this 
Department  or  any  bureau  thereof,  and,  if  so,  whether  he  has  ever 
been  suspended  or  disbarred  from  practice.     He  must  also   state 
whether  he  holds  any  office  of  trust  or  profit  under  the  Government 
of  the  United  States. 

8.  No  person  who  has  been  an  officer,  clerk,  or  employe  of  this 
Department  within  two  years  prior  to  his  application  to  appear  in 


527 

any  ease  pending  herein  shall  be  recognized  or  permitted  to  appear 
as  an  attorney  or  agent  in  any  such  case  as  shall  have  been  pending 
in  the  Department  at  or  before  the  date  he  left  the  service :  Pro- 
vided, This  rule  shall  not  apply  to  officers,  clerks,  or  employes  of  the 
Patent  Office,  nor  to  cases  therein. 

9.  Whenever  an  attorney  or  agent  is  charged  with  improper 
practices  in  connection  with  any  matter  before  a  bureau  of  this 
Department,  the  head  of  such  bureau  shall  investigate  the  charge, 
giving  the  attorney  or  agent  due  notice,  together  with  a  statement 
of  the  charge  against  him,  and  allow  him  an  opportunity  to  be 
heard  in  the  premises.     When  the  investigation  shall  have  been  con- 
cluded, all  the  papers  shall  be  forwarded  to  the  Department,  with  a 
statement  of  the  facts  and  such  recommendations  as  to  disbarment 
from  practice  as  the  head  of  the  bureau  may  deem  proper,  for  the 
consideration  of  the  Secretary  of  the  Interior.     During  the  investi- 
gation the  attorney  or  agent  will  be  recognized  as  such,  unless  for 
special    reasons    the    Secretary    shall    order    his    suspension    from 
practice. 

10.  If  any  attorney  or  agent  in  good  standing  before  the  Depart- 
ment shall  knowingly  employ  as  subagent  or  correspondent  a  person 
who  has  been  prohibited  from  practice  before  the  Department,  it 
will  be  sufficient  reason  for  the  disbarment  of  the  former  from 
practice. 

11.  Upon  the  disbarment  of  an  attorney  or  agent,  notice  thereof 
will  be  given  to  the  heads  of  bureaus  of  this  Department,  and  to  the 
other    Executive    Departments;    and    thereafter,    until    otherwise 
ordered,  such  disbarred  person  will  not  be  recognized  as  attorney  or 
agent  in  any  claim  or  other  matter  before  this  Department  of  any 

bureau  thereof. 

[In  reply  please  refer  to  Circular  No.  127.] 

APPLICATIONS  TO  PRACTICE  BEFORE   LOCAL   OFFICES. 

Department  of  the  Interior, 

General  Lapd  Office, 
Washington,  June   11,  1912. 
Registers  and  Receivers. 

Sirs:  Hereafter  whenever  there  is  filed  -with  you  an  application  to  prac- 
tice as  agent  or  attorney  before  your  office  you  will  defer  action  thereon,  advise 
the  Chief  of  Field  Division  of  the  filing  thereof,  and  await  his  report  on  the 
same.  Where  the  Chief  of  Field  Division  advises  you  that  there  is  no  objec- 
tion on  his  part  to  the  admission  of  the  applicant  you  will  proceed  to  act  upon 
the  same  in  the  usual  way  and  in  your  report  on  Form  4-285  to  this  office 
yoii  will  state  that  the  Chief  has  reported  favorably  on  the  application.  In 
case  he  reports  that  he  desires  to  make  a  report  to  this  office  you  will  further 
defer  action  until  receipt  of  advice  from  this  office. 
Very  respectfully. 

Fred  Dennett, 

Commissioner. 

TABLE  OF  REVISED  STATUTES  CITED  AND  CONSTRUED. 


1..  .30,  462;  31,  287;  33,  555. 

161..  .37,  119. 

190.  .  .2,  25;  4,  179;  13,  615;  33,  138. 

236.  .  .2,  109. 

244. .  .2,   109;  5,  240. 

409..  .5,   240. 

436..  .20,  543. 

437..  .13,  615. 


528 

441.  . .  .5,  494;  8,  275;  11,  98;  12,  691;  13,  13;  14,  444;  19,  314;  24,  107;  26,  39, 
458;  27,  8;  28,  568;  29,  5;  30,  265,  576;  31,  300,  306,  348;  32,  585; 
33,  555;  34,  456;  36,  415,  448;  37,  119;  38.  61;  40,  o39,  887. 

446 13,  13. 

449 9,  14;  10,  99. 

450 30,  295;  31,  348. 

451 30,  295;  31,  348. 

452 11,  452;  15,  266;  6,  546;  17,  86;  18,  394,  425;  19,  474;  24,  393;  25,  334; 

26,  122;  29,  76,  333;  30,  139;  33,  435;  37,  205;  38,  347;  39,  177. 

453 3,  476,  552;  4,  104;  5,  493,  573,  673;  8,  275;  10,  99;  11,  97;  12,  328;  13, 

3,  497;  14,  620;  17,  108;  19,  314;  24,  122;  26,  39,  460;  27,  8;  28,  566; 
30,  576;  31,  158,  300,  306,  348;  37,  119;  38,  453;  40,  539,  887. 

454 22,  270. 

456 4,  270. 

458 30,  265,  295;  31,  348. 

460 24,  415. 

461 24,  415.  887. 

463 29,  5;  5,  525;  28,  566,  462;  11,  98. 

465 5,  524. 

552 36,  61;  34,  605. 

559 30,  540. 

637....  11,  562. 

720 5,  481. 

848 33,  59,  910;  40,  541. 

850 39,  603;  33,  66. 

877 33,  59. 

891 887. 

914 10,  240;  39,  63. 

997 5,  113. 

1046 2,  830. 

1059 4,  6. 

1063 4,  6. 

1093 4,  6. 

1768 1,  548. 

1757 5,  338. 

1778 2,  830. 

1907 2,  209. 

1818 25,  254. 

1839 24,  529. 

1851 24,  529. 

1946. .  .  .4,  98;  6,  74;  7,  549;  9,  554;  14,  633;  16,  110;  27,  36;  30,  315;  1,  633. 

1947 15,  388;  6,  74. 

1954 30,  418. 

1959 30,  418. 

1978 15,  177. 

1992 1,  491;  19,  283. 

1993 19,  283. 

1994 18,  530. 

L991 33,  232. 

2025 1,  109. 

2079....  10,  330. 
2103....  19,  323. 

2115 21,  291. 

2122 38,  26;  3,  476,  552. 

2123 38,  26. 

2133 33,  215. 

2134 36,  197 

2147 29,  6. 

2149 29,  6. 

2165.... 1,  83;  2,  195;  4,  107;  6,  757;  7,  59;  8,  290;  9,  587;  16,  103;  18,  530; 
25,  425;  26,  255;  28,  139;  29,  627. 

2166 14,  509;  16,  353. 

2167 2,  195,  612;  8,  60;  17,  580;  28,  138. 

2168 2,  101;  6,  11;  8,  60,  289;  17,  581;  18,  530. 

2169 36,  278;  37,  87. 

2170 2,  252. 

2172.... 1,  31,  518;  2,  611,  612;  4,  616;  8,  60;  16,  103;  38,  258. 


629 

2177.... 28,  141;  40,  490. 

2212 18,  601. 

2215 27,  584. 

2218 24,  122;  27,  47. 

2223.... 4,  270;  24,  395;  31,  75,  250;  32,  440. 

2224 24,  395. 

2225 24,  395. 

2226.... 24,  395. 

2227 24,  395. 

2228 24,  395. 

2229.... 24,  395. 
2230.... 24,  395. 
2231.... 24,  395;  27,  450. 

2232 24,  395. 

2233 24,  395. 

2234 24,  395;  32,  556;  33,  163. 

2235 11,  20. 

2237.... 9,  61. 

2238.... 1,  31,  512;  2,  662,  663,  666,  667;  3,  126;  5,  577,  698;  9,  61;  10,  333; 

12,  478,  532;  13,  721,  729;  14,  645;  17,  245;  22,  36;  24,  66,  544;  25, 
370,  536,  657;  27,  285,  303;  28,  553;  29,  72,  319,  414;  30,  337;  32,  555; 
23,  82,  376,  629,  633;  34,  226;  36,  578;  37,  180 102 

2239 1,  518;  2,  663;  5,  578;  21,  382;  26,  657;  33,  629,  633. 

2240 29,  415. 

2242 2,  666;  5,  580;  26,  659. 

2246 40,  140. 

2257 2,  640. 

2258 1,  457;  2,  604,  635;  3,  172,  282,  358;  6,  333,  522,  749;  9,  411,  533;  10, 

204,  650;  11,  479;  12,  261,  438,  564;  13,  433;  14,  114,  159;  15,  44,  108; 

23,  465;  27,  15,  489;  28,  63;  30,  255. 

2259.  ..  .1,  436,  443,  491;  2,  131,  599,  855;  3,  272,  298,  463;  4,  72,  140,  189,  199, 
211,  515;  5,  538,  633;  6,  602;  8,  433,  438,  503;  9,  43;  10,  628;  11,  89; 

13,  540,  579;  14,  76,  115,  233,  402;  17,  201,  563;  19,  167;  22,  260; 
25,  30;  34,  314;  35,  578;  37,  112. 

2260 1,  436,  462;  2,  579,  618,  685;  3,  56,  273,  437,  500,  518;  4,  199,  432; 

5,  413;  6,  287,  407,  422,  467,  792;  7,  69,  195,  290,  436,  472,  513; 
8,  132,  367,  502;  9,  160,  463,  512,  605,  619;  10,  103,  117,  208,  326, 
447,  461;  11,  164,  539,  553;  12,  244,  455,  529;  13,  95,  248,  375,  392; 

14,  215,  309,  313,  627;  15,  85,  161,  526;  16,  67,  85,  280,  332,  466,  562; 
17,  202;  18,  362,  399;  19,  166;  20,  64;  21,  505;  25,  30. 

2261 1,  436,  443,  480;  2,  854;  3,  258;  4,  10,  189;  5,  537,  645;  6,  104,  298, 

407,  602,  617,  786,  793;  7,  31,  40,  261,  290,  317,  396;  9,  85;  11,  318, 

322;  12,  111;  13,  252;  15,  402;  19,  112;  25,  30. 
2262 1,  408,  409,  453,  482,  536;  2,  559,  622,  779;  3,  24,  96,  154,  289,  519; 

4,  211;  6,  384,  603,  749;  7,  34;  8,  272;  9,  160;  10,  551,  635;  12,  22; 

13,  378;  14,  403;  15,  147;  25,  30;  38,  358. 
2263 1,  453,  493;  2,  582;  3,  25,  97,  298,  463;  6,  420;  7,  89;  8,  274;  9,  316; 

10,  431;  13,  16,  657;  26,  460. 
2264 1,  149;  3,  46,  118,  272;  5,  474;  8,  347;  9,  43;  10,  388,  431,  652;  14,  624; 

15,  219;  16,  521;  24,  578;  30,  567;  31,  48;  36,  320;  38,  358. 

2265 1,  383,  416,  432,  497;  2,  578,  855,  858;  5,  118,  282;  4,  388;  5,  189,  250, 

625,  633;  6,  392,  517,  604;  7,  539;  8,  347,  394,  417;  9,  43,  358;  10, 
387,  431,  647;  14,  208,  231;  15,  97,  398;  17,  202,  548;  18,  215;  21,  453; 

24,  523;  27,  534;  29,  300;  30,  3,  184,  567;  31,  48;  32,  245;  36,  320. 
2266....  1,  416;  2,  578;  9,  174;  11,  89;  14,  387;  18,  215;  21,  453;  22,  81,  260;  29, 

300;  30,  3;  31,  48;  35,  94. 
2267 1,  488,  497;  2,  855;  3,  435;  5,  530;  6,  604;  8,  394,  417;  10,  216,  614, 

630,  647;  14,  208,  387;  17,  202,  548;  28,  81,  478. 
2268.... 8,  572;  19,  82. 
2269 3,  274,  545;  4,  140;  5,  307;  6,  31,  136,  671;  8,  405,  455;  9,  452;  11,  477; 

13,  245,  597;  14,  388,  468;  15,  494;  20,  410;  37,  162;  38,  523. 

2271 1,  364;  3,  442;  4,  157;  15,  258. 

2272 2,  856;  3,  271. 

2273 2,  45;  3,  51,  433;  4,  508;  8,  274;  13,  16. 

2274.... 1,  414;  2,  104,  131,  150,  588;  3,  284,  610;  4,  27,  519;  6,  139,  S27;  7,  3; 

8,  536;  10,  234;  13,  20,  335;  18,  297;  19,  298;  20,  494;  21,  228; 

22,  80;  23,  190;  27,  154,  629;  28,  5,  137,  142. 


530 

2275 1,  363;  2,  631;  3,  230,  383;  5,  545;  6,  74,  697;  9,  554;  11,  381,  382,  530; 

12,  71,  400;  13,  380,  729;  14,  214,  226,  233;  15,  10;  16,  437;  17,  72, 
267,  575;  18,  343;  19,  585;  20,  36,  103,  327;  21,  220;  22,  429;  23,  315, 
423;  24,  12,  15,  548,  582;  25,  40;  26,  511,  536,  669;  27,  35;  28,  57, 
195,  375;  29,  132,  183,  364,  399,  695;  30,  88,  188,  245,  316,  438,  439;  31, 
336;  32,  574;  33,  356,  456,  638;  34,  435,  600,  614,  659;  35,  173,  581; 
36,  94;  37,  431,  471,  501;  38,  249,  357. 

2276 5,  545;  6,  696;  12,  71,  391,  400;  13,  381,  708,  729;  14,  214,  227;  16,  437; 

17,  267,  575;  18,  344;  19,  206,  585;  20,  103,  327;  21,  220;  22,  429;  23, 
315,  423;  24,  12,  106,  423,  548;  26,  669;  27,  36;  28,  368;  29,  132, 
183,  695;  30,  88,  245;  32,  183;  33,  456;  34,  600,  614,  659;  36,  94;  37, 
431,  471;  38,  249,  351. 

2277    1  534*  2  599 

2279!!  IX  131;  2>7»  441>  489,  535,  648;  31,  226;  38,  514. 

2281 1,  362,  382;  9,  404,  425;  28,  30 345 

2282 1,  384;  11,  372  346 

2283 2,  131;  4,  340;  5,  310;  6,  601;  7,  271;  31,  226 346 

2286 14,  76;  38,  92,  107 345 

2287 1,  384;  2,  107,  108 347 

2288 12,  406;  14,  152;  15,  44;  20,  509;  22,  189;  26,  52,  347,  669;  28,  561; 

32,  484;  39,  247,  384 342 

2289 1,  38,  384;  2,  82,  97,  112,  130,  639;  3,  230,  274,  284;  4,  465,  564;  5,  95, 

124,  172,  197,  683;  8,  289;  9,  144,  389,  534,  606;  10,  100,  423,  488,  579, 
635,  650;  11,  509;  12,  261,  407;  13,  144,  437,  520,  595,  614;  14,  269, 
362;  15,  158,  121,  258,  285,  304;  16,  512,  520,  566;  17,  243,  548; 

18,  347,  397;  19,  96,  117;  21,  22,  116,  295;  22,  95,  490,  594;  23,  462, 
547;  24,  154,  243,  259,  343;  25,  83,  134,  272,  457;  26,  62,  319;  28,  61, 
139,  208,  251;  29,  217,  373,  533,  648;  30,  127,  371,  376,  561;  31,  87, 
146,  226,  321;  32,  226,  340;  33,  456,  537;  34,  66;  314,  578,  701,  702; 

35,  325;  36,  84,  97,  259,  434;  37,  4,  130;  38,  203,  514;  39,  131,  130, 
251,  299,  365  342 

2289.  ..  .40,94,  114,  144,  145,  184,  196,  259,  260,  355,  356,  420,  421,  446,  526, 

527  342 

2290 1,  31,  363;  2,  53,  55;  3,  19;  4,  435,  465;  6,  257;  9,  45,  210;  12,  407; 

13,  206,  614;  15,  204;  16,  372;  18,  484,  540;  19,  164;  20,  142;  21,  295, 
383;  22,  547;  23,  462;  24,  80,  157,  125,  278,  281,  457;  26,  52,  709; 
27,  605,  711;  32,  141,  339;  33,  82;  34,  314,  491,  532;  35,  48,  128,  169, 
499,  532;  39,  132,  367 342 

2291 1,  31,  65,  637;  2,  77,  84,  87,  91,  99,  147;  3,  141,  466,  508;  4,  211,  434; 

5,  147;  6,  131,  142,  361,  516,  573,  671;  7,  362;  8,  45,  54,  246,  286,  551, 
566;  9,  150,  268,  600;  10,  209,  275,  333,  543;  11.  312;  12,  132,  623,  645; 
13,  42,  132,  228,  714;  15,  166,  183,  233,  409,  551;  15,  351,  463,  557; 
17,  157,  214,  245,  294;  20,  99,  304,  437,  535;  21,  175,  383;  22,  403, 
426,  446,  515;  23,  155,  159,  304,  458,  568;  24,  80,  157,  183,  185,  400, 
502;  25,  2,  260,  284,  457,  445;  26,  52,  243,  438;  27,  672;  28,  55;  29, 
276,  313,  661;  30,  38,  214;  31,  358;  32,  310,  391,  408,  428,  653;  33, 
25,  27,  228,  331,  344,  387,  486,  527;  35,  338,  513;  36,  251;  37,  162; 
38,  191,  526;  39,  225,  248,  293,  347;  40,  69,  116,  120,  229,  489,  490, 
574  amended  76,  310,  640 

2292 1,  42,  65,  88;  2,  75,  98,  2;  6,  674;  8,  455;  9,  268;  10,  543;  13,  274; 

16,  463;  17,  157,  213,  245,  294;  20,  109;  22,  405;  25,  284;  26,  260; 
29,  275,  375;  32,  310,  428;  33,  25;  36,  332;  37,  162;  38,  632;  40,  489, 
490  342 

2293 1,  363;  3,  448,  481;  7,  223;  31,  171;  37,  713 560-563 

2294 2,  90,  93,  123,  207,  209,  223,  504;  3,  131;  5,  118,  249,  395;  6,  135,  257, 

722;  7,  19,  247;  8,  1,  337;  9,  20,  209;  10,  687;  15,  157,  249,  337;  16, 
100;  18,  365,  485,  540;  20,  112;  21,  295;  22,  526;  23,  140;  27,  156;  28, 
73,  31,  48,  274,  286;  32,  339,  640;  33,  222,  654;  43,  682;  35,  271; 

36,  46;  37,  236,  713;  40,  248 286 

2296 9,  600;  33,  420;  37,  678 90,  343 

2297 1,  32;  2,  29,  40,  48,  52,  58,  70,  151,  166,  289,  619;  3,  19,  22,  568;  4,  255, 

301,  466;  6,  143,  369,  569;  9,  255,  530;  10,  113,  643,  691;  13,  16;  15, 
183,  253;  20,  185;  24,  522;  27,  131;  33,  521;  35,  317;  347;  40,  230 

amended  310,  591 

2298 2,  130;  15,  409;  18,  522;  25,  83,  134;  29,  163;  33,  538;  34,  464;  35, 

521  343 

2299 4,  443;  20,  65  343 

2300 Page  343 


531 

2301....  1,  101;  2,  72;  3,  49,  96,  154,  298,  384,  462;  4,  78,  146,  211,  349,  442; 
5,  95,  676;  6,  8,  311,  420,  573;  7,  177,  201,  233,  477;  8,  45,  336,  566. 
613;  9,  2;  10,  209,  333;  12,  407,  618,  645;  13,  43,  714;  15,  357,  574;  16, 
285;  17,  46,543;  18,  150,  437;  19,  288,  541;  20,  99,  437;  31,  115,  200, 
203,  383,  484;  22,  194,  484,  489,  555,  718;  23,  305;  24,  80;  26,  319,  544; 
28,  208,  272,  405;  29,  661;  30,  79,  137,  196,  374,  375,  540;  31,  47, 
501,  358,  446;  32,  428,  505,  587,  640;  33,  27,  82,  44,  551;  34,  288, 
295,  297;  35,  61,  394,  523,  555,  591,  536;  36,  46,  58,  291,  365;  38, 
592;  39,  74,  225,  329,  562 343 

2302 15,  38;  25,  452;  30,  265;  31,  135;  29,  312;  40,  114 343 

2303.... 6,  745;  8,  156,  514;  31,  135,  136. 

2304 2,  31,  125,  130;  3,  18,  213,  281,  509;  4,  78,  400;  5,  134,  207,  290;  6,  557; 

7,  288,  565;  8,  200,  337;  11,  89,  233;  16,  189,  372;  17,  80,  243,  306;  19, 

31,  38,  165,  241,  546;  20,  9,  336,  437;  21,  536,  552;  22,  246;  23,  354; 
24,  39,  475,  561;  26,  56,  61,  141,  672;  27,  534;  28,  218,  338;  29,  537; 
30,  623;  31,  5,  20,  27,  108,  166,  257,  350,  357,  428;  32,  44,  264,  332, 
357,  408,  572;  33,  4,  84,  277,  331,  478;  34,  2,  118,  248,  335,  336;  35, 
160,  587,  685,  687;  36,  296;  37,  589,  693;  38,  149,  173;  39,  293;  40, 
56,  225,  226,  227,  page 563 

2305.  ..  .2,  31,  107,  108,  148;  3,  141,  583;  4,  400;  5,  209,  674;  7,  362;  8,  28,  337; 

10,  531;  13,  634;  14,  473;  15,  241;  17,  245,  306;  19,  31,  165;  20,  437; 
21,  536,  552;  22,  354;  24,  502;  26,  61,  150,  641;  27,  536;  28,  219;  30, 

23,  624;  31,  166,  170,  428;  32,  333,  341,  408,  428,  572;  33,  277,  478; 
34,  248,  292,  304,  312,  335,  339,  343,  346,  525,  360,  654,  686;  35,  159, 
165,  179,  184,  208,  234;  36,  131,  226,  231,  289,  305,  312,  348,  378,  418, 
435,  486,  499,  531;  37,  4,  28,  112,  194,  332,  474,  589,  712;  38,  48,  71, 
232,  235,  341,  442,  446,  514;  39,  94,  109,  211,  442,  466,  551,  561,  598, 
602;  40,  56  564 

2306 2,  131,  236,  238;  3,  391,  295,  510;  4,  323;  5,  10,  125,  264,  290,  319;  6, 

577;  7,  237,  287,  565;  8,  235,  237;  9,  389;  10,  355,  692;  11,  233;  13, 
275,  485,  520;  14,  205;  15,  114,  148,  183;  16,  519;  17,  80,  171,  244,  484, 
512;  18,  111;  19,  164,  241,  268,  546;  20,  437;  22,  354;  22,  669;  23,  123, 
152,  465,  498;  24,  36,  291,  502;  25,  161;  27,  565;  28,  216;  29,  274,  510, 
537,  599,  644,  658;  30,  39,  51,  61,  186,  611;  31,  20,  26,  104, 165,  226,  256, 
320,  321,  350,  357,  428,  431,  442,  444;  32,  14,  41,  184,  203,  206,  246, 
262,  285,  295,  357,  376,  419,  586;  33,  275,  229,  362,  364,  420,  435,  520, 
525,  648;  34,  249,  335,  393,  633;  35,  160,  557;  36,  296;  37,  589,  693;  38, 
149;  39,  291;  40,  56,  72,  189,  190,  196,  225,  227,  410,  448,  401.  ..  .564 

2307 2,  31,  180,  241;  3,  395;  4,  78;  5,  265;  7,  34,  547;  8,  337;  10,  355,  424, 

531,  548;  11,  233;  13,  485;  15,  408;  17,  243;  20,  437;  22,  354;  23,  315; 

24,  473,  562;  25,  209;  29,  163,  337,  599,  659;  31,  19,  257,  350,  444; 

32,  14,  206,  265,  298,  333,  357;  33,  84,  127,  331,  435,  478;  34,  118,  335, 
339,  443;  35,  226,  521;  36,  348,  418,  499,  531;  37,  28,  143,  149,  475, 
712;  38,  232,  236,  333,  340;  39,  109,  293,  466;  40,  62,  64,  225,  227, 
410  343 

2308.  . .  .1,  98,  362;  3,  141,  446;  14,  472;  22,  354;  26,  672;  31,  170;  34,  476;  35,  557. 

2309 2,  215;  3,  18,  213;  7,  204;  11,  88;  17,  243;  20,  9,  536;  21,  552;  22,  354; 

24,  39,  562;  34,  256,  264,  408;  34,  177,  248,  453;  35,  397,  689;  36,  57; 
38,  537  343 

2311....  15,  464. 

2313    2  131 

2318!.!!l'  553,'  560;  3,  173;  6,  449;  10,  204;  15,  373;  23,  323,  399,  477;  24,  176, 
574;  25,  235,  353,  521;  27,  15,  55,  290;  29,  395;  31,  135;  33,  110;  34, 
721;  35,  216,  267,  446;  36,  174,  496;  37,  728,  737,  591;  38,  61;  39, 
312  375 

2319.  . .  .1,  551,  560;  2,  472;  3,  116;  4,  565;  5,  257;  6,  105;  7,  73;  8,  197;  10,  641; 

11,  425;  19,  145;  22,  125;  23,  330,  399,  477;  24,  176;  25,  25,  533;  26, 
205;  27,  15;  28,  179;  29,  165,  395,  627;  30,  422,  448,  477;  31,  135;  35, 
46,  267,  446;  36,  62;  37,  728,  337;  38,  61;  39,  312,  326 375 

2320 1,  169;  2,  749;  3,  12;  5,  703;  15,  68;  16,  2;  17,  114,  426,  552;  18,  419; 

19,  456;  21,  442;  23,  227,  357,  399,  476;  25,  236,  253;  26,  205;  27,  92; 

28,  178;  29,  13,  386,  689;  30,  422;  31,  135;  23,  32  et  seq  388,  519;  33, 

145,  560;  34,  11,  323,  471;  35,  24,  654;  37,  728,  737;  38,  61,  505.. 375 
2321 10,  642;  19,  145;  20,  116;  22,  83;  24,  336;  353;  27,  352;  28,  180;  31, 

135,  157,  534,  571 ;  37,  728,  737;  38,  61,  282 375 

2322 1,  558;  2,  748;  3,  540;  5,  257;  6,  319;  10,  202;  15,  420,  505;  16,  118; 

17,  112;  22,  285;  23,  375;  25,  336,  553;  25,  50;  26,  205;  29,  386,  427, 


532 

544,  670;  30,  44,  422,  483;  31,  135;  33,  146;  34,  323;  35,  25,  621,  654; 
37,  728,  737;  38,  61,  62 376 

2323 1,  584;  23,  223;  25,  356,  353;  29,  236;  31,  135;  36,  557;  37,  728,  737;  38. 

61;  40,  17,  20  376 

2324 1,  544;  2,  748,  767;  3,  267;  4,  221,  374;  5,  25,  200;  7,  508;  8,  388,  505; 

10,  158,  534;  14,  44;  21,  447;  22,  410;  23,  223,  269;  24,  577;  25,  366, 
353;  26,  486,  659;  27,  93;  28,  16;  29,  164,  302,  360,  378,  471,  545,  611; 
30,  203,  423,  462,  513;  31,  135,  179;  32,  87,  93,  130,  596;  33,  96,  133, 
378,  35,  56;  37,  728,  737;  38,  61,  64;  40,  545,  546 377 

2325 1,  544,  572,  587,  592;  2,  698,  708,  709,  749,  758;  4,  19,  221,  374;  5,  25, 

200;  6,  105,  221,  261,  547,  580,  647;  7,  393,  478,  555;  8,  103,  122,  273, 
459,  506;  9,  538,  571;  10,  158,  205,  270,  657;  11,  459;  13,  89,  720; 

14,  12,  45,  70,  107,  180,  698;  15,  331,  510,  572;  16,  101,  120,  178; 
17,  113,  285,  560;  20,  145,  456;  21,  33,  219,  337,  442;  22,  7,  17,  84, 
253,  340,  715;  23,  70,  173,  398;  24,  20,  191,  395;  25,  498,  552,  236;  26, 
122,  146,  202,  221,  581;  27,  91,  107,  193,  677;  28,  43,  224,  243,  525, 
550;  29,  8,  12,  65,  115,  155,  157,  158,  162,  231,  250,  290,  302,  359,  401, 
429,  469,  489,  496,  523,  546,  560,  636;  34,  11,  41,  183,  284,  309,  323, 
462,  571,  572,  584,  685;  35,  40,  505,  435,  456,  486,  496;  36,  38,  146, 
147,  201,  563;  37,  728,  737,  157,  716;  38,  61,  139,  282,  471;  40,  191, 
199,  314,  537  378 

2326....  1,  586,  585;  2,  699,  701,  705,  706,  707,  708,  710,  723,  725,  749,  751;  3, 
150,  423;  4,  118,  316;  6,  534;  7,  84,  326,  416;  8,  431;  9,  565;  10,  185, 
194,  205,  535;  11,  8,  154,  392;  12,  295;  13,  720;  14,  70,  181,  309,  642; 

15,  47;  17,  567;  18,  358;  20,  44;  22,  16,  247,  344,  528,  626,  630;  23, 
23,  113,  258,  395;  25,  345,  496;  26,  198,  221,  531,  609;  27,  612,  193,  361, 
373,  375,  677;  28,  43,  243,  526;  29,  64,  71,  115,  139,  159,  194,  230,  235, 
389,  429,  461,  469,  490,  523;  30,  208,  300,  489;  31,  135,  89,  416;  32, 
219,  479,  515;  33,  99,  145,  189,  555,  667,  680;  34,  75,  316,  323,  402, 
570,  685;  35,  35,  305,  496,  552;  37,  728,  737;  38,  61;  40,  537,  538.  .379 

2327 7,  416;  25,  236;  31,  135,  66;  33,  98;  34,  683 379 

2328.... 1,  561;  25,  236;  31,  135;  37,  728,  737,  677;  38,  61 380 

2329.... 2,  713,  764;  3,  17;  6,  227;  11,  442;  12,  2;  16,  118;  17,  552;  19,  13;  21, 
328;  22,  411;  25,  336,  353,  553;  27,  93;  29,  13;  30,  226;  31,  135,  66; 
32,  199,  363;  33,  561;  34,  11,  261;  35,  558,  654;  37,  728,  737,  251,  256, 
257;  38,  61,  62  380 

2330.... 2,  713,  764^  3,  238;  6,  227;  9,  144;  15,  532;  19,  300;  22,  411;  27,  93; 
30,  226;  31,  135,  66;  32,  199,  238,  363;  34,  11,  43,  45,  261;  37,  728,  737, 
251,  256,  257;  38,  61,  62 380 

2331 2,  764;  5,  200;  6,  227,  580;  7,  391;  20,  487;  22,  411;  25,  358;  27,  93;  29, 

14;  30,  226;  31,  135,  66;  32,  199,  363;  34,  11,  43,  45,  261;  35,  558; 
37,  728,  737,  251,  256,  257;  38,  31,  61,  62;  40,  403 380 

2332.  . .  .21,  446;  24,  18;  29,  65,  401,  426,  270;  31,  135;  34,  182,  462;  36,  146;  37, 
728,  737;  38,  61  381 

2333 1,  550,  578;  3,  388;  9,  29;  10,  200;  14,  47,  655;  16,  120;  17,  281;  20,  205; 

23,  99,  477;  26,  205,  625;  27,  16,  662,  667;  29,  8,  691;  31,  135;  32, 
512;  34,  75,  196;  35,  654;  37,  728,  737;  38,  61...' 381 

2334 2,  773;  3,  115;  5,  202;  6,  105;  8,  103;  18,  202,  601;  20,  163;  21,  380;  22, 

134;  26,  576;  27,  584;  29,  586;  31,  135,  157;  36,  563;  37,  728,  737,  98, 
35,  157;  38,  61,  290,  348;  40,  191,  319 381 

2335.... 31,  135;  32,  614;  33,  241,  555,  682;  34,  284,  316,  369;  37,  728,  737;  38, 
61,  62;  40,  199  382 

2336.... 2,  737;  8,  361;  13,  146;  15,  68,  133;  16,  186;  31,  135;  34,  323;  37,  728, 
737;  38,  61  382 

2337.... 1,  557;  2,  755;  3,  387;  4,  214;  5,  190,  513;  6,  261,  547,  707;  7,  557;  8, 
196;  9,  291,  460;  10,  104,  196;  11,  340,  561;  12,  75,  624;  13,  175;  14, 
12,  173,  544;  13,  501,  505;  16,  183;  18,  106;  22,  496;  25,  8,  166;  26,  67, 
675;  27,  374;  29,  143;  31,  135;  32,  129;  34,  321;  36,  146;  37,  728,  737, 
675,  677;  38,  61;  40,  314 382 

2338 31,  135;  37,  728,  737;  38,  61 383 

2339 5,  191;  6,  709;  8,  113;  9,  102;  10,  171;  14,  221;  15,  474,  578;  16,  149; 

20,  155;  26,  305;  28,  476;  29,  23;  31,  135;  32,  256,  463;  36,  483;  37,  78, 
737,  153;  38,  61,  304,  309 383 

2340 5,  191;  10,  171;  15,  472;  16,  149;  26,  305;  28,  476;  40,  433;  29,  213;  31, 

135;  32,  256,  465;  36,  483;  37,  428,  737,  153;  38,  61;  40,  433 383 

2341 2,  755;  19,  300;  31,  135;  37,  728,  737;  38,  61 383 

2342.... 2,  713,  715;  31,  135;  37,  728,  737,  655;  38,  61 384 


533 

2343.... 31,  135;  37,  728,  737;  38,  61 ..384 

2344.... 31,  135;  37,  728,  737;  38,  61 384 

2345 25,  157;  31,  135;  37,  728,  737;  38,  61 384 

2346 31,  135;  37,  728,  737;  38,  61 384 

2347 1,  540;  2,  731;  4,  98;  5,  126,  225;  6,  371,  500,  621;  7,  172,  422;  9,  17; 

10,  540;  11,  34;  13,  414;  14,  335,  486;  15,  322,  591;  16,  144;  17,  368; 
18,  414;  20,  556;  21,  83;  22,  539,  597;  23,  112;  119,  128;  24,  11;  30, 
93,  368;  31,  135;  32,  446;  34,  178,  200,  267,  444,  448;  75,  236,  655, 
665;  36,  128,  127,  139,  319,  361;  38,  61,  530,  533,  534,  86,  85;  39, 

326 172,  178 

2348 1,  540;  5,  225;  6,  500;  8,  140;  9,  15;  11,  32,  517;  13,  415;  14,  639;  15, 

322,  591;  17,  268,  411;  18,  414;  20,  423,  556;  21,  83;  22,  307,  539,  597; 
23,  110,  127;  29,  618;  30,  93,  368;  31,  135;  34,  178,  200;  35,  236,  655, 

665;  36,  128,  322;  37,  725;  3S,  61,  86,  185;  39,  326 172,  174,  178 

2349 1,  540;  10,  162;  11,  517;  14,  633;  15,  591;  17,  268;  18,  414;  19,  523;  20, 

423,  556;  21,  83,  98;  22,  539,  597;  24,  48;  26,  109;  29,  618;  30,  93,  368; 
31,  135;  34,  178,  200,  267,  444,  448;  35,  236,  655,  665;  36,  128;  37, 

725;  38,  61,  86,  185;  39,  326. 173 

2350 1,  540;  2,  729;  5,  226;  6,  372;  7,  423;  8,  142;  10,  162,  509,  539;  14,  636; 

15,  311;  17,  269;  18,  414;  19,  523;  20,  423;  21,  83;  22,  597;  24,  48; 

26,  109;  29,  618,  330;  30,  93,  368;  31,  135;  34,  178,  200,  267,  444,  448; 
35,  236,  655,  665;  36,  322;  38,  61,  86,  185;  39,  326 173 

2351 1,  540;  7,  175;  10,  539;  11,  517;  13,  415;  17,  269,  412;  18,  414;  21,  83; 

82,  307,  597;  23,  111;  26,  109;  29,  618;  30,  93,  568;  31,  135;  34,  178, 
200,  267,  444,  448;  35,  226,  655,  665;  36,  361;  38,  61,  86,  185;  39, 

326  1 73 

2352 1,  540;  10,  18,  414;  21,  83;  22,  579;  29,  637;  30,  93,  368;  31, 

152;  32,  446;  34,  178,  200,  267,  444,  448;  35,  236,  655,  665;  38,  61, 

86,  185  173 

2353 1,  540;  15,  258;  21,  83 547 

2354 1,  540;  5,  30;  15,  258;  21,  83;  34,  243 547 

2355 1,  540;  8,  77;  15,  258;  21,  83;  26,  568 547 

2356 1,  540;  2,  658,  689;  3,  427;  8,  77;  21,  83 547 

2357 1,  540;  2,  681;  3,  427,  477;  4,  54;  5,  270,  709;  6,  145,  523;  7,  175,  209; 

8,  368;  9,  272,  429;  10,  542,  652;  .14,  74;  16,  408;  17,  245;  18,  346; 
20,  437,  472;  21,  83,  383;  23,  451,  574;  24,  160;  26,  700;  27,  241,  296; 
28,  77,  479;  29,  661;  31,  199,  250,  251,  278;  35,  419;  38,  322,  326,  572, 

468;  40,  349,  350  547 

2358 1,  540  548 

2359 1,  540  548 

2360 1,  540;  3,  427  548 

2361 1,  540  548 

2362 1,  528,  529;  2,  686,  691;  4,  293;  5,  115,  319;  7,  99,  297;  8,  463,  623;  9, 

51;  11,  283;  12,  623;  14,  237;  15,  201;  17,  340;  20,  217,  380;  21,  5; 
23,  138;  24,  257,  539,  575;  25,  30,  90,  161;  26,  420;  30,  5,  430;  32, 

471;  33,  316,  438;  36,  388,  564;  39,  141,  147 548 

2363 4,  293;  17,  340;  30,  430;  36,  388,  564;  39,  141,  147 548 

2364 2,  603,  606,  608,  676;  3,  159,  556;  5,  270;  9,  215;  15,  491;  19,  55;  26,  331; 

27,  241  548 

2365.  . .  .36,  359;  38,  6 548 

2366 2,  658  548 

2367.... 2,  461;  8,  431 548 

2368.  ...I,  517;  16,  204;  17,  482 548 

2369 7,  156;  8,  305;  11,  45;  14,  482;  15,  548;  19,  484;  27,  79 548 

2370 8,  303;  11,  45;  14,  482;  15,  548;  19,  484;  27,  71 549 

2371 7,  156;  11,  45;  14,  482;  15,  548;  19,  484;  27,  71 549 

2372 1,  517;  6,  644;  7,  155;  11,  45;  15,  548;  16,  351;  19,  112,  484;  21,  6,  38, 

62;  22,  586;  23,  389;  25,  527;  27,  71,  512;  32,  175;  33,  271;  36,  181, 

287;  40,  435,  775  549 

2373 37,  180;  38,  108;  39,  370 549 

2374 549 

2375 549 

2376 549 

2377 550 

2378 550 

2379 550 

2380 3,  433;  5,  265;  12,  282;  24,  406;  28,  66;  31,  146;  32,  156;  34,  17;  38,  107; 

92,  95,  113  211 


534 

2381 5,  265;  12,  282;  19,  303;  21,  425;  24,  406;  28,  66;  31,  146;  32,  156;  31, 

17;  38,  92,  95,  113 211 

2382 1,  502;  2,  628;  4,  337;  5,  56,  265;  14,  628;  17,  246;  28,  383,  67;  31,  146; 

32,  156;  34,  95;  35,  321;  38,  92,  95,  113 212 

2383 1,  502;  5,  265;  13,  331;  28,  67;  31,  146;  32,  156;  35,  34;  38,  92,  95, 

113  212 

2384 5,  265;  17,  246;  28,  67;  31,  146;  32,  156;  34,  15;  35,  321,  567;  38,  92, 

95,  113  212 

2385 5,  265;  17,  246;  31,  146;  32,  156;  35,  321;  38,  92,  95,  113 213 

2386 1,  558;  4,  214;  5,  265;  31,  146;  32,  156,  211;  35,  321;  38,  92,  95 

113 211,  213 

2387 1,  503;  3,  13,  358,  433;  4,  54,  213;  5,  265;  8,  337,  425;  10,  348,  667;  12, 

592;  13,  11,  495,  670;  15,  208,  270;  16,  74,  83;  17,  246;  19,  292,  335, 
365;  20,  203;  21,  75,  100,  478,  524;  23,  76,  419,  562;  24,  186,  530;  26, 
214,  325,  345;  27,  444,  631,  128,  151,  415;  28,  67;  29,  177,  101,  528;  31, 
146;  32,  156,  211,  481,  502;  33,  164,  178;  34,  250,  621;  35,  321;  36,  86; 

37,  266,  270,  256;  38,  92,  95,  113,  198;  39,  356 213 

2388 5,  265;  8,  337,  425;  10,  348;  13,  4,  400,  405;  17,  247;  19,  292;  21,  75, 

100,  478,  524;  23,  76,  562;  24,  186,  530,  258;  26,  214,  325;  28,  67;  29, 
528;  31,  146;  32,  156,  211,  481,  502;  33,  178;  34,  25,  621;  35,  321;  38, 

92,  95,  113  213 

2389 2,  604;  3,  359;  5,  265;  6,  676;  7,  143;  10,  208,  348;  13,  329,  405;  15,  209; 

16,  129;  21,  75,  100,  470,  524;  23,  76,  562;  24,  186,  530,  258;  26,  214, 
325;  28,  67;  31,  146;  32,  156,  211,  481,  502;  33,  178,  543;  33,  621;  35, 

321,  559;  37,  556;  38,  92,  95,  113 213 

2390 28,  67;  32,  211;  38,  92,  95,  113. 

2391 17,  247;  32,  211;  33,  179;  38,  92,  95,  113 214 

2392 1,  558;  4,  213;  10,  204;  13,  370;  18,  260;  25,  521;  26,  67;  32,  211,  213; 

33,  179;  34,  598;  38,  92,  95,  113 214 

2393 3,  358;  28,  67;  32,  211;  33,  179;  38,  92,  95,  113 214 

2394 32,  211;  38,  92,  95,  113 214 

2395 1,  325;  2,  88,  198,  849;  6,  696;  9,  14;  10,  391;  17,  275;  26,  371,  467;  27, 

331;  28,  420;  29,  517;  31,  66,  78;  38,  4 336 

2396 2,  465;  26,  371,  467;  27,  331;  28,  190;  29,  517;  31,  66;  38,  5. 

2397 26,  467;  27,  331;  29,  517;  38,  6,  7. 

2398 19,  378. 

2399 17,  275;  18,  137. 

2400 2,  373;  4,  453;  13,  295. 

2401.. ..1,  308;  2,  455;  3,  326,  332,  350;  4,  327;  6,  538,  455;  19,  35,  116;  21, 

77;  26,  310;  30,  368;  31,  77;  35,  672;  36,  563,  565 594 

2402 1,  308;  3,  326,  332,  350;  6,  538;  19,  35;  21,  77;  35,  672;  36,  563,  565. 

2403 1,  308,  534;  2,  465;  3,  236,  332,  350;  4,  327;  12,  24;  21,  77;  22,  289;  26, 

310;  31,  77;  35,  672;  36,  563,  565 594 

2411.... 8,  254. 

2414 1,  8;  10,  357,  281;  31,  223;  35,  313,  628;  36,  253;  38,  502. 

2415 31,  223;  33,  626;  35,  484;  36,  254. 

2418 35,  629. 

2423 10,  357. 

2436 33,  628. 

2441.... 30,  342;  34,  611;  36,  13. 

2444 35,  628;  38,  562. 

2447 2,  365;  4,  130;  6,  149;  11,  149;  17,  25;  22,  145. 

2448 13,  50;  20,  174;  21,  377;  23,  136,  457;  25,  2;  26,  243,  562;  27,  672;  32, 

409;  36,  250;  39,  576. 
2449 2,  457,  496;  3,  498;  12,  391;  18,  474;  23,  461;  24,  228,  364,  396,  486;  25, 

22;  26,  629;  27,  329;  30,  234. 
2450 1,  411;  3,  141;  4,  156;  8,  91;  9,  231;  14,  407;  15,  258;  18,  97;  21,  550; 

26,  678;  29,  713;  34,  40;  35,  381;  37,  158;  38,  413;  39,  320. 

2451 3,  141;  15,  258;  18,  97;  34,  40;  35,  381;  37,  158;  40,  74. 

2452 15,  278;  18,  97;  34,  40;  35,  381;  37,  158. 

2453 15,  258;  18,  97;  34,  40;  35,  381;  27,  158. 

2454 15,  258;  18,  97;  34,  40;  35,  381;  37,  158. 

2455 2,  242,  603,  608;  3,  149;  8,  428;  9,  529;  10,  615;  12,  397;  14,  458;  15, 

258;  15,  491;  16,  497;  17,  330;  18,  91;  19,  48;  20,  120,  237,  255,  305, 

407;  21,  183,  454;  23,  590;  24,  296;  25,  146,  159;  26,  331,  607,  676, 

699;  27,  45,  490,  617,  715;  28,  214;  29,  153,  320,  347,  378,  486;  30,  537; 

31,  201,  247;  33,  447;  34,  40,  357;  35,  381,  44,  294,  412,  418,  452,  518, 


535 

582,  646,  647;  36,  216;  37,  158,  108,  209,  453;  38,  85,  119,  139,  484;  39, 

10,  322;  40,  364,  373,  374,  amended 359 

2456 6,  314;  8,  183;  15,  258;  18,  97;  34,  40;  35,  381;  37,  158. 

2457 1,  79,  411,  280;  3,  190;  4,  156,  350;  5,  514;  8,  91;  10,  299;  15,  258;  15, 

121;  18,  97;.  19,  445;  20,  504;  25,  503;  26,  687;  29,  713;  34,  40;  35, 

381,  436;  37,  158. 
2461 12,  457;  13,  150;  24,  168;  26,  402,  406;  29,  323,  574;  31,  268;  32,  445; 

36,  303. 

2476 4,  418. 

2477 21,  351;  25,  446;  31,  407. 

2478 5,  573,  673;  8,  91;.  14,  317;  26,  40;  27,  8,  360;  31,  158,  300,  306,  348; 

35,  534;  36,  523;  38,  61. 

2479 7,  243;  8,  71;  10,  46;  11,  37;  35,  509. 

2480 19,  286. 

2481 8,  52. 

2482 1,  506;  3,  396,  572,  585;  5,  638;  10,  446. 

2483.... 3,  572;  7,  243. 

2484 3,  396,  572;  8,  387;  10,  46. 

2488 1,  312;  3,  522;  4,  371;  5,  37,  100;  6,  684;  13,  130;  14,  248,  253;  23,  230; 

24,  27,  69;  26,  94;  30,  574;  31,  305,  307,  309. 

2490 5,  102;  23,  308;  30,  395. 

3220 5,  574. 

3229 5,  240. 

3477 14,  101;  17,  217;  21,  366;  30,  5,  435;  36,  390,  564;  38,  471;  39,  145,  148. 

3478 3,  114;  5,  388,  508. 

3479 5,  388. 

3469 5,  240. 

3617 1,  521;  35,  570. 

3631 23,  480. 

3689 24,  540. 

3732 19,  379. 

3743 40,  140,  142. 

3744 40,  140,  141,  142. 

3745 40,  140,  143. 

3746 40,  140,  143. 

3747 40,  140,  143. 

3679 1,  538;  19,  379. 

3690....  18,  194;  19,  373. 

3831 9,  551. 

5013 2,  681. 

5182 2,  658. 

5263 26,  572;  29,  2. 

5264 29,  2. 

5265 29,  2. 

5266 29,  2. 

5267 29,  2. 

5268 26,  572;  29,  2. 

5388 30,  24. 

5428 13,  725. 

5440 4,  469. 

5481 2,  666. 

5492 37,  495. 

5498 4,  55;  5,  237;  22,  435;  33,  654. 

5595 1,  413. 

5596 1,  418;  2,  604,  609;  30,  574. 

INSTRUCTIONS  GOVERNING  REPAYMENTS. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  IX  C.,  July  23,  1910. 
To  Registers  and  Receivers  of  United  States  Land  Offices. 

Gentlemen:  Your  attention  is  called  to  the  following  provisions  of  the 
Act  of  Congress  approved  June  16,  1880  (21  Stat.,  287),  entitled  "An  Act 
for  the  relief  of  certain  settlers  on  the  public  lands,  and  to  provide  for  the 
payment  of  certain  fees,  purchase  money,  and  commissions  paid  on  void  entries 
of  public  lands": 


536 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  in  all  cases  where  it  shall, 
upon  due  proof  being  made,  appear  to  the  satisfaction  of  the  Secretary  of  the 
Interior  that  innocent  parties  have  paid  the  fees  and  commissions  and  excess 
payments  required  upon  the  location  of  claims  under  the  act  entitled  "An  Act 
to 'amend  an  act  entitled  'An  Act  to  enable  honorably  discharged  soldiers  and 
sailors,  their  widows  and  orphan  children,  to  acquire  homesteads  on  the  public 
lands  of  the  United  States,'  and  amendments  thereto,"  approved  March  third, 
eighteen  hundred  and  seventy-three,  and  now  incorporated  in  section  twenty- 
three  hundred  and  six  of  the  Eevised  Statutes  of  the  United  States,  which 
said  claims  were,  after  such  location,  found  to  be  fraudulent  and  void,  and 
the  entries  or  locations  made  thereon  canceled,  the  Secretary  of  the  Interior 
is  authorized  to  repay  to  such  innocent  parties  the  fees  and  commissions  and 
excess  payments  paid  by  them,  upon  the  surrender  of  the  receipts  issued 
therefor  by  the  receivers  of  public  moneys,  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated,  and  shall  be  payable  out  of  the  appropriation  to 
refund  purchase  money  on  lands  erroneously  sold  by  the  United  States. 

Sec.  2.  In  all  cases  where  homestead  or  timber-culture  or  desert-land 
entries  or  other  entries  of  public  lands  have  heretofore  or  shall  hereafter  be 
canceled  for  conflict,  or  where,  from  any  cause,  the  entry  has  been  erroneously 
allowed  and  can  not  be  confirmed,  the  Secretary  of  the  Interior  shall  cause 
to  be  repaid  to  the  person  who  made  such  entry,  or  to  his  heirs  or  assigns, 
the  fees  and  commissions,  amount  of  purchase  money,  and  excesses  paid  upon 
the  same,  upon  the  surrender  of  the  duplicate  receipt  and  the  execution  of  a 
proper  relinquishment  of  all  claims  to  said  land,  whenever  such  entry  shall 
have  been  duly  canceled  by  the  Commissioner  of  the  General  Land  Office,  and 
in  all  cases  where  parties  have  paid  double-minimum  price  for  land  which  has 
afterwards  been  found  not  to  be  within  the  limits  of  a  railroad  land  grant, 
the  excess  of  one  dollar  and  twenty-five  cents  per  acre  shall  in  like  manner 
be  repaid  to  the  purchaser  thereof,  or  to  his  heirs  or  assigns. 

Sec.  3.  The  Secretary  of  the  Interior  is  authorized  to  make  the  payments 
herein  provided  for  out  of  any  money  in  the  Treasury  not  otherwise  appro- 
priated. 

Sec.  4.  The  Commissioner  of  the  General  Land  Office  shall  make  all  neces- 
sary rules,  and  issue  all  necessary  instructions,  to  carry  the  provisions  of  this 
act" into  effect;  and  for  the  repayment  of  the  purchase  money  and  fees  herein 
provided  for  the  Secretary  of  the  Interior  shall  draw  his  warrant  on  the 
Treasury  and  the  same  shall  be  paid  without  regard  to  the  date  of  cancella- 
tion of  the  entries. 

The  foregoing  act  is  additional  to  the  provisions  of  sections  2362  and 
2363,  United  States  Eevised  Statutes. 

APPLICATIONS. 

1.    Applications  for  repayment   of  fee,  commissions,  excess  and  purchase 
money  should  be  made  in  the'following  or  equivalent  form: 
To  the  Commissioner  of  the  General  Land  Office. 

Sir:    I  hereby  make  application  for  repayment  of  the  purchase  money  paid 

on  entry  of  the of  section ,  township ,  range ,  as  per 

certificate  No ,  issued  at    ,  bearing  date   the    day 

of ,  1.... 

(Applicant  sign  here.     Give  P.  O.  address.)    , 

State  of ,  County  of ,  ss. 

On  this day  of ,  19 . . ,  before  the  subscriber,  a in  and 

for  said  county,  personally  came    ,  to  me  well  known  to  be  the 

person  who  subscribed  the  foregoing  application,  who,  being  duly  sworn,  on 

oath,  declares  that   ha.,    not  sold,  assigned,  nor  in  any  manner 

encumbered,  the  title  to  the  tract  of  land  described  in  said  application,  and 
that  the  same  has  not  become  a  matter  of  record. 

(Applicant  sign  here.)    

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  19. . 


The  affidavit  may  be  made  before  the  register  or  receiver,  or  any  officer 
authorized  to  administer  oaths.  When  made  before  a  justice  of  the  peace,  a 
certificate  of  official  character  is  required. 


537 

FEES,  COMMISSIONS,  EXCESSES,  ETC. 

On  fraudulent  and  void  additional  soldier  and  sailor  entries. 

2.  The   first    section    of    the   act    authorizes    the    payment    "to    innocent 
parties"  of  the  fees,  commissions,  etc.,  paid  by  them  on  fraudulent  and  void 
additional  soldier  and  sailor  homestead  entries  which  have  been  canceled. 

Eepayment  of  fees,  commissions,  and  excesses  under  section  1  can  be 
made  only  to  the  party  who  paid  the  same.  A  conveyance  of  the  land  in 
these  cases  will  not  be  deemed  to  carry  with  it  the  right  to  repayment. 

Applications  for  repayment  under  this  section  must  be   accompanied  by 
the  duplicate  receipt,  or  evidence  of  the  loss  of  the  same,  and  by  a  concise 
statement  under  oath  setting  forth  all  the  facts  and  circumstances  connected 
with  the  procurement  and  use  of  the  fraudulent  papers  upon  which  the  can 
celed  entries  were  based,  together  with  such  documentary  or  other  proof  as 
may  tend  to  establish  the  innocence  of  the  parties  relative  thereto. 
On   entries   canceled   for   conflict,   or  where   the   same   have   been   erroneously 
allowed  and  can  not  be  confirmed. 

The  first  clause  of  the  second  section  of  the  act  provides: 

3.  For  the  repayment  of  purchase  money  and  of  fees,  commissions,  and 
excess  payments,  where  entries  of  public  lands  are  canceled  for  conflict,  "or 
where,  from  any  cause,  the  entry  has  been  erroneously  allowed  and  can  not  be 
confirmed. " 

In  the  case  of  applications  for  the  payment  of  fees,  commissions,  etc., 
on  canceled  homestead  and  other  entries,  under  the  second  section  of  the 
act,  the  duplicate  receipt  or  duplicate  certificate  must  be  surrendered,  together 
with  a  relinquishment  in  the  following  or  equivalent  form: 

,   ,  19.. 

I  hereby  relinquish  to  the  United  States  all  my  right,  title,  and  claim  in 

and  to  the  land  described  in  receipt  No ,  issued  at , ,  1.  .., 

being  for  the of  section ,  township ,  and  range 

Witness: 


Acknowledged  before  me  this day  of ,  19. 


This  relinquishment  may  be  acknowledged  before  the  register  or  receiver 
or  before  any  officer  authorized  to  take  acknowledgments. 

4.  If    the    duplicate    receipt    or    duplicate    certificate    has    been    lost    or 
destroyed,  an  affidavit  stating  the  fact  must  be  furnished,  together  with  a 
relinquishment  in  effect  as  in  the  above  form. 

DOUBLE-MINIMUM  EXCESS. 

The  last  clause  of  the  second  section  of  the  act  provides  that  "in  all  cases 
where  parties  have  paid  double-minimum  price  for  land  which  has  afterwards 
been  found  not  to  be  within  the  limits  of  a  railroad  land  grant,  the  excess 
of  $1.25  per  acre  shall  in  like  manner  be  repaid  to  the  purchaser  thereof  or 
to  the  heirs  or  assigns." 

5.  Applications  for  repayment  of  double-minimum  excess  should  be  made 
in  the  following  form: 

To  the  Commissioner  of  the  General  Land  Office. 

Sir:    hereby  make  application  for  repayment  of  the  double-minimum 

excess  paid  on  entry  of  the of  section ,  township    ,  range 

,  as  per  certificate  No ,  issued  at  ,  bearing  date  the 

day  of ,  1. . . . 

(Applicant  sign  here.    Give  P.  O.  address.)   , 


County  of ,  State  of ,  ss. 

On  this    day  of    ,   19..,  before  the  subscriber,  a    in 

and  for  said  county,  personally  came    ,  to  me   well  known  to  be  the 

person  who   subscribed  to  the  foregoing  application,  who,  being  duly  sworn, 

on   oath  declares  that  has  not  sold  or  assigned    right  in 

any  way  to  the  double-minimum  excess  described  in  said  application. 

(Applicant  sign  here.)    

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  19. . 


538 

6.  The  applicant  must  also  furnish  a  corroborated  affidavit  showing  that 
he  is  the  identical  party  who  made  the  entry  on  which  repayment  is  claimed. 

Kepayment  of  double-minimum  excess  will  be  made  only  to  the  original 
entryman,  his  heirs  or  assigns.  The  sale  and  transfer  of  the  land  is  not  of 
itself  treated  as  an  assignment  of  the  right  to  receive  repayment  of  double- 
minimum  excess. 

PURCHASE   MONEY. 

Where  patent  has  not  been  issued,  and  the  title  has  not  otherwise  become  a 

matter  of  record. 

7.  In  applications  for  repayment  where  patent  has  not  issued,  the  dupli- 
cate receipt  or  duplicate  certificate  must  be  surrendered.     The  applicant  must 
make  affidavit  that  he  has  not  transferred  or  otherwise  encumbered  the  title 
to  the  laud  and  that  the  same  has  not  become  a  matter  of  record. 

Where  the  duplicate  receipt  or  duplicate  certificate  has  been  lost  or  de- 
stroyed, a  certificate  will  also  be  required  from  the  proper  recording  officer, 
showing  that  the  same  has  not  become  a  matter  of  record  and  that  there  is 
no  incumbrance  of  the  title  to  the  land  thereunder.  A  like  certificate  must 
be  furnished  when  the  application  is  made  by  another  than  the  original 
purchaser. 

Where  title  has  become  a  matter  of  record. 

8.  Where  the  title  has  become  a  matter  of  record,  and  in  all  cases  where 
patent  has  issued,  a  duly  executed   deed,  relinquishing  to  the  United  States 
all  right  and  claim  to  the  land  under  the  entry  or  patent,  must  accompany 
the  application.     This  deed  must  be  duly  recorded,  and  a  certificate  must  also 
be   produced   from   the    proper   recording   officer   where    the    land    is    situated, 
showing  that  said  deed  is  so  recorded  and  that  the  records  of  his  office  do 
not  exhibit  any  other  conveyance  or  incumbrance  of  the  title  to  the  land. 

Where  a  valid  title  to  the  land  embraced  in  a  canceled  entry  has  been 
conveyed  by  the  Government  to  other  parties,  the  applicant  for  repayment 
under  such  canceled  entry  must  reeonvey  to  the  United  States  the  title  derived 
from  such  invalid  entry.  If,  however,  the  applicant  has  acquired  the  valid 
title  already  conveyed  by  the  United  States,  it  will  not  be  necessary  for  him 
to  reeonvey  the  land,  but  he  may  make  a  full  statement,  with  corroborative 
evidence  of  the  facts,  waiving  all  claim  under  the  invalid  entry,  and  there- 
upon receive  repayment  of  the  amount  erroneously  paid. 

The  reconveyance  to  the  United  States  must  conform  in  every  particular 
to  the  laws  of  the  State  or  Territory  in  which  the  land  is  located  relative  to 
transfers  of  real  property;  in  the  case  of  a  married  man,  in  localities  where 
the  right  of  dower  exists,  there  must  be  a  release  of  dower  by  the  wife,  and 
in  case  of  an  executor  or  administrator,  due  proof  of  authority  to  alienate  the 
estate. 

Where  a  patent  has  been  executed  and  delivered  it  must  be  surrendered. 

HEIES,  EXECUTOES,  ADMINISTRATORS,  AND  ASSIGNEES. 

9.  Where  application  is  made  by  heirs,  satisfactory  proof  of  heirship  is 
required.     This  must  be   the  best   evidence  that   can  be   obtained,   and  must 
show  that  the  parties  applying  are  the  heirs  and  the  only  heirs  of  the  deceased. 

10.  Where  application  is  made  by  executors,  a  certificate  of  executorship 
from  the  probate  court  must  accompany  the  application. 

11.  Where  application  is  made  by  administrators,  the  original,  or  a  cer- 
tified copy,  of  the  letters  of  administration  must  be  furnished. 

12.  Where  applications  are  made  by  assignees,  the  applicants  must  show 
their  right  to  repayment  by  furnishing     properly  authenticated  abstracts  of 
title,  or  the  original  deeds  or  instruments  of  assignment,  or   certified  copies 
thereof,  and   also   show  by  affidavits   or   otherwise   that   they  have   not   been 
indemnified  by  their  grantors  or  assignors  for  the  failure  of  title,  and  that 
title  has  not  been  perfected  in  them  by  their  grantors  through  other  sources. 

13.  Where  there  has  been  a  conveyance  of  the  land  and  the  original  pur- 
chaser  applies   for   repayment,   he   must    show   that   he   has   indemnified    his 
assignee  or  perfected  the  title  in  him  through  another   source,  or  produce  a 
full  reconveyance  to  himself  from  the  last  grantee  or  assignee. 

ASSIGNEES. 

Those  persons  are  assignees,  within  the  meaning  of  the  statutes  author- 
izing the  repayment  of  purchase  money,  who  purchase  the  land  after  the 


539 

entries  thereof  are  completed  and  take  assignments  of  the  title  under  such 
entries  prior  to  complete  cancellation  thereof,  when  the  entries  fail  of  con- 
firmation for  reasons  contemplated  by  the  law.  To  construe  said  statutes  so  as 
to  recognize  the  assignment  or  transfer  of  the  mere  claim  against  the  United 
States  for  repayment  of  purchase  money,  or  fees  and  commissions,  discon- 
nected from  a  sale  of  the  land  or  attempted  transfer  of  title  thereto,  would 
be  against  the  settled  policy  of  the  Government  and  repugnant  to  section  3477 
of  the  Eevised  Statutes.  (2  Lawrence,  First  Comp.  Dec.,  264,  266,  and  6  Dec. 
Comp.  of  the  Treasury,  334,  359.) 

Assignees  of  land  who  purchase  after  entry  are,  in  general,  deemed  entitled 
to  receive  the  repayment  when  the  lands  are  found  to  have  been  erroneously 
sold  by  the  Government.  But  this  rule  does  not  apply  to  the  repayment  of 
double-minimum  excesses.  (First  Comp.  Dec.  in  case  of  Adrian  B.  Owens, 
Copp's  Pub.  Land  Laws,  1890,  vol.  2,  p.  1238.) 

DEFINITION  OF  "EBBONEOUSLY  ALLOWED." 

This  can  not  be  given  an  interpretation  of  such  latitude  as  would  coun- 
tenance fraud.  If  the  records  of  the  Land  Office,  or  the  proofs  furnished, 
should  show  that  the  entry  ought  not  to  be  permitted,  and  yet  it  was  per- 
mitted, then  it  would  be  "erroneously  allowed."  But  if  a  tract  of  land  were 
subject  to  entry,  and  the  proofs  showed  a  compliance  with  law,  and  the 
entry  should  be  canceled  because  the  proofs  were  shown  to  be  false,  it  could 
not  be  held  that  the  entry  was  "erroneously  allowed";  and  in  such  case 
repayment  would  not  be  authorized. 

TEANSMITTAL  OF  APPLICATIONS. 

14.  Applications  for  repayment  may  be  filed  either  in  this  office  or  in  the 
proper  district  land  office. 

When  an  application  is  filed  in  the  district  land  office  the  register  and 
receiver  shall  transmit  the  same  with  a  full  report  of  the  facts  in  the  case, 
as  shown  by  their  official  records,  and  recommend  either  the  allowance  or  the 
disallowance  of  the  claim.  When  an  application  is  filed,  either  in  the  dis- 
trict land  office  or  in  this  office,  it  should  be  accompanied  by  a  statement 
setting  forth  fully  the  grounds  upon  which  repayment  is  claimed. 

Very  respectfully,  Fred  Dennett, 

Approved  July  23,  1910.  Commissioner. 

Frank  Pierce, 

Acting  Secretary. 

INSTRUCTIONS  UNDER  ACT  OF  MARCH  26,  1908. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  July  23,  1910. 
To  Eegisters  and  Eeceivers  of  United  States  Land  Offices. 

Gentlemen:  Your  attention  is  called  to  the  following  provisions  of  the 
Act  of  Congress  approved  March  26,  1908  (35  Stat,,  48),  entitled  "An  Act  to 
provide  for  the  repayment  of  certain  commissions,  excess  payments,  and  pur- 
chase moneys  paid  under  the  public  land  laws": 

Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives  of  the  United 
States  of  America  in  Congress  assembled.  That  where  purchase  moneys  and 
commissions  paid  under  any  public  land  law  have  been  or  shall  hereafter  be 
covered  into  the  Treasury  of  the  United  States  under  any  application  to  make 
any  filing,  location,  selection,  entry,  or  proof,  such  purchase  moneys  and  com- 
missions shall  be  repaid  to  the  person  who  made  such  application,  entry,  or 
proof,  or  to  his  legal  representatives,  in  all  cases  where  such  application, 
entry,  or  proof  has  been  or  shall  hereafter  be  rejected,  and  neither  such  appli- 
cant nor  his  legal  representatives  shall  have  been  guilty  of  any  fraud  or 
attempted  fraud  in  connection  with  such  application. 

Sec.  2.  That  in  all  cases  where  it  shall  appear  to  the  satisfaction  of  the 
Secretary  of  the  Interior  that  any  person  has  heretofore  or  shall  hereafter 
make  any  payments  to  the  United  States  under  the  public  land  laws  in  excess 
of  the  amount  he  was  lawfully  required  to  pay  under  such  laws,  such  excess 
shall  be  repaid  to  such  person  or  to  his  legal  representatives. 

Sec.  3.  That  when  the  Commissioner  of  the  General  Land  Office  shall 
ascertain  the  amount  of  any  excess  moneys,  purchase  moneys,  or  commissions 


540 

in  any  case  where  repayment  is  authorized  by  this  statute,  the  Secretary  of  the 
Interior  shall  at  once  certify  such  amounts  to  the  Secretary  of  the  Treasury, 
who  is  hereby  authorized  and  directed  to  make  repayment  of  all  amounts  so 
certified  out  of  any  moneys  not  otherwise  appropriated  and  issue  his  warrant 
in  settlement  thereof. 

The  foregoing  act  is  additional  to  the  provisions  of  sections  2362  and 
2363,  United  States  Eevised  Statutes,  and  to  the  Act  of  June  16,  1880  (21  Stat., 
287). 

The  first  section  authorizes  the  return  to  the  applicant,  or  to  his  legal  rep- 
resentatives, of  purchase  moneys  and  commissions  covered  into  the  Treasury 
of  the  United  States  under  any  application  to  make  any  filing,  location,  selec- 
tion, entry,  or  proof,  where  such  application  has  been  or  shall  hereafter  be 
rejected,  in  cases  where  neither  the  applicant  nor  his  or  her  legal  representa- 
tives shall  have  been  guilty  of  any  fraud  or  attempted  fraud  in  connection 
with  said  application. 

This  section  refers  more  particularly  to  moneys  covered  into  the  Treasury 
of  the  United  States  as  directed  in  office  circular  "M"  of  May  16,  1907  (35 
L.  D.,  568),  and  circular  letter  "M"  of  July  26,  1907;  that  is,  moneys  deposited 
with  proof  under  the  timber  and  stone,  desert  land,  coal  land,  or  mineral  land 
laws. 

APPLICATIONS. 

Applications   for   repayment   under   this    section    should   be    made    in   the 
following  or  equivalent  form: 
To  the  Commissioner  of  the  General  Land  Office. 

Sir:    I   hereby  make   application  for  the   return   of   the  purchase  money 

and  commissions  paid  with  my under  the law,  for  the  of 

section    ,  township   ,  range    ,  as  per  receiver's  receipt  No. 

,  issued  at   ,  bearing  date  the   day  of    ,  19..,  and 

which  is  surrendered  herewith,  and  on  oath  declare  that  I  am  the  identical 
(or  legal  representative  of  the)  person  who  made  said  payment,  and  that 
there  was  no  fraud  or  attempted  fraud  in  connection  with  the  effort  to  obtain 
title  to  the  described  tract  of  land.  * 

*  If  the  receipt  has  been  lost  or  destroyed,  so  state. 

(Applicant  sign  here.)    , 

(P.  O.  address.)   , 


State  of ,  County  of ,  ss. 

Subscribed  and  sworn  to  before  me  this day  of ,19. 


The  affidavit  may  be  made  before  the  register  or  receiver,  or  any  officer 
authorized  to  administer  oaths.  When  made  before  a  justice  of  the  peace,  a 
certificate  of  official  character  is  required. 

The  second  section  authorizes  the  return  to  the  person  who  made  the 
payment,  or  to  his  legal  representatives,  of  any  moneys  paid  under  any  of 
the  land  laws  of  the  United  States,  in  excess  of  the  legal  requirements. 

APPLICATIONS. 

Applications  for  repayment  under  this  section  should  be  made  in  the  fol- 
lowing or  equivalent  form: 
To  the  Commissioner  of  the  General  Land  Office. 

Sir:     I   hereby  make   application   for  the   return   of  the   amount  paid   in 

excess  of  the  lawful  requirements  on  entry  of  the    of  section    , 

township ,  range  ,  as  per  receiver's  receipt  No ,  issued  at 

t  bearing  date  the day  of ,  19. .,  and  on  oath  declare  that  I 

am  the  identical   (or  legal  representative  of  the)  person  who  made  said  pay- 
ment. 

(Applicant  sign  here.)    , 

(P.  O.  address.)    , 


State  of ,  County  of ,  ss. 

Subscribed  and  sworn  to  before  me  this day  of ,  19. . 


Affidavits  in  this  class  of  claims  may  also  be  made  before  the   register 


541 

| 

or  receiver,  or  any  officer  authorized  to  administer  oaths.     When  made  before 
a  justice  of  the  peace,  a  certificate  of  official  character  is  required. 

HEIES,  EXECUTORS,  AND  ADMINISTRATORS. 

Where  application  is  made  by  heirs,  satisfactory  proof  of  heirship  is 
required.  This  must  be  the  best  evidence  that  can  be  obtained,  and  must  show 
that  the  parties  applying  are  the  heirs  and  the  only  heirs  of  the  deceased. 

Where  application  is  made  by  executors,  a  certificate  of  executorship 
from  the  probate  court  must  accompany  the  application. 

Where  application  is  made  by  administrators,  the  original,  or  a  certified 
copy,  of  the  letters  of  administration  must  be  furnished. 

Section  3477,  United  States  Revised  Statutes,  prohibits  the  transfer  or 
assignment  of  claims  against  the  United  States,  and,  therefore,  any  attempted 
transfer  or  assignment  of  a  claim  under  either  of  the  before-mentioned  sec- 
tions can  not  be  recognized. 

TRANSMITTAL  OF  APPLICATIONS. 

Applications  for  repayment  may  be  filed  either  in  this  office  or  in  the 
proper  district  land  office. 

When  an  application  is  filed  in  the  district  land  office  the  register  and 
receiver  shall  transmit  the  same  with  a  full  report  of  the  facts  in  the  case,  as 
shown  by  their  official  records,  and  recommend  either  the  allowance  or  the 
disallowance  of  the  claim. 

The  third  section  of  the  act  directs  the  Secretary  of  the  Interior  to  at 
once  certify  to  the  Secretary  of  the  Treasury  the  amount  of  any  excess 
moneys,  purchase  moneys,  or  commissions,  ascertained  by  the  Commissioner 
of  the  General  Land  Office  to  be  due  under  this  act,  and  the  Secretary  of  the 
Treasury  is  authorized  and  directed  to  make  repayment  of  all  amounts  so 
certified  out  of  any  moneys  not  otherwise  appropriated  and  to  issue  his  warrant 
in  settlement  thereof. 

CREDIT   FOR   PRIOR   PAYMENT   IN   SECOND   APPLICATION   TO   COM- 
MUTE. 

In  cases  where  the  commutation  homestead  proof,  upon  which  you  have 
issued  certificate  and  receipt,  has  been  rejected  by  this  office,  the  certificate 
canceled  and  the  original  entry  allowed  to  stand  subject  to  future  compliance 
with  the  law,  if  second  commutation  proof  is  accepted  and  credit  is  allowed 
for  the  purchase  money  paid  on  the  first  proof,  the  register  will  issue  his 
certificate,  bearing  proper  number  and  date,  noting  thereon: 

' '  Purchase   money,   $ ....    paid,    ,   19 . . ,  per   receiv.er  's   receipt   No. 


The  receiver  will  show  on  his  "Abstract  of  collections  on  commuted 
homesteads"  the  date  of  the  register's  certificate,  the  name  of  the  entryman, 
and  the  purchase  money  in  the  proper  columns,  in  (  ),  with  the  above  notation 
on  a  separate  line.  The  amount  will  not  be  included  in  the  footing. 

The  receiver  will  issue  receipt  (Form  4-131)  for  testimony  fees  paid  on 
the  second  proof,  with  notation  to  show  that  the  "purchase  money  was  paid 
,  19. .,  per  receiver's  receipt  No " 

Before  allowing  credit  on  account  of  payment  in  a  prior  canceled  cash 
entry,  as  hereinbefore  set  forth,  the  register  and  receiver  are  charged  with 
the  duty  of  securing  the  approval  of  the  Commissioner  of  the  General  Land 
Office  therefor.  Very  respectfully, 

Approved  July  23,  1910.  Fred  Dennett, 

Frank  Pierce,  Commissioner. 

Acting  Secretary. 

DIGEST  OF  DECISIONS  ON  REPAYMENT. 

"A  desert  entry  of  land  embraced  within  a  prior  preemption  filing  is  not 
an  entry  'erroneously  allowed'  within  the  meaning  of  the  repayment  act, 
though  an  entry  so  made  is  subject  to  the  subsequent  assertion  of  the  pre- 
emptor's  right." 

"The  provisions  of  Section  2362,  Revised  Statutes,  and  of  the  Act  of 
June  16th,  1880,  with  respect  to  repayment,  contemplate  relief  only  in  cases 
where  for  some  reason  not  within  the  entryman 's  control,  title  to  the  land 
cannot  be  passed  by  the  Government."  Citing  J.  N.  Cauzell,  24  L.  D.,  575. 


542 

"Repayment  should  be  allowed  if  'from  any  cause'  the  entry  was  errone- 
ously allowed  and  no  fraud  appears. n 

Instructions,  1  L.  D.,  526. 

See  also  table  Circulars,  Instructions,  and  Regulations. 

4 '  In  case  of  an  entry  that  is  '  erroneously  allowed '  for  land  not  subject 
thereto,  and  canceled  for  that  reason,  repayment  may  be  granted  without 
inquiry  as  to  the  truth  or  falsity  of  the  final  proof. ' ' 

W.  E.  McCord,  23  L.  D.,  137. 

"An  entry  is  not  'erroneously  allowed*  within  contemplation  of  the  repay- 
ment statute  where  the  alleged  defect  is  not  of  such  a  character  as  to  neceV 
sarily  defeat  confirmation  of  the  entry,  and  might  have  been  cured  by  com- 
pliance with  the  requirements  of  the  General  Land  Office." 

Anthracite  Mesa  Coal  Mining  Company,  28  L.  D.,  551. 

"The  right  to  does  not  exist  where  the  entry  is  properly  allowed  or  proofs 
presented,  but  is  subsequently  canceled  on  the  ascertainment  it  was  procured 
on  the  false  and  misleading  representations  of  the  entryman. " 

Felix  McGinn,  25  L.  D.,  29. 

Crayton  P.  Bryant,  25  L.  D.,  30. 

Edw.  H.  Sanford,  26  L.  D.,  page  3. 

W.  H.  Irvine,  L.  D.,  422. 

"If  the  land  entered  is  not  of  the  character  contemplated  by  law  under 
which  the  entry  is  made,  but  is  expressly  represented  by  the  entryman  to  be 
of  such  character,  and  the  lands  of  the  entries  procured  by  such  representa- 
tion, the  entry  in  such  cases  is  wrongfully  procured  and  not  'erroneously 
allowed'  within  the  meaning  of  the  repayment  law." 

Geo.  A.  Stone,  overruling  the  case  of  E.  C.  Mason,  22  L.  D.,  337;  25 
L.  D.,  111. 

"The  right  of  repayment  will  be  recognized  in  case  of  a  desert  land 
entry  'erroneously  allowed'  for  land  on  both  sides  of  a  meandering  stream, 
which  was  not  the  class  which  should  have  been  meandered  and  which  renders 
the  tracts  embraced  within  the  entry  uncontinuous,  notwithstanding  the  entry 
was  canceled  for  a  different  reason." 

Abram  Cole,  31  L.  D.,  311. 

"The  right  to  the  repayment  of  the  purchase  money  paid  on  desert  land 
entry  will  be  recognized  where  the  entry  as  allowed  is  in  form  prima  facie 
incompact,  and  it  does  not  appear  from  the  record  that  it  was  in  as  nearly 
compact  form  'as  its  situation  to  the  land  and  the  situation  of  other  lands 
will  admit  of  and  was  for  reason  erroneously  allowed  and  could  not  have 
been  confirmed." 

Julia  B.  Keeler,  31  L.  D.,  354. 

Section  2357,  of  the  Revised  Statutes,  considered,  right  of  repayment  an- 
nounced. Wm.  W.  Brandt,  31  L.  D.,  277. 

A  relinquishment  filed  with  an  application  for  repayment,  in  compliance 
with  the  terms  of  the  repayment  statute,  should  be  treated  as  part  of  such 
application  and  accepted  only  in  event  of  approval  of  the  repayment  claim. 
The  Act  of  March  26th,  1908,  does  not  repeal  or  modify  existing  laws  covering 
repayments,  nor  does  it  authorize  or  contemplate  opening  of  case  under  prior 
laws. 

Peter  A.  Hausman,  37  L.  D.,  352. 

"The  term  'erroneously  allowed'  under  the  Act  of  June  16th,  1880, 
authorizes  repayments  in  cases  where  entries  have  been  erroneously  allowed 
and  cannot  be  confirmed,  has  reference  solely  to  -erroneous  action  on  part  of 
Government  and  furnishes  no  authority  for  repayment  where  by  reason  of 
mistake  in  description  a  timber  and  stone  entry  is  made  for  land  not  intended 
to  be  entered. 

Marie  Steinberg,  37  L.  D.,  234. 

Concerning  subject  of  repavment  consult  the  following  cases: 

Joseph  Gibson,  37  L.  D.,  338. 

James  Febes,  37  L.  D.,  210. 

Chas.  C.  Van  Wanner,  37  L.  D.,  714. 

35  L.  D.,  492. 

David  K.  Emmons,  35  L.  D.,  599. 

J.  C.  Murphy's  Administrator  et  al.,  35  L.  D.,  152. 

Eugene  Despin,  35  L.  D.,  580. 

Wm.  F.  Brown,  35  L.  D.,  177. 

36  L.  D.,  388. 

Golden  Empire  Mining  Co.,  36  L.  D.,  561. 


543 

John  W.  Blee,  36  L.  D.,  265. 

Harry  M.  Love,  36  L.  D.,  266. 

John'H.  Wolff,  36  L.  D.,  428. 

Monroe  Morrow,  36  L.  D.,  155. 

1'nion  Pacific  Railroad  Co.  et  al.,  38  L.  D.,  262. 

D.  B.  Bowersox,  38  L.  D.,  213. 

Walter  Hollenstein,  38  L.  D.,  319. 

Peter  X.  Hanson,  38  L.  D.,  169. 

(has.  M.  L.  Daley,  39  L.  D.,  90. 

Instructions,  39  L.  D.,  141. 

Otto  Westfal,  39  L.  D.,  7.r2. 

Frank  G.  Bell,  39  L.  D.,  191. 

<  'alara  F.  Moran,  39  L.  D.,  434. 

Hulda  Rosling,  39  L.  D.,  477. 

Mary  Ward,  39  L.  D.,  495. 

Instructions,  timber  and  stone,  39  L.  D.,  573. 

RELINQUISHMENTS. 

See  Married  Women  page  266. 
See  Deserted  Wife  page  266. 

Circular  of  January  25,  1904,  p.  82,  contains  the  following  regu- 
lation concerning  relinquishment. 

The  first  section  of  the  Act  of  May  14,  1880,  provides : 

(1)  "That  when  a  preemption,  homestead,  or  timber  culture 
claimant  shall  file  a  written  relinquishment  of  his  claim  in  the  Laud 
Office,  the  land  covered  by  such  claim  shall  be  held  as  open  to  settle- 
ment and  entry  without  further  action  on  the  part  of  the  Commis- 
sioner of  the  General  Land  Office. 

(2)  "Relinquishments  run  to  the  United  States  alone,  and  no 
person  obtains  any  right  to  the  land  by  mere  purchase  of  a  relin- 
quishment of  filing  or  entry." 

Entries  and  filings  made  for  the  purpose  of  holding  the  land  for 
speculation  and  the  sale  of  relinquishments  are  illegal  and  fraudu- 
lent, and  every  effort  in  the  power  of  the  Government  will  be 
exerted  to  prevent  such  frauds  and  to  detect  and  punish  the  per- 
petrators." 

(3)  "Purchasers    of   relinquishment    of   fraudulent    filings    or 
entries  should  understand  that  they  purchase  at  their  own  risk,  so 
far  as  the  United  States  is  concerned,  and  must  seek  their  own 
remedies  under  local  laws  against  those  who,  by  imposing  such 
relinquishments   upon   them,   have   obtained  their   money   without 
valuable  consideration." 

"The  first  section  of  the  Act  of  May  14,  1880,  provides  that 
when  a  preempt  ion,  homestead  or  timber  culture  claimant  shall  file 
a  written  relinquishment  of  his  claim  in  the  Land  Office,  the  land 
covered  by  such  claim  shall  be  held  as  open  to  settlement  and  entry 
without  further  action  on  the  part  of  the  Commissioner  of  the 
General  Land  Office. 

The  Register  will  note  on  each  relinquishment,  over  his  signature, 
the  day  and  hour  of  its  receipt,  and  will  write  the  words  'cancelled 
by  relinquishment'  (giving  date)  opposite  the  record  of  the  entry 
in  the  tract  book,  the  register  of  entries,  and  the  register  of  re- 
ceipts, and  will  draw  a  line  over  the  number  of  the  entry  on  the 
township  plat. 

On  Monday  of  each  week  the  Register  and  Receiver  are  directed 
to  transmit  to  this  office  all  the  relinquishments  accepted  by  them 


544 

the  preceding  week,  classifying  the  same  in  their  letter  of  trans- 
mittal  by  class  of  entry  so  transmitted. 

Relinquishments  run  to  the  United  States  alone,  and  no  person 
obtains  any  right  to  the  land  by  the  mere  purchase  of  a  relinquish- 
ment  of  filing  or  entry. 

Entries  and  filings  made  for  the  purpose  of  holding  the  land 
for  speculation  and  the  sale  of  relinquishments  are  illegal  and 
fraudulent,  and  every  effort  in  the  power  of  the  Government  will 
be  exerted  to  prevent  such  frauds  and  to  detect  and  punish  the 
perpetrators. 

Purchasers  of  relinquishments  of  fraudulent  filings  or  entries 
should  understand  that  they  purchase  at  their  own  risk,  so  far  as 
the  United  States  is  concerned,  and  must  seek  their  own  remedies 
under  local  law  sagainst  those  who,  by  imposing  such  relinquish- 
ments upon  them,  have  obtained  their  money  without  valuable 
consideratipn. " 

RELINQUISHMENTS— CONTESTANT'S  PREFERENCE—  HOMESTEAD 

SETTLEMENTS. 

An  Act  for  the  relief  of  settlers  on  public  lands. 

Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  when  a  preemption,  homestead, 
or  timber  culture  claimant  shall  file  a  written  relinquishment  of  his  claim 
in  the  local  land  office,  the  land  covered  by  such  claim  shall  be  held  as  open 
to  settlement  and  entry  without  further  action  on  the  part  of  the  Commissioner 
of  the  General  Land  Office. 

Sec.  2.  In  all  cases  where  any  person  has  contested,  paid  the  land  office 
fees,  and  procured  the  cancellation  of  any  preemption,  homestead,  or  timber- 
culture  entry,  he  shall  be  notified  by  the  register  of  the  land  office  of  the 
district  in  which  such  land  is  situated  of  such  cancellation,  and  shall  be  allowed 
thirty  days  from  date  of  such  notice  to  enter  said  lands:  Provided,  That  said 
register  shall  be  entitled  to  a  fee  of  one  dollar  for  the  giving  of  such  notice, 
to  be  paid  by  the  contestant,  and  not  to  be  reported. 

Sec.  3.  That  any  settler  who  has  settled,  or  who  shall  hereafter  settle, 
on  any  of  the  public  lands  of  the  United  States,  whether  surveyed  or  unsur- 
veyed,  with  the  intention  of  claiming  the  same  under  the  homestead  laws, 
shall  be  allowed  the  same  time  to  file  his  homestead  application  and  perfect 
his  original  entry  in  the  United  States  Land  Office  as  is  now  allowed  to  settlers 
under  the  preemption  laws  to  put  their  claims  on  record,  and  his  rights  shall 
relate  back  to  the  date  of  settlement  the  same  as  if  he  settled  under  the  pre- 
emption laws. 

Approved,  May  14,  1880  (21  Stat.,  140). 

(4)  These  relinquishments  are  of  no  force  or  effect  until  filed  with   the 
Land  Office  for  the  district  in  which  the  land  is  situated.     When  received  at 
the  Land  Office  the  day  and  hour  received  will  be  noted  over  the  signature 
of  the  officer  receiving  the  same,  and  proper  notations  will  be  made  upon  the 
serial  register,  tract  book  and  plats  and  other  records.     These  papers  are  trans- 
mitted to  the  General  Land  Office  with  the  register's  return  at  the  end  of  the 
month  in  which  they  are  received.     A  schedule  of  such  relinquishments  is  kept 
on  file  in  the  local  land  office.     (See  circular  of  June  10,  1908,  L.  D.) 

(5)  Relinquishments  of  entries  can  not  defeat  the  preference  right  of  con- 
testants. 

Contests  are  presumed  to  induce  relinquishments.  This  presumption  is 
always  followed  and  the  burden  is  on  the  applicant  presenting  the  relinquish- 
ment  of  a  contested  entry  to  show  that  as  a  matter  of  fact  the  relinquishment 
was  not  induced  by  the  contest.  (See  Circular,  — ,  page  — .) 

(6)  An  entryman  who  relinquishes  his  entry  .exhausts  his  right  to  make 
another  unless  he  can  bring  himself  within  the  provisions  of  the  law  allowing 
second  homestead   entries,   or  presents  such   state  of  facts  as  will  justify  the 
exercise  of  the  equitable  powers  of  the  Department  in  allowing  second  notice. 

For  information  on  this  subject  consult  Title  "Second  Homestead  En- 
tries." 


545 

A  relinquishment  of  a  non-contested  entry  presented  with  new  application 
gives  the  applicant  the  first  right  to  file  on  the  land. 

(7)  A  relinquishment  of  a  non-contested  entry  of  land  in  the  possession 
of  another  at  the  time  of  filing  of  relinquishmeiit  can  not  defeat  the  right  of 
the  party  in  possession. 

(8)  "The  right  of  a  settler  who  is  residing  upon  land  covered  by  the 
entry  of  another  attaches  eo  instanti  on  the  relinquishment  and  cancellation 
of  such  entry,  and  is  superior  to  that  of  a  homesteader  who  makes  entry  of 
the  land  immediately  after  its  relinquishment."     (Stone  v.  Cowles,  13  L.  D., 
192.) 

(9)  A  timber  culture  entryman  who  files  a  relinquishment  and  thereupon 
applies  to  another  the  land  under  the  homestead  law,  can  not  thereby  defeat  the 
right  of  a  settler  who  is  residing  upon  said  land  at  the  date  of  the  relinquish- 
ment.    (13  L.  D.,  148.) 

(10)  "Takes    effect    immediately    on    filing    notwithstanding    a    pending 
contest  and  opens  the  land  to  the  entry  of  the  first  legal  applicant,  which  is 
subject,  however,  to  the  preferred  right  of  the  contestant."     (11  L.  D.,  266,  283, 
313-619.) 

(11)  "The  right  of  a  settler  who  is  on  land  embraced  within  the  entry  of 
another  attaches  at  once  on  the  relinquishment  of  said  entry,  and  defeats  an 
application  to  another  filed  by  a  third  party  immediately  after  said  relinquish- 
ment." 

Neil  v.  Southard,  16  L.  D.,  386;  Zaspell  v.  Nolan,  13  L.  D.,  148;  Fosgate  v. 
Bell,  14  L.  D.,  439;  McGowan  v.  McCann,  15  L.  D.,  542. 

' '  A  settler  on  land  covered  by  the  entry  of  another  acquires  a  legal  status, 
as  against  the  Government  the  instant  such  entry  is  relinquished,  and  the  right 
thus  acquired  is  not  defeated  by  the  entry  of  a  third  party  immediately  fol- 
lowing said  relinquishment."  (McCann,  15  L.  D.,  542.) 

(12)  "A  settler  on  land  covered  by  the  entry  of  another  acquires  a  legal 
status,  as  against  the  Government  the  instant  such  entry  is  relinquished,  and 
the  right  thus  acquired  is  not  defeated  by  the  entry  of  a  third  party  immedi- 
ately following  said  relinquishment."     (McCann,   15  L.   D.,  542.) 

(13)  Under  the  above  rulings  a  person  in  possession  of  land  at  the  time 
of  the  relinquishment  has  the  right  of  entry  on  the  ground  of  prior  possession, 
and  his  remedy  is  by  contest  on  that  ground,   or  by  applying  for  an  order 
directing  the  entryman  to  show  cause  why  his  entry  should  not  be  canceled,  on 
the  ground  that  the  applicant  is  a  prior  settler. 

On  February  13,  1912,  Commissioner  of  the  General  Land  Office  issued 
Circular  No.  81,  covering  additional  relinquishments: 

(a)   Conditional  Relinquishments. 

*  *  *  By  direction  of  the  Secretary  of  the  Interior,  you  are  advised  that 
the  practice  now  prevailing  in  some  local  offices  of  allowing  the  filing  of  a 
conditional  relinquishment  of  an  entry  or  claim  subject  to  the  allowance  of  an 
accompanying  application  for  the  land  involved,  must  be  discontinued. 

Accordingly  you  are  advised  of  such  practice  that  hereafter  (except  as 
noted  below)  the  filing  of  a  relinquishment  of  an  entry  or  claim  will  be  treated 
as  absolute,  and  cancellation  thereof  at  once  noted  of  record,  and  the  tract 
embraced  therein  will  be  subject  to  disposition  under  existing  laws.  The  only 
exceptions  to  this  rule  are  relinquishments  of  approved  rights  of  way,  condi- 
tioned upon  the  approval  of  a  subsequent  application,  filed  as  an  amendment 

to  the  approved  right  of  way,  or  as  an  independent  application,  but   

in  whole  or  in  part  with  the  approved  right  of  way.  Such  relinquishments 
should  not  be  noted  until  you  are  advised  of  their  acceptance  by  this  office. 
Many  applications  for  improvements  of  entries  are  accompanied  by  relinquish- 
mentfl  of  the  tracts  sought  to  be  excluded.  This  is  not  necessary,  and  you 
should  advise  such  applicants  that  if  the  relinquishment  is  filed  it  is  your 
duty  to  at  once  make  the  same  of  record." 

(14)  An  entryman  may  relinquish  at  pleasure  any  legal  subdivision  of  his 
entry,  if  no  transfer  thereof  has  been  made,  and  such  relinquishment  will  take 
effect  immediately  upon  its  filing."     (Strader  v.  Goodhue,  31  L.  D.,  137.) 

(15)  If  an  entry  is  relinquished  pending  attack  by  several  parties  alleging 
priority   of   settlement,   the    question    of   priority   shall   be    determined   before 
allowing  either  of  the  parties  contestant  to  make  entry  of  the  land  involved." 
(Cagle  v.  Mendenhall,  26  L.  D.,  177.) 

(16)  "A  contract  to  soil  the  relinquishment  of  a  homestead  entry  is  not  in 
violation  of  the  oath  required  of  the  homestead  applicant  by  Section  2290  of  the 


546 

Revised  Statutes  as  amended  by  the  Act  of  March  "3,  1891,  and  is  no  ground 
for  cancellation  of  the  entry  if  good  faith  on  the  part  of  the  entryman  at  the 
time  of  making  his  entry  is  apparent."  (Stubendordt  v.  Carpenter,  32  L.  D., 
139.) 

(17)  Relinquishment  of  entries  run  only  to  the  United  States,  and  when 
filed  for  any  purpose  operate  to  clear  the  record  of  the  entries  to  which  they 
relate  and  should  generally  be  treated   as  a  part  of  the  records  of  the  Land 
Department."     (Judson  Reno,  35  L.  D.,  254.) 

(18)  "No  such  rights  are  required  by  an  application  to  intervention  in 
proceedings  instituted  by  the  Government  against  a  final  entry  as  will  prevent 
the  acceptance  of  a  relinquishment  of  the  entry  and  the  allowance  of  another 
application  for  the  same  land."     (36  L.  D.,  440.) 

(19)  "A  relinquishment   of  an  entry  procured  through  misrepresentation 
is  invalid."     (Kunz  v.  Jochim,  37  L.  D./169.) 

(20)  "The  filing  of  an  unconditional  relinquishment  operates  eo  instanti 
to  terminate  the  entry,   which   is  thereafter  no  obstacle   to   the  making   of  a 
second  entry  by  the  entryman  notwithstanding  it  may  remain  uncanceled  of 
record."     (37  L.  D.,  282.) 

(21)  "A  relinquishment   of   a  part   of   a  homestead   entry,   which  would 
render  the  remaining  tracts  noncontiguous,  should  not  be  accepted. 

Where,  however,  such  a  relinquishment  was  accepted,  and  the  eutryman 
upon  the  faith  of  such  action  complies  with  the  law  and  submits  proof  with 
respect  to  the  remaining  noncontiguous  tracts,  the  entry  may  be  submitted  to 
the  board  of  equitable  adjudication  with  a  view  to  confirmation."  (Geo.  H. 
Plowman,  38  L.  D.,  412.) 

(22)  "A  homestead  entry  by  one  who  purchased  the  improvements  and 
relinquishment  of  a  prior  entryman  will  not  be  canceled  to  reinstate  the  former 
entry  in  the  absence  of  fraud  or  bad  faith  merely  because  the  relinquishment 
of  the  former  entry  was  filed  after  the  entryman 's  death. 

As  between  the  parties  a  sale  of  improvements  and  relinquishment  of  an 
entry  is  a  valid  contract  and  though  it  conveys  no  right  as  against  the  United 
States,  it  is  obligatory  on  the  entryman  and  his  heirs,  and  the  equity  of  the 
purchase  to  make  entry  may  properly  be  recognized  if  exercised  promptly  and 
prior  to  the  intervention  of  any  adverse  right." 

(Wilson  v.  Holmes  et  al.,  38  L.  D.,  475.) 

(23)  Entry  not  to  be  canceled  until  rights  of  mortgagee  have  been  deter- 
mined.    (Henry  Gimble  et  al.,  38  L.  D.,  198.) 

(24)  The  relinquishment  of  homestead  entry  in  good  faith  to  avoid  con- 
troversy  with    an   adverse    claim    believed,    or    reasonably   apprehended   to   be 
superior,  would  not  defeat  the  right  of  the  party  to  make  a  second  entry  under 
the  Act  of  February  3,  1911.    Patry  v.  Eowe,  39  L.  D.,  219. 

(For  further  information  on  this  subject  see  Title  Re-payment  Mortgage, 
Possession  of  Lands.) 

[In  reply  please  refer  to  Circular  No.  141.] 

INSTRUCTIONS  AS  TO  KELINQUISHMENTS  BY  INDIANS. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  July  15,  1912. 
Registers  and  Receivers, 

United  States  Land  Offices. 

Sirs:  The  Commissioner  of  Indian  Affairs  in  his  letter  of  July  1,  1912, 
requests  that  the  local  officers  be  instructed  to  require  Indians,  in  the  execu- 
tion of  relinquishments,  of  allotment  applications,  or  homestead  entries  under 
the  Act  of  July  4,  1884,  to  make  a  statement  on  the  back  of  the  relinquishments 
submitted  of  the  reasons  governing  them  in  making  such  relinquishments. 

The  Commissioner  of  Indian  Affairs  states  that  this  would,  in  many  cases, 
eliminate  the  necessity  of  obtaining  from  the  officials  in  the  field  a  special 
report  as  to  the  propriety  of  accepting  the  relinquishment. 

You  will,  therefore,  in  case  of  a  relinquishment,  filed  by  an  Indian,  of  an 
allotment  application,  or  of  a  homestead  entry,  under  the  Act  of  July  4,  1884, 
require  the  party  to  write  at  the  foot  of  the  regular  form  provided  for  relin- 
quishments, or  upon  the  back  thereof,  a  clear  statement  of  his  reasons  for 
desiring  to  make  such  relinquishment. 

Very  respectfully,  S.  V.  Prondfit, 

Assistant  Commissioner, 


547 

SALE  AND  DISPOSAL  OF  THE  PUBLIC  LANDS. 

Sec.  2353.  Public  sale  of  lands  in  half  quarter-sections. 

Sec.  2354.  Private  sales,  in  what  bodies. 

Sec.  2355.  Private  sales,  proceedings  in. 

Sec.  2356.  No  credit  on  sales  of  public  lands. 

See.  2357.  Price  of  lands  $1.25  per  acre. 

Sec.  2358.  Public  lands  may  be  offered  for  sale  in  such  proportions  as  the 

President  chooses. 

Sec.  2359.  Advertisement  of  sales. 

Sec.  2360.  Duration  of  sales. 

Sec.  2361.  Several  certificates  issued  to  two  or  more  purchasers  of  same 

section. 

Sec.  2362.  Purchase-money  refunded  where  sale  cannot  be  confirmed. 

Sec.  2363.  Eefunding  in  certain  cases,  how  done. 

Sec.  2364.  Minimum  price,  how  fixed  when  reservations  sold. 

Sec.  2365.  Highest  bidder  when  preferred  in  private  sales. 

Sec.  2366.  What  coins  receivable  in  payment  for  public  lands. 

Sec.  2367.  Lands  in   California  subject   to  private  entry  and  withdrawn, 

how  to  be  opened  to  entry. 

Sec.  2368.  Certain   lands  located  in  good   faith,  by  claims  arising  under 

treaty  of  September  30,  1854,  may  be  purchased,  etc. 

Sec.  2369.  Mistakes  in  entry  of  land,  provisions  for. 

Sec.  2370.  Mistakes  in  patent  lands. 

Sec.  2371.  Mistakes  in  location  of  warrants. 

Sec.  2372.  Error  in  entry  by  mistake  of  numbers,  proceedings  upon. 

Sec.  2373.  Agreement  and  acts  intended  to  prevent  bids,  penalty. 

Sec.  2374.  Agreements  to  pay  premium  to  purchasers  at  public  sales. 

Sec.  2375.  Recovery  of  premiums  paid  to  purchasers  at  public  sales. 

Sec.  2376.  Discovery  of  agreements  to  pay  premiums  by  bill  in  equity. 

Sec.  2377.  Limitation  of  entries  by  agricultural-college  scrip. 

Sec.  2378.  Grant  to  new  States. 

Sec.  2379.  Selections  and  locations  of  lands  granted  in  last  section. 

Sec.  2353.  All  the  public  lands,  the  sale  of  which  is  authorized  by  law. 
shall,  when  offered  at  public  sale  to  the  highest  bidder,  be  offered  in  half 
quarter-sections. 

24  April,  1820,  c.  51,  s.  1.  v.  3,  p.  566;  U.  S.  v.  Gratiot,  14  Pet.,  526;  Oliver 
v.  Piatt,  3  How.,  333;  Brown's  Lessee  v.  Clements,  3  How.,  650;  Gazzam  v. 
PhillipSj  20  How.,  372;  Eldred  v.  Septon,  19  Wall.,  189. 

Sec.  2354.  All  the  public  lands,  when  offered  at  private  sale,  may  be  pur- 
.chased,  at  the  option  of  the  purchaser,  in  entire  sections,  half-sections,  quarter- 
sections,  half  quarter-sections,  or  quarter  quarter-sections. 

Sec.  2355.  Every  person  making  application  at  any  of  the  land  offices  of 
the  United  States  for  the  purchase  at  private  sale  of  a  tract  of  land  shall 
produce  to  the  register  a  memorandum  in  writing,  describing  the  tract,  which 
he  shall  enter  by  the  proper  number  of  the  section,  half-section,  quarter-section, 
half  quarter-section,  or  quarter  quarter-section,  as  the  case  may  be,  and  of 
the  township  and  range,  subscribing  his  name  thereto,  which  memorandum  the 
register  shall  file  and  preserve  in  his  office. 

Sec.  2356.  Credit  shall  not  be  allowed  for  the  purchase-money  on  the  sale 
of  any  of  the  public  lands,  but  every  purchaser  of  lands  sold  at  public  sale 
shall,  on  the  day  of  purchase,  make  complete  payment  therefor;  and  the  pur- 
chaser at  private  sale  shall  produce  to  the  register  of  the  land  office  a  receipt 
from  the  Treasurer  of  the  United  States,  or  from  the  receiver  of  public 
moneys  of  the  district,  for  the  amount  of  the  purchase-money  on  any  tract, 
before  he  enters  the  same  at  the  land  office;  and  if  any  person,  being  the  highest 
bidder  at  public  sale  for  a  tract  of  land,  fails  to  make  payment  therefor  on 
the  day  on  which  the  same  was  purchased,  the  tract  shall  be  again  offered  at 
public  sale  on  the  next  day  of  sale,  and  such  person  shall  not  be.  capable  of 
becoming  the  purchaser  of  that  or  any  other  tract  offered  at  such  public  sales. 

Sec.  2357.  The  price  at  which  the  public  lauds  are  offered  for  sale  shall 
be  one  dollar  and  twenty-five  cents  an  acre;  and  at  every  public  sale,  the  highest 
bidder,  who  makes  payment  as  provided  in  the  preceding  section,  shall  be  the 
purchaser;  but  no  land  shall  be  sold,  either  at  public  or  private  sale,  for  a  less 
price  than  one  dollar  and  twenty-five  cents  an  acre;  and  all  the  public  lands 
which  are  hereafter  offered  at  public  sale,  according  to  law,  and  remain  unsold 
at  the  close  of  such  public  sales,  shall  be  subject  to  be  sold  at  private  sale, 


548 

by  entry  at  the  land  office,  at  one  dollar  and  twenty-five  cents  an  acre,  to  be 
paid  at  the  time  of  making  such  entry:  Provided,  That  the  price  to  be 
paid  for  alternate  reserved  lands,  along  the  line  of  railroads  within  the  limit 
granted  by  any  Act  of  Congress,  shall  be  two  dollars  and  fifty  cents  per  acre. 

Sec.  2358.  Whenever  the  President  is  authorized  to  cause  the  public 
lands,  in  any  land-district,  to  be  offered  for  sale,  he  may  offer  for  sale,  at  first, 
only  a  part  of  the  lands  contained  in  such  district,  and  at  any  subsequent  time 
or  times,  he  may  offer  for  sale  in  the  same  manner  any  other  part,  or  the 
remainder  of  the  lands  contained  in  the  same. 

Sec.  2359.  The  public  lands  which  are  exposed  to  public  sale  by  order 
of  the  President  shall  be  advertised  for  a  period  of  not  less  than  three  nor 
more  than  six  months  prior  to  the  day  of  sale,  unless  otherwise  specially 
provided. 

Sec.  2360.  The  public  sales  of  lands  shall,  respectively,  be  kept  open  for 
two  weeks,  and  no  longer,  unless  otherwise  specially  provided  by  law. 

Sec.  2361.  Where  two  or  more  persons  have  become  purchasers  of  a  section 
or  fractional  section,  the  Register  of  the  land  office  of  the  district  in  which 
the  lands  lie  shall,  on  application  of  the  parties,  and  a  surrender  of  the 
original  certificate,  issue  separate  certificates,  of  the  same  date  with  the 
original,  to  each  of  the  purchasers,  or  their  assignees,  in  conformity  with  the 
division  agreed  on  by  them;  but  in  no  case  shall  the  fractions  so  purchased  be 
divided  by  other  than  north  and  south,  or  east  and  west,  lines;  nor  shall  any 
certificate  issue  for  less  than  eighty  acres. 

Sec.  2362.  The  Secretary  of  the  Interior  is  authorized,  upon  proof  being 
made,  to  his  satisfaction,  that  any  tract  of  land  has  been  erroneously  sold  by 
the  United  States,  so  that  from  any  cause  the  sale  cannot  be  confirmed,  to 
repay  to  the  purchaser,  or  to  his  legal  representatives  or  assignees,  the  sum 
of  money  which  was  paid  therefor,  out  of  any  money  in  the  Treasury  not 
otherwise  appropriated. 

Sec.  2363.  Where  any  tract  of  land  has  been  erroneously  sold,  as  de- 
scribed it  the  preceding  section,  and  the  money  which  was  paid  for  the  same 
has  been  invested  in  any  stocks  held  in  trust,  or  has  been  paid  into  the 
Treasury  to  the  credit  of  any  trust-fund,  it  is  lawful,  by  the  sale  of  such 
portion  of  the  stocks  as  may  be  necessary  for  the  purpose,  or  out  of  such 
trusf-fund,  to  repay  the  purchase  money  to  the  parties  entitled  thereto. 

Sec.  2364.  Whenever  any  reservation  of  public  lands  is  brought  into 
market,  the  Commissioner  of  the  General  Land  Office  shall  fix  a  minimum 
price,  not  less  than  one  dollar  and  twenty-five  cents  per  acre,  below  which 
such  lands  shall  not  be  disposed  of. 

Sec.  2365.  Where  two  or  more  persons  apply  for  the  purchase,  at  private 
sale,  of  the  same  tract,  at  the  same  time,  the  Eegister  shall  determine  the 
preference,  by  forthwith  offering  the  tract  to  the  highest  bidder. 

See.  2366.  The  gold  coins  of  Great  Britain  and  other  foreign  coins  shall 
be  received  in  all  payments  on  account  of  public  lands,  at  the  value  estimated 
annually  by  the  Director  of  the  Mint,  and  proclaimed  by  the  Secretary  of  the 
Treasury,  in  accordance  with  the  provisions  of  section  thirty-five  hundred  and 
sixty-four,  title,  "The  Coinage." 

Sec.  2367.  Wherever  lands  in  California  subject  to  private  entry  have 
been  or  are  hereafter  withdrawn  from  market  for  any  cause,  such  lands  shall 
not  thereafter  be  held  subject  to  private  entry  until  they  have  first  been  open 
for  at  least  ninety  days  to  homestead  and  pre-emption  settlers,  and  again 
offered  at  public  sale. 

Sec.  2368.  The  Secretary  of  the  Interior  is  authorized  to  permit  the  pur- 
chase, with  cash  or  military  bounty-land  warrants,  of  such  lands  as  may  have 
been  located  with  claims  arising  under  the  seventh  clause  of  the  second  article 
of  the  treaty  of  September  thirty,  eighteen  hundred  and  fifty-four,  at  such 
price  as  he  deems  equitable  and  proper,  but  not  at  a  less  price  than  one  dollar 
and  twenty-five  cents  per  acre,  and  the  owners  and  holders  of  such  claims  in 
good  faith'  are  also  permitted  to  complete  their  entries,  and  to  perfect  their 
titles  under  such  claims  upon  compliance  with  the  terms  above  mentioned;  but 
it  must  be  shown  to  the  satisfaction  of  the  Secretary  of  the  Interior  that 
such  claims  are  held  by  innocent  parties  in  good  faith,  and  that  the  locations 
made  under  such  claims  have  been  made  in  good  faith  and  by  innocent  holders 
of  the  same. 

Sec.  2369.  In  every  case  of  a  purchaser  of  public  lands,  at  private  sale, 
having  entered  at  the  land  office,  a  tract  different  from  that  he  intended  to 
purchase,  and  being  desirous  of  having  the  error  in  his  entry  corrected,  he 


549 

shall  make  his  application  for  that  purpose  to  the  Register  of  the  land  office; 
and  if  it  appears  from  testimony  satisfactory  to  the  Register  and  Receiver,  that 
an  error  in  the  entry  has  been  made,  and  that  the  same  was  occasioned  by 
original  incorrect  marks  made  by  the  surveyor,  or  by  the  obliteration  or 
change  of  the  original  marks  and  numbers  at  corners  of  the  tract  of  land;  or 
that  it  has  in  any  otherwise  arisen  from  mistake  or  error  of  the  surveyor, 
or  officers  of  the  land  office,  the  Register  and  Receiver  shall  report  the  case, 
with  the  testimony  and  their  opinion  thereon,  to  the  Secretary  of  the  Interior, 
who  is  authorized  to  direct  that  the  purchaser  is  at  liberty  to  withdraw  the 
entry  so  erroneously  made,  and  that  the  moneys  which  have  been  paid  shall 
be  applied  in  the  purchase  of  other  lands  in  the  same  district,  or  credited  in 
the  payment  of  other  lands  which  have  been  purchased  at  the  same  office. 

Sec.  2370.  The  provisions  of  the  preceding  section  are  declared  to  extend 
to  all  cases  where  patents  have  issued  or  may  hereafter  issue;  upon  condition, 
however,  that  the  party  concerned  surrenders  his  patent  to  the  Commissioner 
of  the  General  Land  Office,  with  a  relinquishment  of  title  thereon,  executed  in 
a  form  to  be  prescribed  by  the  Secretary  of  the  Interior. 

Sec.  2371.  The  provisions  of  the  two  preceding  sections  are  made  appli- 
cable in  all  respects  to  errors  in  the  location  of  land  warrants. 

Sec.  2372.  In  all  cases  of  an  entry  hereafter  made,  of  a  tract  of  land 
not  intended  to  be  entered,  by  a  mistake  of  the  true  numbers  of  the  tract 
intended  to  be  entered,  where  the  tract,  thus  erroneously  entered,  does  not 
in  quantity  exceed  one-half  section,  and  where  the  certificate  of  the  original 
purchaser  has  not  been  assigned,  or  his  right  in  any  way  transferred,  the 
purchaser,  or,  in  case  of  his  death,  the  legal  representatives,  not  being  assignees 
or  transferees,  may,  in  any  case  coming  within  the  provisions  of  this  section, 
file  his  own  affidavit,  with  such  additional  evidence  as  can  be  procured,  showing 
the  mistake  of  the  numbers  of  the  tract  intended  to  be  entered,  and  that  every 
reasonable  precaution  and  exertion  had  been  used  to  avoid  the  error,  with  the 
Register  and  Receiver  of  the  land  district  within  which  such  tract  of  land  is 
situated,  who  shall  transmit  the  evidence  submitted  to  them  in  each  case, 
together  with  their  written  opinion,  both  as  to  the  existence  of  the  mistake 
and  the  credibility  of  each  person  testifying  thereto,  to  the  Commissioner  of  the 
General  Land  Office,  who,  if  he  be  entirely  satified  that  the  mistake  has  been 
made,  and  that  every  reasonable  precaution  and  exertion  had  been  made  to 
avoid  it,  is  authorized  to  change  the  entry,  and  transfer  the  payment  from  the 
tract  erroneously  entered,  to  that  intended  to  be  entered,  if  unsold;  but  if 
sold,  to  any  other  tract  liable  to  entry;  but  the  oath  of  the  person  interested 
shall  in  no  case  be  deemed  sufficient,  in  the  absence  of  other  corroborating 
testimony,  to  authorize  any  such  change  of  entry;  nor  shall  anything  herein 
contained  affect  the  right  of  third  persons. 

Sec.  2373.  Every  person,  who,  before  or  at  the  time  of  the  public  sale  of 
any  of  the  lands  of  the  United  States,  bargains,  contracts,  or  agrees,  or 
attempts  to  bargain,  contract,  or  agree,  with  any  other  person,  that  the  last 
named  person  shall  not  bid  upon  or  purchase  the  land  so  offered  for  sale,  o"r 
any  parcel  thereof,  or  who,  by  intimidation,  combination,  or  unfair  manage- 
ment, hinders,  or  prevents,  or  attempts  to  hinder  or  prevent,  any  person  from 
bidding  upon  or  purchasing  any  tract  of  land  so  offered  for  sale,  shall  be  fined 
not  more  than  one  thousand  dollars,  or  imprisoned  not  more  than  two  years, 
or  both. 

Sec.  2374.  If  any  person  before,  or  at  the  time  of  the  public  sale  of  any 
of  the  lands  of  the  United  States,  enters  into  any  contract,  bargain,  agreement, 
or  secret  understanding  with  any  other  person,  proposing  to  purchase  such  land, 
to  pay  or  to  give  to  such  purchasers  for  such  land  a  sum  of  money  or  other 
article  of  property,  over  and  above  the  price  at  which  the  land  is  bid  off  by 
such  purchasers,  every  such  contract,  bargain,  agreement,  or  secret  under- 
standing, and  every  bond,  obligation,  or  writing  of  any  kind  whatsoever, 
founded  upon  or  growing  out  of  the  same,  shall  be  utterly  null  and  void. 

Sec.  2375.  Every  person  being  a  party  to  such  contract,  bargain,  agree- 
ment, or  secret  understanding,  who  pays  to  such  purchaser  any  sum  of  money 
or  any  other  article  of  value,  over  and  above  the  purchase  money  of  such  land, 
may  sue  for  and  recover  such  excess  from  such  purchaser  in  any  court  having 
jurisdiction  of  the  same. 

Sec.  2376.  If  the  party  aggrieved  have  no  legal  evidence  of  such  contract, 
bargain,  agreement,  or  secret  understanding,  or  of  the  payment  of  the  excess, 
he  may,  by  bill  in  equity,  compel  such  purchaser  to  make  discovery  thereof; 
and  if  in  such  case  the  complainant  shall  ask  for  relief,  the  court  in  which 


550 

the  bill  is  pending  may  proceed  to  final  decree  between  the  parties  to  the 
same;  but  every  such  suit  either  in  law  or  equity  shall  be  commenced  within 
six  years  next  after  the  sale  of  such  land  by  the  United  States. 

Sec.  2377.  In  no  case  shall  more  than  three  sections  of  public  lands  be 
entered  at  private  entry  in  any  one  township  by  scrip  issued  to  any  State 
under  the  Act  approved  July  two,  eighteen  hundred  and  sixty-two,  for  the 
establishment  of  an  agricultural  college  therein. 

Sec.  2378.  There  is  granted,  for  purposes  of  internal  improvement,  to  each 
new  State,  hereafter  admitted  into  the  Union,  upon  such  admission,  so  much 
public  land  as,  including  the  quantity  that  was  granted  to  such  State  before 
its  admission  and  while  under  a  territorial  government,  will  make  five  hundred 
thousand  acres. 

Sec.  2379.  The  selections  of  lands,  granted  in  the  preceding  section, 
shall  be  made  within  the  limits  of  each  State  so  admitted  into  the  Union, 
in  such  manner  as  the  legislatures  thereof,  respectively,  may  direct;  and  such 
lands  shall  be  located  in  parcels  conformably  to  sectional  divisions  and  sub- 
divisions of  not  less  than  three  hundred  and  twenty  acres  in  any  one  location, 
on  anv  public  land  not  reserved  from  sale  by  law  of  Congress  or  by  proclama- 
tion of  the  President.  The  locations  may  be  made  at  any  time  after  the 
public  lands  in  any  such  new  State  have  been  surveyed  according  to  law. 

SUPERVISORY  CONTROL. 

Authority  of  Secretary. — The  Secretary  is  bound  to  exercise  "that  just 
supervision  which  the  law  vests  in  him  over  all  proceedings  instituted  to 
acquire  portions  of  the  public  lands":  Lee  v.  Johnson,  116  U.  S.  48;  this 
supervisory  power  may  be  exercised  of  his  own  motion  and  in  the  absence 
of  appeal;  Knight  v.  Land  Assn.,  142  U.  S.  178;  Pueblo  of  San  Francisco,  5 
L.  D.  483;  it  is  ordinarily  to  be  exercised  according  to  certain  fixed  rules; 
Asher  v.  Holmes,  8  L.  D.  396;  and  is  properly  involved  by  application  for 
certiorari;  H.  C.  Putnam,  5  L.  D.  22;  it  is  properly  exercised  to  prevent  sub- 
stantial injustice;  Dickson  v.  Schlater,  2  L.  D.  597;  Oscar  T.  Koberts,  8  L.  D. 
423;  as  in  case  of  relinquishment  by  an  entryman  to  defraud  his  transferee; 
William  v.  U.  S.,  138  U.  S.  514;  it  extends  to  a  waiver  of  all  irregularities 
in  the  proceedings  and  consideration  of  the  case  on  its  merits;  C.  W.  Filkins, 
5  L.  D.  49,  to  order  a  hearing  out  of  time;  Alice  Placer,  4  L.  D.  314; 
Sweeney  v.  Wilson,  10  L.  D.  157;  Devereux  v.  Hunter,  11  L.  D. 
214;  Tarn  v.  Story,  16  L.  D.  282;  to  overlook  delay  or  irregularity  in  filing  a 
motion  for  review;  R.  R.  v.  Bass,  14  L.  D.  443;  to  reopen  a  case  that  has 
been  closed  by  failure  to  appear;  Pikes  Peak  Lode,  14  L.  D.  47;  Purcell  v.  R.  R., 
14  L.  D.  574;  and  to  dispense  with  the  requirements  of  the  rules  of  practice; 
see  Power  to  Waive  Rules.  See  case,  Cogle  v.,  26  L.  D.  177. 

Authority  of  Commissioner. — "The  Commissioner  of  the  General  Land 
Office  exercise  a  general  superintendence  over  the  subordinate  officers  of  his 
department,  and  is  clothed  with  liberal  powers  of  control,  to  be  exercised 
for  the  purpose  of  justice  and  to  prevent  the  consequences  of  inadvertence, 
irregularity,  mistake  and  fraud  in  the  important  and  extensive  operations  of 
that  officer;"  so  he  may  accept  surrender  of  a  patent  and  issue  a  new  one 
to  correct  an  error:  Bell  v.  Hearne,  1.9  How.  252;  the  Commissioner's  power 
and  duty  of  supervision  are  emphasized  in  Barnard  v.  Ashley,  18  How.  43; 
Stephen  Sweayze,  5  L.  D.  570;  Dippert  v.  Berger,  13  L.  D.  496;  Cogle  v.  Men- 
denhall,  26  L.  D.  177. 

An  inherent  supervisory  power,  independent  of  the  Rules  of  Practice, 
is  claimed  by  the  Commissioner  (McFarland  in  Willardson  v.  Dusterberg,  1 
L.  D.  455);  and  the  Commissioner  has  power  to  waive  the  requirements  of  any 
of  the  Rules  of  Practice.  (See  Waiver  by  Commissioner.) 

Force  of  Departmental  Regulations. — All  officers  administering  the  public 
lands  are  bound  by  the  regulations  of  the  Department;  Harkness  v.  Underbill, 
1  Black  325;  the  Rules  of  Practice  have  the  force  of  a  statute;  Parker  v. 
Castle,  4  L.  D.  84;  Stevens  v.  Robinson,  5  L.  D.  Ill;  Farrier  v.  Falk,  13  L.  D. 
546;  Witt  v.  Henley,  12  L.  JD.  198;  so  of  Circulars;  Hyde  v.  Warren,  14  L.  D. 
575;  a  Departmental  regulation  not  contrary  to  law  has  the  force  of  law  and 
will  justify  cancellation  of  entries  made  or  prosecuted  in  violation  of  it; 
Rogers  v.  Lukens,  6  L.  D.  Ill;  Hessong  v.  Burgan,  9  L.  D.  353;  and  a  decision 
construing  a  rule  has  the  effect  of  law;  Waterhouse  v.  Scott,  13  L.  D.  718; 
and  all  persons  are  bound  to  take  notice  of  Departmental  rulings;  Hoover  v. 
Lawton,  13  L.  D.  635. 

A  Department  regulation  requiring  a  record  to  be  kept  makes  such  record 


551 

evidence  of  its  contents;  as  a  record  of  registered  letters;  Gurney  v.  Howe,  9 
Gray  404;  and  the  records  of  the  Signal  Service;  De  Armond  v.  Neasmith,  32 
Mich.  231;  Evanston  v.  Gunn,  99  U.  S.  660. 

But  a  Departmental  regulation  may  be  void,  though  not  contrary  to  any 
express  provision  of  law;  Quinn  v.  Chapman,  111  U.  S.  445. 

Force  of  Departmental  Usage — In  addition  to  formal  regulations  and 
decisions,  "usages  have  been  established  in  every  department  of  the  Govern- 
ment, which  have  become  a  kind  of  common  law,  and  regulate  the  rights  and 
duties  of  those  who  act  within  their  respective  limits":  U.  S.  v.  McDaniel, 
7  Peters  1;  Instructions,  13  L.  D.  9. 

Effect  of  Local  Law. — The  provisions  of  local  statutory  law  cannot  vary 
the  practice  in  the  land  office;  Dewey  v.  Christie,  4  L.  D.  346,  but  may  regulate 
matters  not  provided  for  by  Departmental  Kules;  Hagan  v.  Gulbranson,  10  L.  D. 
238,  and  cases  cited. 

Power  to  Waive  the  Eules. — Every  court  has  inherent  power  to  suspend 
its  rules  to  prevent  injustice;  Yturbide  v.  U.  S.,  22  How.  290;  Poultney  v. 
LaFayette,  12  Peters  472;  and  the  Eules  of  Practice  will  not  be  allowed  to 
hinder  the  just  disposal  of  the  public  land;  Ayers  v.  Buell,  2  L.  D.  257;  and 
will  be  waived  in  the  interest  of  substantial  justice;  Pierce  v.  McDougal, 
11  L.  D.  183,  and  cases  cited. 

But  the  rules  are  waived  only  where  good  reason  is  shown  therefor;  Vesu- 
vius Lode,  11  L.  D.  101;  to  prevent  grevious  wrong  or  to  correct  palpable 
mistakes;  Oregon,  9  L.  D.  360;  and  not  unless  the  necessity  is  urgent  and  no 
other  rights  are  to  be  prejudiced;  Wm.  E.  Dargie,  13  L.  J>.  227;  Stevens  v. 
Robinson,  5  L.  D.  Ill;  an  application  for  relaxation  of  the  rules  should  be 
full  and  definite  and  supported  by  affidavit;  Witt  v.  Henley,  12  L.  D.  198. 

While  the  Department  may  overlook  violations  of  its  own  regulations, 
it  cannot  dispense  with  laws:  Doten  v.  Derevan,  3  L.  D.  254. 

Waiver  by  Commissioner. — The  Commissioner  has  power  to  dispense  with 
any  regulation  established  by  himself:  Lytle  v.  Arkansas,  9  How.  314;  he  m&y 
also  waive  any  of  the  Rules  of  Practice;  Jolly  Cobbler  Lode,  3  L.  D.  321;  and 
his  discretion  will  not  be  overruled  unless  prejudice  appears;  Bennett  v. 
Cravens,  12  L.  D.  647;  he  is  particularly  authorized  to  grant  extension  of 
time  for  filing  appeals  and  motions  for  review;  Ojo  del  Espiritu  Santo,  3  L.  D. 
59;  Haffey  v.  States,  14  L.  D.  423;  Wagon  Rd.  Co.  v.  Hart,  17  L.  D.  480; 
Holloway  v.  Lewis,  13  L.  D.  265,  and  cases  cited. 

SALINE  LANDS  RESERVED  AND  SOLD  UNDER  GENERAL  LAWS. 

The  circular  of  the  General  Land  Office  of  January  25,  1904,  contained  the 
following  regulations  and  instructions: 

"Congress  passed  an  Act  January  12,  1877  (19  Stat.,  221),  for  the  sale 
of  saline  or  salt-spring  lands  in  certain  States.  This  Act  has  exclusive  refer- 
ence to  that  class  of  lands  which  at  an  early  period  were  segregated  from  the 
public  lands  on  account  of  salt  springs  and  reserved  from  disposal  under 
general  laws,  and  which,  therefore,  to  use  the  language  of  the  statute,  were 
'incapable  of  being  purchased  under  any  of  the  laws  of  the  United  States 
relative  to  the  public  domain.'  (See  decision  of  the  Supreme  Court  of  the 
United  States  in  the  case  of  Morton  v.  Nebraska,  21  Wallace,  660.)  These 
lands  never  were  subject  to  the  operation  of  the  homestead  and  preemption 
laws,  nor  of  any  other  law  for  the  disposal  of  the  public  lands,  except  the  Act 
of  January  12,  1877,  above  referred  to.  That  Act  provides  for  the  disposal  of 
such  lands  in  a  certain  contingent  at  private  sale,  and,  being  special  in  char- 
acter and  of  particular  application,  is  not  repealed  or  modified  by  the  general 
provisions  of  the  Act  of  March  2,  1889,  'to  withdraw  certain  public  lands 
from  private  entry'  (25  Stat.  L.,  854,  32;  second  paragraph  circular  of  March 
8,  1889,  8  L.  D.,  314)." 

Determination  of  the  Character  of  the  Lands. 

Should  prima  facie  evidence  that  certain  tracts  are  saline  in  character  be 
filed  with  the  Register  and  Receiver  of  the  proper  land  district,  they  will 
designate  a  time  for  a  hearing  at  their  office  and  give  notice  to  all  parties 
in  interest,  in  order  that  they  may  have  ample  opportunity  to  be  present  with 
their  witnesses.  Such  witnesses  will  be  examined  in  regard  to  the  saline  char- 
acter of  the  given  tracts  and  whether  the  same  are  claimed  by  any  person; 
if  so,  the  names  of  the  claimants  and  the  extent  of  their  improvements  must 
be  shown. 


552 

*  The  witnesses  should  be  thoroughly  examined  as  to  the  true  character 
of  the  land  in  other  respects — its  agricultural  capacities;  what  kind  of  crops, 
if  any,  have  been  raised  thereon  or  can  be  raised  from  land  of  such  char- 
acter; whether  it  contains  any  valuable  deposit  of  mineral  of  any  kind  or 
of  coal.  In  short,  the  testimony  should  be  as  complete  as  possible,  and  in 
addition  to  the  points  indicated  above  everything  of  importance  bearing  upon 
the  character  of  the  land  should  be  elicited  at  the  hearing. 

The  testimony  taken  at  the  hearing  will  be  transmitted  to  the  General 
Land  Office  by  the  Kegister  and  Keceiver,  with  their  opinion  thereon.  When 
the  case  comes  before  the  General  Land  Office  such  a  decision  will  be  rendered 
in  regard  to  the  character  of  the  land  as  the  facts  may  warrant. 

Should  the  tracts  be  adjudged  saline  lands,  the  Register  and  Eeeeiver  will 
be  instructed  to  offer  the  same  for  sale,  after  public  notice,  at  the  local  land 
office  of  the  district  in  which  the  same  shall  be  situated,  and  to  sell  said  tract 
or  tracts  to  the  highest  bidder  for  cash  at  a  price  not  less  than  $1.25  per  acre. 

In  case  said  lands  should  not  be  sold  when  so  offered,  they  will  be  subject 
to  private  sale  for  cash  at  a  price  not  less  than  $1.25  per  acre,  in  the  same 
manner  as  other  public  lands  are  sold  at  private  sale. 

Should  the  tract  in  question  be  adjudged  agricultural  or  mineral,  it  will 
be  subject  to  disposal  as  such. 

The  provisions  of  this  Act  do  not  apply  to  any  lands  within  the  Terri- 
tories, nor  to  any  within  the  States  of  Mississippi,  Louisiana,  Florida,  Cali- 
fornia, or  Nevada,  none  of  which  has  had  a  grant  of  salines  by  Act  of 
Congress;  nor  do  they  apply  to  the  States  of  Idaho,  North  Dakota,  South 
Dakota,  Montana,  Washington,  or  Wyoming,  none  of  which  has  had  an  express 
grant  of  saline  lands,  although  each  has  had  a  grant  declared  to  be  in  lieu  of 
saline  and  other  special  grants. 

Attention  is  called  to  the  Act  of  January  31,  1901  (31  Stat.  L.,  745),  which 
reads  as  follows: 

That  all  unoccupied  public  lands  of  the  United  States  containing  salt 
springs  or  deposits  of  salt  in  any  form,  and  chiefly  valuable  therefor,  are 
hereby  declared  to  be  subject  to  location  and  purchase  under  the  provisions 
of  the  law  relating  to  placer  mining  claims:  Provided,  That  such  persons  shall 
not  locate  or  enter  more  than  one  claim  hereunder. 

Since  the  date  of  said  Act,  persons  making  applications  to  enter  or  locate 
public  lands  under  the  homestead  or  other  laws  providing  for  the  disposal 
of  lands  not  mineral  in  character  in  States  and  Territories  excluded  by  statute 
from  the  operation  of  the  general  mining  laws  are  required  to  furnish  an 
affidavit  (Form  4-062a)  showing  that  the  land  applied  for  contains  no  salt 
springs  or  deposits  of  salt  in  any  form  sufficient  to  render  it  chiefly  valuable 
therefor.  (See  circular  of  November  14,  1901;  31  L.  !>.,  131.) 

The  regular  non-mineral  affidavit  (Form  4-062)  has  been  modified  to 
cover  the  provisions  of  the  Act  above  referred  to,  for  use  in  those  States 
where  a  non-mineral  affidavit  is  required. 

For  information  relative  to  the  location  of  this  class  of  lands  under  the 
laws  relating  to  placer  mining,  see  circular  of  instructions  under  the  mining 
laws. 

An  Act  Providing  for  the  Sale  of  Saline  Lands. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  whenever  it  shall  be  made 
appear  to  the  Register  and  Receiver  of  any  land  office  of  the  United  States 
that  any  lands  within  their  district  are  saline  in  character,  it  shall  be  the 
duty  of  said  Register  and  said  Receiver,  under  the  regulation  of  the  General 
Land  Office,  to  take  testimony  in  reference  to  such  lands  to  ascertain  their 
true  character,  and  to  report  the  same  to  the  General  Land  Office;  and  if, 
upon  such  testimony,  the  Commissioner  of  the  General  Land  Office  shall  find 
that  such  lands  are  saline  and  incapable  of  being  purchased  under  any  of  the 
laws  of  the  United  States  relative  to  the  public  domain,  then,  and  in  such 
case,  such  lands  shall  be  offered  for  sale  by  public  auction  at  the  local  land 
office  of  the  district  in  which  the  same  shall  be  situated,  under  such  regulations 
as  shall  be  prescribed  by  the  Commissioner  of  the  General  Land  Office,  and 
sold  to  the  highest  bidder  for  cash  at  a  price  not  less  than  one  dollar  and 
twenty-five  cents  per  acre;  and  in  case  said  lands  fail  to  sell  when  so  offered, 
then  the  same  shall  be  subject  to  private  sale  at  such  land  office,  for  cash, 
at  a  price  not  less  than  one  dollar  and  twenty-five  cents  per  acre,  in  the 
same  manner  as  other  lands  of  the  United  States  are  sold:  Provided;  That  thv 


558 

foregoing  enactments  shall  not  apply  to  any  State  or  Territory  which  has 
not  had  a  grant  of  salines  by  Act  of  Congress,  nor  to  any  State  which  may 
have  had  such  a  grant,  until  either  the  grant  has  been  fully  satisfied,  or  the 
right  of  selection  thereunder  has  expired  by  efflux  of  time.  But  nothing  in 
this  Act  shall  authorize  the  sale  or  conveyance  of  any  title  other  than  such 
as  the  United  States  has,  and  the  patents  issued  shall  be  in  the  form  of  a 
release  and  quitclaim  of  all  title  of  the  United  States  in  such  lands. 

Sec.  2.  That  all  executive  proclamations  relating  to  the  sales  of  public 
lands  shall  be  published  in  only  one  newspaper,  the  same  to  be  situated,  and 
to  be  designated  by  the  Secretary  of  the  Interior.  Approved,  January  12,  1877. 
(19  Stat.,  221.)" 

Digest  of  Decisions  on  Subject  of  Saline  Lands. 

"Until  th%  passage  of  the  Act  of  January  31,  1901,  the  policy  of  the 
Government  was  to  reserve  saline  lands  from  disposal  under  any  of  the  public 
land  lands, .whether  relating  to  the  deposition  of  agricultural  lands  or  relating 
to  the  location  or  purchase  of  mineral  lands,  excepting  as  provided  by  the 
Act  of  January  12,  1877."  (Territory  of  New  Mexico,  21  L.  D.,  389.) 

(For  grant  made  by  section  1  of  the  Act 'of  June  21,  1908,  to  Territory  of 
New  Mexico,  and  character  of  lands  passing  thereunder,  see  case  Territory  of 
New  Mexico,  31  L.  D.,  389.) 

"The  grant  to  the  Territory  of  New  Mexico,  for  the  benefit  of  its  Uni- 
versity, by  section  3  of  the  Act  of  June  21,  1898,  of  'All  Saline  Lands  in  said 
T  erritory,'  includes  only  such  lands  as  contain  common  salt  (sodium  chloride) 
in  its  various  forms  of  existence  or  deposit,  and  in  commercially  valuable 
quantities."  (Territory  of  New  Mexico,  35  L.  D.,  p.  1.) 

Salt  Springs. 

It  is  only  with  respect  to  the  actual  production  of  salt  by  the  usual 
process  that  saline  springs  and  deposits  may  be  regarded  as  within  the  purview 
of  the  mining  laws,  and  the  installation  upon  a  mining  claim  containing  saline 
springs  or  bathhouses  and  appurtenances  for  the  use  of  the  water  for  bathing 
purposes,  nor  in  no  respect  could  future  improvements  beyond  those  utilized, 
can  be  regarded  in  any  respect  as  mining  improvements. 

35  L.  D.,  426. 

(See  citations  of  decisions  under  section  of  Eevised  Statutes  and  Acts  of 
Congress  cited  and  construed.) 

SCRIP  LOCATIONS. 

1.  Character  of  scrip. 

2.  Soldiers'  additional  homestead  rights. 

3.  Form  of  assignment. 

4.  Circular  relating  to  location,  etc. 

5.  Regulations  concerning  location  on  unsurveyed  land. 

6.  Private  land  indemnity  scrip. 

7.  Bounty  land  warrants,  etc. 

See  Soldiers'  and  Sailors'  Homestead  Eights. 

1.  There  are  a  great  many  kinds  of  scrip,  among  which  may  be  men- 
tioned soldiers'  and  sailors'  additional  rights,  forest  reserve  and  Santa  Fe, 
Washburn,  Ewing,  Alabama,  Florida,  Louisiana,  Missouri,  Sioux  half  breed, 
Valentine,  Girard,  Northern  Pacific  and  others,  not  to  mention  land  warrants. 
Space  forbids  extended  presentation  of  the  law  and  regulations  concerning 
all  of  these  scrips. 

"It  was  formerly  the  practice,  on  proof  of  military  service  and  original 
entry  under  section  2306,  Revised  Statutes,  to  issue  a  certificate  in  the  name 
of  the  soldier-entryman,  showing  his  additional  right  and  its  area,  but  the 
practice  was  discontinued  by  circular  of  February  13,  1883  (1  L.  D.,  654), 
and  it  is  held  that  there  is  no  statutory  authority  for  the  same  and  that  the 
soldier  may  obtain  the  right  for  himself  or  sell  it  to  another  without  certifica- 
tion (23  L.  D.,  152)." 

By  the  Act  of  March  3,  1893  (27  Stat.  L.,  593),  provision  is  made  that 
where  soldiers '  additional  homestead  entries  have  been  made  or  initiated  upon 
a  certificate  of  the  Commissioner  of  the  General  Land  Office  of  the  right 
to  make  such  entry,  and  the  certificate  of  right  is  found  to  be  erroneous  or 
invalid  for  any  cause,  the  party  in  interest  thereunder  on  making  proof  of 


554 

« 

his  purchase,  may,  if  there  is  no  adverse  claimant,  perfect  his  title  by  payment 
of  the  Government  price  for  the  land,  but  no  person  may  acquire  more  than 
160  acres  through  the  location  of  any  such  certificate. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 

States  of  America  in  Congress  assembled, 

******* 

"That  section  one  of  an  Act  entitled  'An  Act  to  repeal  timber-culture 
laws,  and  for  other  purposes,'  approved  March  third,  eighteen  hundred  and 
ninety-one,  be,  and  hereby  is,  amended  by  adding  the  following  words  to  the 
fourth  provision  thereof:  And  provided  further,  That  where 

soldiers'  additional  homestead  entries  have  been  made  or  initiated  upon  certifi- 
cate of  the  Commissioner  of  the  General  Land  Office  of  the  right  to  make  such 
entry,  and  there  is  no  adverse  claimant,  and  such  certificate  is  found  erroneous 
or  invalid  for  any  cause,  the  purchaser  thereunder,  on  making  proof  of  such 
purchase,  may  perfect  his  title  by  payment  of  the  Government  price  for  the 
land;  but  no  person  shall  be  permitted  to  acquire  more  than  one  hundred  and 

sixty  acres  of  public  land  through  the  location  of  any  such  certificate." 

*  *  *  *  *     '  *  * 

Approved  March  3,  1893  (27  Stat.,  593). 

"By  the  Act  of  August  18,  1894  (28  Stat.  L.,  397),  all  certificates  regu- 
larly issued  are  declared  to  be  valid,  notwithstanding  any  attempted  sale  or 
transfer,  and  holders  thereof  desiring  to  exercise  a  right  of  entry  in  their 
own  names  must  file  such  certificates  in  the  General  Land  Office,  together 
with  satisfactory  proof  of  ownership  and  of  bona  fide  purchase  for  value. 
If,  upon  examination,  the  proof  so  filed  is  satisfactory,  an  additional  certificate 
will  be  attached  to  the  original  authorizing  the  location  thereof,  or  entry  of 
land  therewith,  in  the  name  of  the  assignee  or  his  assigns.  (Circular  of  October 
16,  1894;  19  L.  D.,  302.)" 
An  Act  making  appropriation  for  sundry  civil  expenses  of  the  Government 

for  the  fiscal  year  ending  June  thirtieth,  eighteen  hundred  and  ninety-five, 

and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled, 

******* 

"That  all  soldiers'  additional  homestead  certificates  heretofore  issued 
under  the  rules  and  regulations  of  the  General  Land  Office  under  section  twenty- 
three  hundred  and  six  of  the  Revised  Statutes,  or  in  pursuance  of  the  de- 
cisions or  instructions  of  the  Secretary  of  the  Interior,  of  date  March  tenth, 
eighteen  hundred  and  seventy-seven,  or  any  subsequent  decisions  or  instructions 
of  the  Secretary  of  the  Interior  or  the  Commissioner  of  the  General  Land 
Office,  shall  be,  and  are  hereby,  declared  to  be  valid,  notwithstanding  any 
attempted  sale  or  transfer  thereof;  and  where  such  certificates  have  been  or 
may  hereafter  be  sold  or  transferred,  such  sale  or  transfer  shall  not  be  regarded 
as  invalidating  the  right,  but  the  same  shall  be  good  and  valid  in  the  hands 
of  bona  fide  purchasers  for  value;  and  all  entries  heretofore  or  hereafter  made 
with  such  certificates  by  such  purchasers  shall  be  approved,  and  patent  shall 
issue  in  the  name  of  the  assignees." 

******* 

Approved  August  18,  1894  (28  Stat.,  397). 

"To  prevent  confusion  and  provide  a  uniform  rule  for  the  transfer  and 
assignment  of  soldiers'  additional  rights,  recertified  to  owners  and  bona  fide 
purchasers  under  said  Act  of  Congress  of  August  18,  1894,  and  official  circular 
of  October  16,  1894  (supra),  the  following  mode  of  procedure  should  be 
observed: 

1.  The  assignment  may  be  written  or  printed  upon  a  separate  sheet  or 
sheets  of  paper  to  be  securely  attached  to  the  certificate. 

2.  Each  assignment  must  be  attested  by  two  witnesses  and  duly  acknowl- 
edged  before  some   officer   authorized   to   take   acknowledgements   of   deeds   in 
the  county  or  district  wherein  the  assignment  is  made,  who  shall  certify  that 
the  assignor  is  well  known  to  such  officer,  that  he  is  the  identical  person  to 
whom    the   soldier's   additional   right   was   recertified,   and   who    executes   the 
assignment  thereof." 

(See  former  page.) 

This  law  does  not  prohibit  the  location  of  said  certificates  by  the  holders 
as  heretofore,  either  by  the  soldiers  in  person  or  by  others  acting  as  attorneys 
for  the  soldiers  and  in  the  names  of  the  soldiers.  Therefore,  when  application 
is  made  to  locate  such  a  certificate  by  the  holder  in  the  name  of  the  soldier 


555 

the  entry  of  land  under  said  certificate  will  be  allowed  if  the  application  papers 
are  regular  in  all  other  respects. 

The  instructions  above  given  relative  to  certificates  of  right  recertified 
under  Act  of  August  18,  1894  (28  Stat.  L.,  397),  apply  with  equal  force  as 
to  the  requisites  of  assignments  of  uncertified  additional  homestead  rights, 
and  the  forms  of  assignment  prescribed  therein  may  be  modified  so  that  the 
same  shall  contain  the  substantial  matter  thereof. 

All  applications  to  locate  certificates  of  additional  homestead  rights  must 
describe  a  particular  tract  and  be  presented  at  the  local  land  office  having 
jurisdiction  over  the  land  desired  to  be  entered,  and  must  be  accompanied  by 
the  usual  nonmineral  and  nonsaline  affidavits. 

An  assignee  of  an  uncertified  right  desiring  to  make  an  additional  entry 
under  this  section  must  present  his  application  as  the  assignee  of  the  soldier 
for  a  specific  tract  of  land  to  the  Register  and  Receiver  of  the  local  office 
in  whose  jurisdiction  the  land  lies,  accompanying  the  same  by  a  complete 
assignment  duly  executed,  attested,  and  acknowledged  as  prescribed  respecting 
the  assignment  of  bounty  land  warrants.  The  identity  of  the  original  assignor 
with  the  soldier  and  original  entryman  must  be  established  by  the  affidavits 
of  two  witnesses,  preferably  by  such  as  have  personal  knowledge  of  the  facts, 
or,  if  such  witnesses  can  not  be  procured,  a  satisfactory  reason  must  be  given, 
and  other  facts  presented  tending  to  establish  such  identity. 

The  applicant  must  furnish  his  affidavit  of  bona  fide  ownership  at  the  date 
of  the  application,  evidence  of  his  citizenship,  the  usual  nonsaline  and  non- 
mineral  affidavits,  and  the  affidavit  of  the  soldier  showing  that  he  has  in  no 
other  manner  exercised  his  homestead  right  than  by  making  the  original 
entry,  either  by  making  an  additional  entry  under  said  section  or  under  any 
other  Act. 

Affidavits  to  establish  the  material  facts  necessary  to  the  proof  of  the 
existence  of  the  right  in  the  applicant  and  the  character  of  the  lands  sought 
to  be  entered  may  be  executed  before  any  officer  authorized  to  administer 
oaths,  and  is  not  confined  to  the  land  district  in  which  the  land  sought  to  be 
entered  is  situate,  and  the  affidavit  as  to  the  character  of  the  land  sought 
to  be  entered  may  be  made  by  any  credible  person  having  the  requisite  knowl- 
edge of  the  premises.  (31  L.  D.,  320.) 

A  soldier  desiring  to  make  the  additional  entry  in  person  must  accompany 
his  application  with  the  evidence  of  his  identity  and  of  his  unimpaired  owner- 
ship. 

An  application  to  make  an  additional  entry,  not  accompanied  by  a  certifi- 
cate of  right  from  this  office,  must  be  forwarded  by  the  local  land  office  to 
this  office  for  consideration  and  for  instructions  relative  to  allowing  the  entry. 
Proper  notation  should  be  made  by  the  local  officers  on  their  records,  showing 
the  pendency  of  such  application  and  the  consequent  segregation  of  the  land. 
(See  Appendix,  circular  letters  of  Febraury  18,  1890,  and  December  4,  1896, 
pp.  238-239.) 

The  Register  and  Receiver  will,  after  entry  is  authorized,  require  the 
party  to  pay  the  same  fee  and  commissions  as  in  eases  of  original  entry;  the 
Receiver  will  issue  his  receipt  for  the  money  paid,  and  these  papers  will 
receive  the  current  date  and  the  proper  numbers  in  their  homestead  series. 
Then,  to  complete  the  transaction — it  being  an  object,  for  the  convenience  of 
business,  that  the  additional  entry  papers  and  the  final  papers  therefor  in  such 
cases  shall  be  kept  separate  and  distinct — the  party  will  make  payment  of  the 
usual  final  commissions  on  the  entered  tract,  for  which  the  Receiver  will  issue 
his  receipt;  the  Register  will  thereupon  issue  his  final  certificate  for  the 
additional  tract  (Form  4-197,  p.  287),  the  receipt  and  certificate  to  bear  their 
proper  numbers  in  the  final  homestead  series,  likewise  a  reference  to  the 
original  entry  and  to  the  final  certificate  thereon  by  their  numbers,  and  also 
•by  their  district,  where  the  party's  first  entry  shall  have  been  made  in  a 
different  district. 

Note. — The  foregoing  is  taken  from  circular  of  January  25,  1904. 

Forms  for  Assignment   of   Soldier's   Certificates  Recertified   to   Owners   and 
Purchasers  Under  Act  of  August  18,  1894. 

ASSIGNMENT  BY  FIRST   OWNER   UNDER   RECERTIFICATIOX. 

For  Value  Received,  I, of 

in  the   ,  and ,  assignee  of  the  original 

beneficiary  to  whom   the   foregoing   and   attached    certificate   was,   upon    the 


556 

. . . . clay  of ,   19 . . . ,  issued  by  the   Commissioner  of 

the   General   Land   Office   under   section   2306   of   the   Eevised   Statutes   of   the 

United   States,  and   the   same ,   to   whom,   as  a   bona   fide 

purchaser  and  owner  thereof  such  original  certificate  was,  upon  the 

day  of ,  recertified  by  the  Commissioner  of  the  General 

Land  Office  under  the  Act  of  Congress  of  August  18,  1894,  and  official  circular 
of  the  General  Land  Office,  dated  October  16,  1894,  do  hereby  sell  and  assign 

unto of in   the 

and ,  and  to  his  heirs  and  assigns  forever,  the  said  cer- 
tificate and  the  right  of  entry  and  location  thereby  secured,  and  authorize  him 
to  locate  the  said  certificate  and  to  enter  lands  therewith  and  to  receive  a 
patent  for  any  land  so  located  or  entered. 

(L.S.) 

Attest 


(Two   witnesses) 

ACKNOWLEDGMENT. 

State  of    . . j  ss 

County  of / 

On  the day  of 19. . . .,  before  me  personally 

came ,  to  me  well  known,  and  acknowledged  the  foregoing 

assignment  to  be  his  act  and  deed;  and  I  certify  that  the  said 

is  the   identical  person   to  whom  the  within   certificate   was   recertified   upon 

the day  of ,  19.  . .  .,  and  who  executed  the  foregoing 

assignment  thereof.  And  I  further  certify  that  the  said  certificate,  at  the 
time  of  making  the  foregoing  assignment,  was  atached  to  said  assignment 
and  was  presented  by  and  was  in  the  possession  of  him,  the  said 


ASSIGNMENT   BY  ASSIGNEE   OF  FIRST  OWNEE. 

For  Value  Received,  I, to  whom  the  foregoing 

and  attached  certificate  and  right  of  entry  and  location  thereby  secured  were 

assigned,  do  hereby  sell  and  assign  unto of , 

in   the and ,   and   to   his   heirs   and   assigns 

forever,  the  said  certificate  and  right  of  entry  and  location,  and  authorize 
him  to  locate  the  said  certificate  and  to  enter  lands  therewith  and  to  receive 
a  patent  for  any  lands  so  located  or  entered. 

(L.S.) 

Attest 


(Two  witnesses) 

ACKNOWLEDGMENT. 

State  of ) 

County  of '  - 

On  the day  of 19 . . . . ,  before  me  personally 

appeared ,  to  me  well  known,  and  acknowledged  the  foregoing 

assignment  to  be  his  act  and  deed;  and  I  certify  that  the  said 

is  the  identical  person  to  whom  the  foregoing  and  attached  certificate  and  right 

of  entry  and  location  thereby  secured  were  on  the day  of 19. . .  ., 

heretofore  assigned.  And  I  further  certify  that  the  said  certificate,  at  the 
time  of  making  the  foregoing  assignment,  was  attached  to  said  assignment, 
and  was  presented  by  and  was  in  the  possession  of  him,  the  said 


Note — All  subsequent  assignment  may  follow  substantially  the  above  form. 


557 

LOCATION   OF   WARRANTS,   SCRIP,   CERTIFICATES,   SOLDIERS'    ADDI- 
TIONAL  RIGHTS,  ETC. 

Circular. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  February  21,  1908. 
Registers  and  Receivers,  United  States  Land  Offices. 

Gentlemen:  In  cases  of  applications  to  locate  all  scrips,  warrants,  certifi- 
cates, soldiers '  additional  homestead  rights,  or  to  make  lieu  selections  of 
public  lands  of  the  United  States,  the  following  requirements  will  govern 
on  and  after  April  1,  1908: 

1.  The   location   or   selection   must   be  accompanied,   in   addition   to    the 
evidence  required  by  existing  rules  and  regulations,  by  the  affidavit  of  the 
locator,  selector,  or  some  credible  person  possessed  of  the  requisite  personal 
knowledge  of  the  premises,  showing  that  the  land  located  or  selected  is  not 
in  any  manner  occupied  adversely  to  the  locator  or  selector. 

2.  You  will  require  the  locator  or  selector,  within  twenty  days  from  the 
filing  of  his  location   or  selection,  to  begin  publication   of  notice   thereof,  at 
his  own  expense,  in  a  newspaper  to  be  designated  by  the  Register  as  of  general 
circulation  in  the  vicinity  of  the  land,  and  to  be  the  nearest  thereto.     Such 
publication  must  cover  a  period  of  thirty  days,  during  which  time  a  similar 
notice  of  the  location  or  selection  must  be  posted  in  the  local  land  office  and 
upon  the  lands  included  in  the  location  or  selection,  and  upon  each  and  every 
noncontiguous  tract  thereof. 

3.  The  notice  must  describe  the  land  located  or  selected,  give  the  date  of 
location  or  selection,  and  state  that  the  purpose  thereof  is  to  allow  all  persons 
claiming  the  land  adversely,  or  desiring  to  show  it  to  be  mineral  in  character, 
an   opportunity  to  file   objection   to   such  location   or  selection   with  the  local 
officers  for  the  land  district  in  which  the  land  is  situate,  and  to  establish  their 
interest  therein,  or  the  mineral  character  thereof. 

4.  Proof  of  publication  must  consist  of  an  affidavit  of  the  publisher,  or  of 
the  foreman  or  other  proper  employee  of  the  newspaper  in  which  the  notice 
was  published,  with  a  copy  of  the  published  notice  attached.     Proof  that  the 
notice  remained  posted  upon  the  land  during  the  entire  period  of  publication 
must   be   made   by   the   locator   or   selector   or   some   credible   persons   having 
personal  knowledge  of  the  fact.     The  Register  will  certify  to  the  posting  in  his 
office.     The  first  and  last  days  of  such  publication  and  posting  must  in  all 
cases  be  given. 

Very  respectfully, 

R.    A.    Ballinger, 

Commissioner. 
Approved: 

James  Rudolph  Garfield, 

Secretary. 

SCRIP-APPLICATION  TO   LOCATE  UPON  UNSURVEYED   LAND. 

Instructions. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  December  22,  1908. 
Registers  and  Receivers,  United  States  Land  Offices. 

Gentlemen:  Under  regulations  of  June  17,  1874  (1  C.  L.  L.,  806),  relative 
to  Valentine  Scrip,  and  May  28,  1878  (2  C.  L.  L.,  1355),  relative  to  Sioux  Half 
Breed  Scrip,  such  scrip,  and  other  kinds  of  scrip  locatable  on  unsurveyed  land, 
when  located  upon  such  land,  have  been  retained  with  the  location  papers  in 
local  offices  until  the  survey  of  the  township  embracing  the  land  applied  for 
has  been  made,  the  official  plat  filed,  and  the  location  adjusted  to  the  survey. 

It  is  deemed  advisable  to  discontinue  this  practice.  You  are  accordingly 
directed  to  transmit  to  this  office,  at  once,  all  applications  to  locate  scrip  on 
unsurveyed  land,  together  with  the  scrip,  which  were  filed  in  your  offices  prior 
to  April  1,  1908,  with  separate  report  in  each  case  as  to  the  status  of  the  land 
applied  for,  and  all  other  material  facts  affecting  the  case;  also,  with  proper 
report,  all  applications  and  scrip  for  unsurveyed  land,  filed  subsequent  to 
April  1,  1908,  after  the  applicant  has  complied  with  the  regulations  of  February 
21,  1908  (36  L.  D.,  278).  In  all  cases  you  will  see  that  your  records  show,  in 


558 

complete  manner,  the  pendency  of  the  application  to  locate  such  scrip.     The 
papers  will  be  kept  in  this  office. 

When  survey  has  been  made  of  the  laud  involved  in  any  application,  and 
the  plat  has  been  filed  in  your  office,  you  will  promptly  call  the  attention  of 
this  office  to  such  application,  giving  such  information  as  the  records  of  your 
office  indicate  should  be  furnished  concerning  the  application. 

The  applicant  will  be  required,  within  three  months  from  the  date  of  the 
filing  of  the  official  plat  of  survey  of  the  township  embracing  the  land  applied 
for,  to  make  proof,  in  the  form  of  an  affidavit,  corroborated,  showing  the  legal 
subdivisions  of  his  claim;  whereupon  the  location,  in  the  absence  of  any  valid 
objection,  will  be  consummated,  and  the  location  certificate,  and  other  papers, 
will  be  transmitted  to  this  office  with  your  monthly  returns.  Should  the  appli- 
cant fail  to  make  the  adjustment,  you  will  report  the  fact  to  this  office,  when 
appropriate  action  will  be  taken. 

Very  respectfully, 

Fred  Dennett, 

Commissioner. 
Approved: 

James  Eudolph  Garfield, 

Secretary. 

PRIVATE  LAND  CLAIM  INDEMNITY  SCRIP. 

An  Act  defining  the  manner  in  which  certain  land  scrip  may  be  assigned  and 

located,  or  applied  by  actual  settlers,  and  providing  for  the  issue  of  patents 

in  the  name  of  the  locator  or  his  legal  representatives. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  whenever,  in  cases  prosecuted 
under  the  Acts  of  Congress  of  June  twenty-second,  eighteen  hundred  and  sixty, 
March  second,  eighteen  hundred  and  sixty-seven,  and  the  first  section  of  the 
Act  of  June  tenth,  eighteen  hundred  and  seventy-two,  providing  for  the 
adjustment  of  private  land  claims  in  the  States  of  Florida,  Louisiana,  and 
Missouri,  the  validity  of  the  claim  has  been,  or  shall  be  hereafter,  recognized 
by  the  Supreme  Court  of  the  United  States,  and  the  Court  has  decreed  that 
the  plaintiff  or  plaintiffs  is  or  are  entitled  to  enter  a  certain  number  of  acres 
upon  the  public  lands  of  the  United  States  subject  to  private  entry  at  one 
dollar  and  twenty-five  cents  per  acre,  or  to  receive  certificate  of  location  for 
as  much  of  the  land  the  title  to  which  has  been  established  as  has  been  dis- 
posed of  by  the  United  States;  certificate  of  location  shall  be  issued  by  the 
Commissioner  of  the  General  Land  Office,  attested  by  the  seal  of  said  office,  to 
be  located  as  provided  for  in  the  sixth  section  of  the  aforesaid  Act  of  Con- 
gress of  June  twenty-second,  eighteen  hundred  and  sixty,  or  applied  according 
to  the  provisions  of  the  second  section  of  this  Act;  and  said  certificate  of 
location  or  scrip  shall  be  subdivided  according  to  the  request  of  the  confirmee 
or  confirmees,  and  as  nearly  as  practicable  in  conformity  with  the  legal 
divisions  and  subdivisions  of  the  public  lands  of  the  United  States,  and  shall 
be,  and  are  hereby  declared  to  be  assignable  by  deed  or  instrument  of  writing, 
according  to  the  form  and  pursuant  to  regulations  prescribed  by  the  Commis- 
sioner of  the  Genera)  Land  Office,  so  as  to  vest  the  assignee  with  all  the  rights 
of  the  original  owners  of  the  scrip,  including  the  right  to  locate  the  scrip  in 
his  own  name. 

Sec.  2.  That  such  scrip  shall  be  received  from  actual  settlers  only;  in 
payment  of  preemption  claims  or  in  commutation  of  homestead  claims  in  the 
same  manner  and  to  the  same  extent  as  is  now  authorized  by  law  in  the  case 
of  military-bounty  land  warrants. 

Sec.  3.  That  the  Register  of  the  proper  land  office,  upon  any  such 
certificate  being  located,  shall  issue,  in  the  name  of  the  party  making  the 
location,  a  certificate  of  entry,  upon  which,  if  it  shall  appear  to  the  satisfaction 
of  the  Commissioner  of  the  General  Land  Office  that  such  certificate  has  been 
fairly  obtained,  according  to  the  true  intent  and  meaning  of  this  Act,  a 
patent  shall  issue,  as  in  other  cases,  in  the  name  of  the  locator  or  his  legal 
representative. 

Sec.  4.  That  the  provisions  of  this  Act  respecting  the  assignment  and 
patenting  of  scrip  and  its  application  to  preemption  and  homestead  claims 
shall  apply  to  the  indemnity  certificates  of  location  provided  for  by  the  Act 
of  the  second  of  June,  eighteen  hundred  and  fifty-eight,  entitled  "An  Act 
to  provide  for  the  location  of  certain  confirmed  private  land  claims  in  the 
State  of  Missouri,  and  for  other  purposes." 

Approved,  January  28,  1879.     (20  Stat.,  274.) 


559 

BOUNTY  LAND   WARRANTS— LAWS  AND   REGULATIONS- 
ASSIGNMENT,  LOCATION  AND  USE. 

The  circular  and  regulation  issued  March  28,  1902  (31  L.  D., 
page  277,  were  modified  and  republished  under  circular  No.  120, 
dated  May  24,  1912.  Will  probably  be  published  in  Vol.  40  or 
Vol.  41  of  Land  Decisions. 

SOLDIERS'  AND  SAILORS'  HOMESTEAD  RIGHTS. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  October  11,  1910. 

Any  officer,  soldier,  seaman,  or  marine,  who  served  for  not  less 
than  ninety  days  in  the  Army  or  Navy  of  the  United  States  during 
the  civil  war  and  who  was  honorably  discharged  and  has  remained 
loyal  to  the  Government,  and  who  makes  a  homestead  entry,  is  en- 
titled under  section  2305  of  the  Revised  Statutes  to  have  the  term 
of  his  service  in  the  Army  or  Navy,  not  exceeding  four  years, 
deducted  from  the  period  of  five  years'  residence  required  under 
the  homestead  laws. 

If  the  party  was  discharged  from  the  service  on  account  of 
wounds  or  disabilities  incurred  in  the  line  of  duty,  the  whole  term 
of  enlistment,  not  exceeding  four  years,  is  to  be  deducted  from  the 
homestead  period  of  five  years;  but  no  patent  can  issue  to  any 
homestead  settler  who  has  not  resided  upon,  improved,  and  culti- 
vated his  homestead  for  a  period  of  at  least  one  year  after  he  com- 
menced his  improvements.  (Sec.  2305,  Rev.  Stat.) 

Similar  provisions  are  made  in  the  Acts  of  June  16,  1898  (30 
Stat.,  473),  and  March  1,  1901  (31  Stat.,  847),  for  the  benefit  of 
like  persons  who  served  in  the  late  war  with  Spain,  or  during  the 
suppression  of  the  insurrection  in  the  Philippines. 

No  credit  for  military  service  can  be  allowed  where  commuta- 
tion proof  is  submitted. 

A  party  claiming  the  benefit  of  his  military  service  must  file  with 
the  Register  and  Receiver  a  certified'  copy  of  his  certificate  of  dis- 
charge, showing  when  he  enlisted,  when  he  was  discharged,  and  the 
organization  in  which  he  served,  or  the  affidavit  of  two  respectable, 
disinterested  witnesses,  corroborative  of  the  allegations  contained  in 
his  affidavit  on  these  points,  or  if  neither  can  be  procured  his  own 
affidavit  to  that  effect. 

Periods  of  Service  for  Which  Credit  May  Be  Given  in  Lieu  of 

Residence. 

In  determining  the  rights  of  parties  under  sections  2304-2309  of 
the  Revised  Statutes  the  civil  war  is  held  to  have  lasted  from  April 
15,  1861,  to  August  20,  1866;  the  Spanish  war  and  Philippine  insur- 
rection from  April  21,  1898,  to  July  15,  1903. 

Xo  credit  for  military  service  can  be  given  unless  a  soldier  or 
sailor  served  for  at  least  ninety  days  between  the  dates  above 
mentioned. 

In  computing  the  period  of  service  of  a  soldier  "who  has  served 
in  the  Army  of  the  United  States,"  within  the  meaning  of  that 
phrase  as  us*ed  in  section  2304  of  the  Revised  Statutes,  the  entrance 


560 

of  the  soldier  into  the  army  will  be  considered  as  dating  from  his 
muster  into  the  service  and  not  from  his  enlistment. 

An  entryman  having  enlisted  and  served  ninety  days  during  any 
one  of  the  wars  above  mentioned  is  entitled  under  section  2305  of 
the  Revised  Statutes  to  credit  for  the  full  term  of  his  service  under 
that  enlistment,  although  such  term  did  not  expire  until  after  the 
war  ceased. 

A  person  who  served  for  less  than  ninety  days  in  the  Army  or 
Navy  of  the  United  States  during  said  wars  is  not  entitled  to  have 
credit  for  military  service  on  the  required  period  of  residence  upon 
his  homestead,  although  he  may  have  been  discharged  for  disability 
incurred  in  line  of  duty. 

A  person  serving  in  the  Army  or  Navy  of  the  United  States  may 
make  a  homestead  entry  if  some  member  of  his  family  is  residing 
upon  the  land  applied  for,  and  the  application  and  accompanying 
affidavits  may  be  executed  before  the  officer  commanding  the  branch 
of  the  service  in  which  he  is  engaged.  Such  soldier  or  sailor  is  not 
required  to  reside  personally  upon  the  land,  but  may  receive  patent 
if  his  family  maintain  the  necessary  residence  and  cultivation  until 
the  entry  is  five  years  old,  or  until  it  has  been  commuted. 

After  an  entryman  under  the  enlarged  homestead  Act  of  Feb- 
ruary 19,  1909  (35  Stat.,  639),  or  the  Act  of  June  17,  1910  (36  Stat., 
531),  relating  to  Idaho,  has  resided  upon  the  land  embraced  in  his 
entry  for  such  period,  not  less  than  one  year,  as  will,  with  the  term 
of  his  military  service  during  the  wars  above  mentioned,  constitute 
five  years,  further  residence  need  not  be  continued,  but  cultivation 
must  be  continued  for  the  period  required  under  said  Acts.  Persons 
who  may  be  entitled  to  leave  the  land  after  they  have  resided 
thereon  for  such  period  as,  with  their  military  service,  amounts  to 
five  years  should  not,  however,  do  so  without  keeping  the  Register 
and  Receiver  of  the -local  land  office  informed  of  their  addresses  so 
that  in  the  event  of  contest  they  may  be  notified  to  defend  their 
interests. 

Homestead  Rights  of  Widows  and  Minor  Orphan  Children  of 
Deceased  Soldiers  and  Sailors. 

If  a  soldier  or  sailor  makes  an  entry  or  files  a  declaratory  state- 
ment, and  dies  before  perfecting  the  same,  the  right  to  perfect  the 
claim,  including  the  right  to  claim  credit  for  the  soldier's  military 
service,  passes  to  the  persons  named  in  section  2291,  Revised  Stat- 
utes ;  that  is,  to  his  widow,  or,  if  there  be  no  widow,  to  his  heirs  or 
devisees. 

In  case  of  the  death  of  any  person  who  would  be  entitled  to  a 
homestead  under  the  provisions  of  section  2304  of  the  Revised  Stat- 
utes, but  who  died  prior  to  the  initiation  of  a  claim  thereunder, 
his  widow,  or  in  case  of  her  death  or  remarriage,  his  minor  orphan 
children  by  a  guardian,  duly  appointed  and  officially  accredited  at 
the  Department  of  the  Interior,  may  make  the  filing  and  entry  in  the 
same  manner  that  the  soldier  or  sailor  might  have  done,  subject  to 
all  the  provisions  of  the  homestead  laws  in  respect  to  settlement  and 
improvements;  and  the  whole  term  of  service,  or  in  case  of  death 
during  the  term  of  enlistment,  the  entire  period  of  enlistment  in  the 
military  or  naval  service  shall  be  deducted  from  the  time  otherwise 


561 

required  to  perfect  the  title  to  the  same  extent  as  might  have  been 
allowed  the  soldier.  (Sec.  2307,  Rev.  Stat.) 

Where  a  homestead  entry  is  made  under  section  2307,  Revised 
Statutes,  by  the  widow  or  minor  orphan  children  of  a  deceased  sol- 
dier or  sailor,  compliance  with  law  both  as  to  residence  and  improve- 
ment is  required  to  be  shown  to  the  same  extent  as  would  have  been 
required  of  the  soldier  or  sailor  in  making  entry  under  section  2304, 
Revised  Statutes,  except  that  credit  will  be  given  upon  the  five- 
year  period  for  the  entire  term  of  the  enlistment  where  the  soldier 
or  sailor  died  during  the  term  of  his  enlistment.  See  departmental 
decision  in  case  of  Anna  Bowes  (32  L.  D.,  331). 

In  case  of  widows,  the  prescribed  evidence  of  military  service 
of  the  husband  must  be  furnished,  with  affidavit  of  widowhood, 
giving  the  date  of  her  husband's  death. 

In  case  of  minor  orphan  children,  in  addition  to  the  prescribed 
evidence  of  military  service  of  the  father,  proof  of  death  or  remar- 
riage of  the  mother  must  be  furnished.  Evidence  of  death  may  be 
the  testimony  of  two  witnesses  or  a  physician's  certificate,  duly 
attested.  Evidence  of  marriage  may  be  certified  copy  of  marriage 
certificate,  or  of  record  of  same,  or  testimony  of  two  witnesses  to 
the  marriage  ceremony. 

Minor  orphan  children  must  make  a  joint  entry  through  theier 
duly  appointed  guardian,  who  must  file  certified  copies  of  the 
powers  of  guardianship,  which  must  be  transmitted  to  the  General 
Land  Office  by  the  Registers  and  Receivers. 

Soldiers'  Declaratory  Statements. 

Soldiers'  and  sailors'  declaratory  statements  may  be  filed  in  the 
land  office  for  the  district  in  which  the  lands  desired  are  located  by 
any  person  entitled  to  the  benefits  of  sections  2304  and  2307,  Revised 
Statutes,  as  explained  above.  Declaratory  statements  of  this  char- 
acter may  be  filed  either  in  person  or  through  an  agent  acting  under 
powrer  of  attorney,  but  the  entry  must  be  made  in  person,  and  not 
through  an  agent,  within  six  months  from  the  filing  of  the  declara- 
tory statement,  and  residence  must  also  be  established  within  that 
time. 

The  party  entitled  to  file  a  declaratory  statement  may  make 
entry  in  person  without  filing  a  declaratory  statement  if  he  so 
desires. 

The  soldiers'  declaratory  statement,  if  filed  in  person,  must 
be  accompanied  by  the  prescribed  evidence  of  military  service 
and  the  oath  of  the  person  filing  the  same,  stating  his  resi- 
dence and  postoffice  address,  and  setting  forth  that  the  claim  is 
made  for  his  exclusive  use  and  benefit  for  the  purpose  of  actual 
settlement  and  cultivation,  and  not,  either  directly  or  indirectly, 
for  the  use  or  benefit  of  any  other  person;  that  he  has  not  hereto- 
fore made  a  homestead  entry,  or  filed  a  declaratory  statement 
under  the  homestead  law  (or  if  he  has  done  so,  he  must  show  his 
qualifications  to  make  a  second  or  additional  homestead  entry)  ; 
that  he  is  not  the  proprietor  of  more  than  160  acres  of  land  in  any 
State  or  Territory;  and  that  since  August  30,  1890,  he  has  not 
entered  or  acquired  title  under  the  agricultural  land  laws  of  the 
United  States,  nor  is  he  now  claiming  under  said  laws  a  quantity  "of 
land,  wl-ich  with  the  tracts  applied  for  would  make  more  than  320 


562 

acres,  or,  in  the  case  of  a  claim  under  the  enlarged  homestead  laws, 
480  acres. 

In  case  of  filing  a  soldier's  declaratory  statement  by  agent,  the 
oath  must  further  declare  the  name  and  authority  of  the  agent  and 
the  date  of  the  power  of  attorney  or  other  instrument  creating  the 
agency,  adding  that  the  name  of  the  agent  was  inserted  therein 
before  its  execution.  It  should  also  state  in  terms  that  the  agent 
has  no  right  or  interest,  direct  or  indirect,  in  the  filing  of  such 
declaratory  statement. 

The  agent  must  file  (in  addition  to  his  power  of  attorney)  his 
own  oath  to  the  effect  that  he  has  no  interest,  either  present  or 
prospective,  direct  or  indirect,  in  the  claim;  that  the  same  is  filed 
for  the  sole  benefit  of  the  soldier,  and  that  no  arrangement  has  been 
made  whereby  said  agent  has  been  empowered  at  any  future  time  to 
sell  or  relinquish  such  claim,  either  as  agent  or  by  filing  an  original 
relinquishment  of  the  claimant. 

Where  a  soldier's  declaratory  statement  is  filed  in  person  the 
affidavit  of  the  soldier  or  sailor  must  be  sworn  to  before  either  the 
Register  or  the  receiver,  or  before  a  United  States  commissioner, 
or  a  United  States  court  commissioner,  or  judge,  or  clerk  of  a  court 
of  record  in  the  county  or  land  district  in  which  the  land  sought  is 
situated.  Where  a  declaratory  statement  is  filed  by  an  agent,  the 
agent's  affidavit  must  be  executed  before  one  of  the  officers  above 
mentioned,  but  the  soldier's  affidavit  may  be  executed  before  any 
officer  having  a  seal  and  authorized  to  administer  oaths  generally, 
and  not  necessarily  within  the  land  district  in  which  the  land  is 
situated. 

The  fee  to  be  paid  to  the  Register  and  Receiver  of  the  land 
office  where  the  declaratory  statement  is  filed  is  $2,  except  in  the 
Pacific  States  and  Territories,  where  it  is  $3. 

A  homestead  entry  under  a  declaratory  statement  can  not  be 
made  through  an  agent,  and  the  entry  must  be  made  and  settlement 
on  the  land  commenced  within  six  months  after  the  filing  of  the 
declaratory  statement,  and  the  party  must  continue  to  reside  on 
the  land  and  cultivate  it  for  such  period  as,  added  to  his  military 
service,  will  make  five  years.  But  he  must  actually  reside  upon 
the  land  at  least  one  year,  whatever  may  have  been  the  period  of 
his  military  or  naval  service. 

The  filing  of  a  declaratory  statement  will  not  be  held  to  bar  the 
admission  of  filings  and  entries  by  others,  but  any  person  making 
entry  or  claim  during  the  period  allowed  by  law  for  the  entry  of 
the  soldier  will  do  so  subject  to  his  right;  and  the  soldier's  applica- 
tion, when  offered  within  such  time,  will  be  allowed  as  a  matter  of 
right,  and  the  intervening  claimant  will  be  notified  and  afforded  an 
opportunity  to  be  heard. 

As  implied  by  the  requirements  of  the  oath,  a  soldier  will  be 
held  to  have  exhausted  his  homestead  right  by  the  filing  of  his 
declaratory  statement,  it  being  manifest  that  the  right  to  file  is  a 
privilege  granted  to  soldiers  in  addition  to  the  ordinary  privilege 
only  in  the  matter  of  giving  them  power  to  hold  their  claims  for 
six  months  after  selection  before  entry,  but  is  not  a  license  to  aban- 
don such  selection  with  the  right  thereafter  to  make  a  regular 
homestead  entry  independently  of  such  filing.  This  is  clear  from 
the  statutory  language.  Section  2304  provides:  "A  settler  shall 


563 

be  allowed  six  months  after  locating  his  homestead  and  filing  his 
declaratory  statement  in  which  to  make  entry  and  commence  his 
settlement  and  improvement ; ' '  and  section  2309  requires  him  ' '  in 
person"  to  "make  his  actual  entry,  commence  settlement  and  im- 
provement on  the  same,  and  thereafter  fulfill  all  the  requirements 
of  the  law."  These  must  be  done  on  the  same  lands  selected  and 
located  by  the  filing. 

Very  respectfully,  Fred  Dennett, 

Commissioner. 
Approved. 

Jesse  E.  Wilson, 

Acting  Secretary. 

Revised  Statutes. 

Sec.  2293.  In  case  of  any  person  desirous  of  availing  himself  of 
the  benefits  of  this  chapter,  but  who,  by  reason  of  actual  service  in 
the  military  or  naval  service  of  the  United  States,  is  unable  to  do 
the  personal  preliminary  acts  at  the  district  land  office  which  the 
preceding  sections  require ;  and  whose  family,  or  some  member 
thereof,  is  residing  on  the  land  which  he  desires  to  enter,  and  upon 
which  a  bona  fide  improvement  and  settlement  have  been  made, 
such  person  may  make  the  affidavit  required  by  law  before  the 
officer  commanding  in  the  branch  of  the  service  in  which  the  party  is 
engaged,  which  affidavit  shall  be  as  binding  in  law,  and  with  like 
penalties,  as  if  taken  before  the  Register  or  Receiver;  and  upon  such 
affidavit  being  filed  with  the  Register  by  the  wife  or  other  repre- 
sentative of  the  party,  the  same  shall  become  effective  from  the 
date  of  such  filing,  provided  the  application  and  affidavit  are  accom- 
panied by  the  fee  and  commissions  as  required  by  law. 

Sec.  2304.  Every  private  soldier  and  officer  who  has  served  in 
the  Army  of  the  United  States  during  the  recent  rebellion  for 
ninety  days,  and  who  was  honorably  discharged  and  has  remained 
loyal  to  the  Government,  including  the  troops  mustered  into  the 
service  of  the  United  States  by  virtue  of  the  third  section  of  an 
Act  approved  February  thirteenth,  eighteen  hundred  and  sixty- 
two,  and  every  seaman,  marine,  and  officer  who  has  served  in  the 
Navy  of  the  United  States  or  in  the  Marine  Corps  during  the  rebel- 
lion for  ninety  days,  and  who  was  honorably  discharged  and  has 
remained  loyal  to  the  Government,  and  every  private  soldier  and 
officer  who  has  served  in  the  Army  of  the  United  States  during  the 
Spanish  war,  or  has  served,  is  serving,  or  shall  serve  in  the  said 
army  during  the  suppression  of  the  insurrection  in  the  Philippines 
for  ninety  days,  and  who  was  or  shall  be  honorably  discharged; 
and  every  seaman,  marine,  and  officer  who  has  served  in  the  Navy 
of  the  United  States  or  in  the  Marine  Corps  during  the  Spanish 
w.ir.  or  who  has  served,  is  serving,  or  shall  have  served  in  the  said 
forces  during  the  suppression  of  the  insurrection  in  the  Philippines 
for  ninety  days,  and  who  was  or  shall  be  honorably  discharged, 
shall,  on  compliance  with  the  provisions  of  this  chapter,  as  here- 
inafter modified,  be  entitled  to  enter  upon  and  receive  patents  for 
a  quantity  of  public  lands  not  exceeding  one  hundred  and  sixty 
acres,  or  one  quarter  section,  to  be  taken  in  compact  form,  accord- 
ing to  legal  subdivisions,  including  the  alternate  reserved  sections 
of  public  lands  along  the  line  of  any  railroad  or  other  public  work 


564 

not  otherwise  reserved  or  appropriated,  and  other  lands  subject 
to  entry  under  the  homestead  laws  of  the  United  States;  but  such 
homestead  settler  shall  be  allowed  six  months  after  lo'.ating  his 
homestead  and  filing  his  declaratory  statement  withiL  which  to 
make  his  entry  and  commence  his  settlement  and  improvement. 
(As  amended  by  Act  March  1,  1901.) 

Sec.  2305.  The  time  which  the  homestead  settler  has  served  in 
the  Army,  Navy,  or  Marine  Corps  shall  be  deducted  from  the  time 
heretofore  required  to  perfect  title,  or  if  discharged  on  account 
of  wounds  received  or  disability  incurred  in  the  line  of  duty,  then 
the  term  of  enlistment  shall  be  deducted  from  the  time  heretofore 
required  to  perfect  title,  without  reference  to  the  length  of  time 
he  may  have  served;  but  no  patent  shall  issue  to  any  homestead 
settler  who  has  not  resided  upon,  improved,  and  cultivated  his 
homestead  for  a  period  of  at  least  one  year  after  he  shall  have 
commenced  his  improvements :  Provided,  That  in  every  case  in 
which  a  settler  on  the  public  land  of  the  United  States  under  the 
homestead  laws  died  while  actually  engaged  in  the  Army,  Navy, 
or  Marine  Corps  of  the  United  States  as  private  soldier,  officer, 
seaman,  or  marine,  during  the  war  with  Spain  or  the  Philippine 
insurrection,  his  widow,  if  unmarried,  or  in  case  of  her  death  or 
marriage,  then  his  minor  orphan  children  or  his  or  their  legal  rep- 
resentatives, may  proceed  forthwith  to  make  final  proof  upon  the 
land  so  held  by  the  deceased  soldier  and  settler,  and  that  the  death 
of  such  soldier  while  so  engaged  in  the  service  of  the  United 
States  shall,  in  the  administration  of  the  homestead  laws,  be  con- 
strued to  be  equivalent  to  a  performance  of  all  requirements  as 
to  residence  and  cultivation  for  the  full  period  of  five  years,  and 
shall  entitle  his  widow,  if  unmarried,  or  in  case  of  her  death  or 
marriage,  then  his  minor  orphan  children  or  his  or  their  legal 
representatives,  to  make  final  proof  upon  and  receive  government 
patent  for  said  land ;  and  that  upon  proof  produced  to  the  officers 
of  the  proper  local  land  office  by  the  widow,  if  unmarried,  or  in 
case  of  her  death  or  marriage,  then  his  minor  orphan  children  or 
his  or  their  legal  representatives,  that  the  applicant  for  patent  is 
the  widow,  if  unmarried,  or  in  case  of  her  death  or  marriage,  his 
orphan  children  or  his  or  their  legal  representatives,  and  that  such 
soldier,  sailor,  or  marine  died  while  in  the  service  of  the  United 
States  as  hereinbefore  described,  the  patent  for  such  land  shall 
issue.  (As  amended  by  Act  March  1,  1901.) 

"Sec.  2306.  Every  person  entitled,  under  the  provisions  of 
section  twenty-three  hundred  and  four,  to  enter  a  homestead,  who 
may  have  heretofore  entered,  under  the  homestead  laws,  a  quantity 
of  land  less  than  one  hundred  and  sixty  acres,  shall  be  permitted 
to  enter  so  much  land  as,  when  added  to  the  quantity  previously 
entered,  shall  not  exceed  one  hundred  and  sixty  acres." 

For  sees.  2304,  2305,  2307,  and  2309,  see  pages . 

Sec.  2307.  In  case  of  the  death  of  any  person  who  would  be 
entitled  to  a  homestead  under  the  provisions  of  section  two  thou- 
sand three  hundred  and  four,  his  widow,  if  unmarried,  or  in  case 
of  her  death  or  marriage,  then  his  minor  orphan  children,  by  a 
guardian  duly  appointed  and  officially  accredited  at  the  Depart- 
ment of  the  Interior,  shall  be  entitled  to  all  the  benefits  enumerated 
in  this  chapter,  subject  to  all  the  provisions  a§  to  settlement  and 


565 

improvement  therein  contained ;  but  if  such  person  died  during  his 
term  of  enlistment,  the  whole  term  of  his  enlistment  shall  be  de- 
ducted from  the  time  heretofore  required  to  perfect  the  title. 

****** 

Sec.  2309.  Every  soldier,  sailor,  marine,  officer,  or  other  per- 
son coming  within  the  provisions  of  section  two  thousand  three 
hundred  and  four,  may,  as  well  by  an  agent  as  in  person,  enter 
upon  such  homestead  by  filing  a  declaratory  statement,  as  in  pre- 
emption cases;  but  such  claimant  in  person  shall  within  the  time 
prescribed  make  his  actual  entry,  commence  settlements  and  im- 
provements on  the  same,  and  thereafter  fulfill  the  requirements 
of  the  law. 

See  Three-Year  Homestead  Law  and  Regulations  Thereunder, 
page  473. 

SOLDIERS'  ADDITIONAL  HOMESTEADS. 

Lands  in  Former  Indian  Reservations  in  Montana  Made  Subject  to — Entries 
Heretofore  Made  Validated. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  section  three  of  the  Act  of 
May  first,  eighteen  hundred  and  eighty-eight,  ratifying  and  confirming  an 
agreement  with  the  various  tribes  or  bands  of  Indians  residing  upon  the 
Gros  Ventre,  Piegan,  Blood,  Blackfoot,  and  River  Crow  Reservations,  in 
Montana  Territory,  be,  and  the  same  is  hereby,  amended  so  as  to  read  as 
follows: 

"Sec.  3.  That  lands  to  which  the  right  of  the  Indians  is  extinguished 
under  the  foregoing  agreement  are  a  part  of  the  public  domain  of  the  United 
States  and  are  open  to  the  operation  of  laws  regulating  the  entry,  sale,  or 
disposal  of  the  same:  Provided,  That  no  patent  shall  be  denied  to  entries  here- 
tofore made  in  good  faith  under  any  of  the  laws  regulating  entry,  sale,  or 
disposal  of  public  lands,  if  said  entries  are  in  other  respects  regular  and  the 
laws  relating  thereto  have  been  complied  with." 

(Public  No.  462,  Approved,  March  3,  1911.) 

REGULATIONS  UNDER  TIMBER  AND  STONE  LAW  ACT  OF 
JUNE  3,  1878,  AND  ACTS  AMENDATORY.  APPROVED 
NOVEMBER  30,  1908.  REVISED  AND  APPROVED  AU- 
GUST 22,  1911.— CIRCULAR  NO.  50. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  November  30,  1908. 
Registers  and  Receivers, 

United  States  Land  Offices. 

Sirs :  The  regulations  under  the  Act  of  June  3,  1878  (20  Stat., 
89),  and  amendatory  acts,  commonly  known  as  the  timber  and 
stone  law,  are  hereby  revised,  modified,  and  reissued  as  follows: 

Provision  for  Appraisement. 

Any  lands  subject  to  sale  under  the  foregoing  Acts,  may,  under 
the  direction  of  the  Commissioner  of  the  General  Land  Office,  upon 
application  or  otherwise,  be  appraised  by  smallest  legal  subdi- 
visions, at  their  reasonable  value,  but  at  not  less  than  $2.50  per  acre ; 
and  hereafter  no  sales  shall  be  made  under  said  Acts  except  as 
provided  in  these  regulations. 

Character  of  Lands  Subject  to  Entry. 

All  unreserved,  unappropriated,  nonmineral,  surveyed,  public 
lands  within  the  public-land  States,  which  are  valuable  chiefly  for 


566 

the  timber  or  stone  thereon  and  unfit  for  cultivation  at  the  date 
of  sale,  may  be  sold  under  this  Act  at  their  appraised  value,  but 
in  no  case  at  less  than  $2.50  per  acre,  in  contiguous  legal  sub- 
divisions upon  which  there  is  no  existing  mining  claim,  or  the  im- 
provements of  any  bona  fide  settler  claiming  under  the  public- 
land  laws.  The  terms  used  in  this  statement  may  be  defined  sub- 
stantially as  follows  for  the  purpose  of  construing  and  applying 
this  law : 

2.  Unreserved  and  unappropriated  lands  are  lands  which  are 
not  included  within  any  military,  Indian,  or  other  reservation,  or 
in  a  national  forest,  or  in  a  withdrawal  by  the  Government  for 
reclamation  or  other  purposes,  or  which  are  not  covered  or  em- 
braced in  any  entry,  location,  selection,  or  filing  which  withdraws 
them  from  the  public  domain. 

3.  Unoccupied  lands  are  lands  belonging  to  the  United  States 
upon  which  there  are  no  improvements  belonging  to  any  person 
who  has  initiated  and  is  properly  maintaining  a  valid  mining  or 
other  claim  to  such  lands  under  the  public  land  laws.    Abandoned 
and  unused  mines,  shafts,  tunnels,  or  buildings  occupied  by  mere 
trespassers  not  seeking  title  under  any  law  of  the  United  States, 
do  not  prevent  timber  and  stone  entries  if  the  land  is  otherwise 
capable  of  being  so  entered. 

4.  Nonmineral  lands  are  such  lands  as  are  not  known  to  con- 
tain any  substance  recognized  and  classed  by  standard  authorities 
as  mineral,  in  such  quantities  and  of  such  qualities  as  would,  with 
reasonable    prospects    of    success    in    developing    a    paying    mine 
thereon,  induce  a  person  of  ordinary  prudence  to  expend  the  time 
and  money  necessary  to  such  development. 

5.  Timber  is  defined  as  trees  of  such  kind  and  quantity,  re- 
gardless of  size,  as  may  be  used  in  constructing  buildings,  irriga- 
tion works,   railroads,   telegraph    and   telephone   lines,    tramways, 
canals,  or  fences,  or  in  timbering  shafts  and  tunnels  or  in  manu- 
facturing, but  does  not  include  trees  suitable  for  fuel  only. 

6.  Lands  valuable  chiefly  for  timber,  but  unfit  for  cultivation 
are  lands  which  are  more  valuable  for  timber  than  they  are  for 
cultivation  in  the  condition  in  which  they  exist  at  the  date  of  the 
application  to  purchase,  and  therefore  include  lands  which  could 
be  made  more  valuable  for  cultivation  by  cutting  and  clearing  them 
of  timber.     The  relative  values  for  timber  or  cultivation  must  be 
determined  from  conditions  of  the  land  existing  at  the  date  of  the 
application  to  purchase. 

7.  Lands  in  all  public  land  States  may  be  entered,  but  timber 
and  stone  entries  can  not  be  made  in  the  Territories  or  in  the  Dis- 
trict of  Alaska. 

By  Whom  Entries  May  Be  Made. 

8.  One  timber  arid  stone   entry  may  be  made  for  not  more 
than  160  acres  (a)  by  any  person  who  is  a  citizen  of  the  United 
States,  or  who  has  declared  his  intention  to  become  such  citizen, 
if  he  is  not  under  21  years  of  age,  and  has  not  already  exhausted 
his  right  by  reason  of  a  former  application  for  an  entry  of  that 
kind ;  or  has  not  already  acquired  title  to  or  is  not  claiming  under 
the   homestead   or   desert-land   laws   through   settlement   or   entry 
made  since  August  30,  1890,  any  other  lands  which,  with  the  land 


567 

he  applies  for,  would  aggregate  more  than  320  acres;  or  (b)  by 
an  association  of  such  persons,  or  (c)  by  a  corporation,  each  of 
whose  stockholders  is  so  qualified. 

9.  A  married  woman  may  make  entry  if  the  laws  of  the  State 
in  which  she  applies  permit  married  women  to  purchase  and  hold 
for  themselves  real  estate,  but  she  must  make  the  entry  for  her 
own  benefit,  and  not  in  the  interest  of  her  husband  or  any  other 
person,  and  she  will  be  required  to  show  that  the  money  she  pays 
for  the  land  was  not  furnished  by  her  husband. 

10.  Any  qualified  person  may  obtain  title  under  the  timber  and 
stone  law  by  performing  the  following  acts:    (a)   Personally  ex- 
amining the  land  desired;  (b)  presenting  an  application  and  sworn 
statement,  accompanied  by  a  filing  fee  of  $10;  (c)  depositing  with 
the  Receiver  the  appraised  price  of  the  land;  (d)  publishing  notice 
of  his  application  and  proof;  (e)  making  final  proof. 

11.  Examination  of  the  land  must  be  made  by  the  applicant  in 
person  not  more  than  thirty  days  before  the  date  of  his  application, 
in    order   that    he    may    knowingly    swear   to   its    character    and 
condition. 

Application  and  Sworn  Statement:  Deposit. 

12.  The    application   and   sworn   statement   must   contain   the 
applicant's  estimate  of  the  timber,  based  on  examination,  and  his 
valuation  of  the  land  and  the  timber  thereon,  by  separate  items. 
(See  Form  A,  Appendix.)     It  must  be  executed  in  duplicate,  after 
having  been  read  to  or  by  the  applicant,  in  the  presence  of  the 
officer  administering  the  oath,  and  sworn  to  by  him  before  such 
officer,  who  may  be  either  the  Register  or  the  Receiver  of  the  land 
district  in  which  the  land  is  located,  a  United  States  Commissioner, 
a  judge  or  a  clerk  of  a  court  of  record  in  the  county  or  parish  in 
which  the  land  is  situated,  or  one  of  these  officers  outside  of  that 
county  or  parish^  if  he  is  nearer  and  more  accessible  to  the  land 
than  any  other  qualified  officer,  and  has  his  office  or  place  of  busi- 
ness within  the  land  district  in  which  "the  land  is  located.     Each 
applicant  must,  at  the  time  he  presents  his  application  and  sworn 
statement,   deposit  with  the  Receiver,  either  in  cash  or  in  post- 
office  money  orders  payable  to  the  Receiver,  a  filing  fee  of  $10. 

13.  Applications  by  associations  or  corporations  must,  in  addi- 
tion to  the  facts  recited  in  the  foregoing  statement,  show  that  each 
person  forming  the  association  or  holding  stock  in  the  corporation 
is  qualified  to  make  entry  in  his  own  right  and  that  he  is  not  a 
member  of  any  other  association  or  a  stockholder  in  any  other  cor- 
poration which  has  filed  an  application  or  sworn  statement  for  other 
lands  under  the  timber  and  stone  laws. 

Disposition  of  Application. 

14.  After   application  and  deposit   have  been  filed  in   proper 
form,  as  required  by  these  regulations,  the  Register  and  Receiver 
will  at  once  forward  one  copy  of  the  application  to  the  chief  of 
field  division  having  jurisdiction  of  the  land  described,  who,  if  he 
finds  legal  objection  to  the  allowance  of  the  application,  will  return 
it  to  them  with  report  thereon.     The  Register  and  Receiver  will, 
if  they  concur  in  an  adverse  recommendation  of  the  chief  of  field 
division,   dismiss   or  deny  the   application,   subject   to   the   appli- 


568 

cant's  right  of  appeal;  but  if  they  disagree  with  his  recommenda- 
tion, they  will  forward  the  record  to  the  Commissioner  of  the  Gen- 
eral Land  Office,  with  their  report  and  opinion  thereon,  for  such 
action  as  he  may  deem  advisable. 

If  the  chief  of  field  division  finds  no  such  legal  objection  to  the 
application,  he  shall  cause  the  lands  applied  for  to  be  appraised  by 
an  officer  or  employee  of  the  Government.  (Designation  of  Ap- 
praiser, Form  B.  Appendix.) 

Appraisement:  Method. 

15.  The  officer  or  employee  designated  to  make  the  appraise- 
ment must  personally  visit  the  lands  to  be  appraised,  and  thoroughly 
examine  every  legal  subdivision  thereof,  and  the  timber  thereon, 
and    appraise    separately    the    several    kinds    of    timber    at    their 
stumpage   value,   and  the  land  independent  of  the  timber   at  its 
value  at  the  time  of  appraisement,  but  the  total  appraisement  of 
both  land  and  timber  must  not  be  less  than  $2.50  per  acre.     He 
must,  in  making  his  report,  consider  the  quantity,  quality,  acces- 
sibility, and  any  other  elements  of  the  value  of  the  land  and  the 
timber  thereon.    The  appraisement  must  be  made  by  smallest  legal 
subdivisions, '  or  the  report  must  show  that  the  valuation  of  the 
land  and  the  estimate  of  the  timber  apply  to  each  and  every  sub- 
division appraised.     (See  Form  C,  Appendix.) 

Appraisement:  Manner  of  Return:  Approval. 

16.  The  completed  appraisement  must  be  mailed  or  delivered 
personally  to  the  chief  of  field  division  under  whose  supervision 
it  was  made,  and  not  to  the  applicant.     Each  appraisement  upon 
which  an  entry  is  to  be  allowed  must  be  approved  respectively  or 
cojointly  as  provided  in  these  regulations,   by  the  chief  of  field 
division  under  whose  supervision  it  was  made,  by  the  Kegister  and 
Receiver  who  allow  the  entry,  or  by  the  Commissioner  of  the  Gen- 
eral Land  Office. 

Appraisement:   Disagreement  Between  Appraising  and  Approving 
Officers:    How  Determined. 

17.  The  chief  of  field  division  will  return  to  the  appraiser,  with 
his  objections,  an  appraisement  which  he  deems  materially  low  or 
high,  and  the  appraiser  shall,  within  twenty  days  from  the  receipt 
thereof,  resubmit  the  papers,  with  such  modifications  or  explana- 
tions as  he  may  deem  advisable  or  proper,  upon  receipt  of  which 
the  chief  of  field  division  will  either  approve  the  schedule  as  then 
submitted,   or  forward  the  papers  to  the  Register   and  Receiver, 
with  his  memorandum  of  objection.     The  Register  and  Receiver 
will  thereunder  consider  the  case.     If  they  approve  the  appraise- 
ment, they  will  sign  the  certificate  appended  thereto,  and  advise 
the  chief  of  field  division  thereof.     If  the  Register  and  Receiver 
approve  the  objection  of  the  chief  of  field  division,  they  will  so 
indicate,  and  if  the  appraising  officer  is  an  employee  of  the  In- 
terior  Department,   under   the    supervision    of   the    chief   of   field 
division,  they  will  return  the  papers  to  the  chief  of  field  division, 
who  will  thereupon  order  a  new  appraisement  by  a  different  officer. 
If,  however,  the  Register  and  Receiver  approve  the  objection  of 


569 

the  chief  of  field  division,  when  the  appraiser  is  an  officer  of  another 
bureau  of  this  department,  or  of  another  department,  they  will 
forward  the  record  of  the  case  to  the  Commissioner  of  the  General 
Land  Office,  who  will  then  determine  the  controversy. 

Appraisement:  Notation  and  Effect  Thereof. 

18.  "When   the   appraisement   is   completed,   the   Register   and 
Receiver  will  note  the  price  on  their  records,  and  thereafter  the 
land  will  be  sold  at  such  price  only,  under  the  provisions  of  the 
timber   and   stone    Acts,    unless   the   land    shall    have   been    reap- 
praised in  the  manner  provided  herein.     (See  letter,  February  28, 
1910,  page  583.) 

Failure  to  Appraise :  Rights  of  Applicant :   How  Terminated. 

19.  Unless  the  Land  Department,  as  hereinbefore  provided,  or 
otherwise,  as  directed  by  the  Secretary  of  the  Interior,  shall  ap- 
praise any  lands  applied  for  under  these  regulations  within  nine 
months  from  the  date  of  such  application,  the  applicant  may,  with- 
out notice,  within  thirty  days  thereafter,  deposit  the  amount,  not 
less  than  $2.50  per  acre,  specified  in  his  application  as  the  reason- 
able value  of  the  land  and  the  timber  thereon,  with  the  Receiver, 
if  appraisement  has  not  been  filed  prior  to  such  deposit,  and  there- 
upon will  be  allowed  to  proceed  with  his  application  to  purchase 
as  though  the  appraisement  had  been  regularly  made.    The  failure 
of  the  applicant  to  make  the  required  deposit  within  thirty  days 
after  the  expiration  of  the  nine  months'  appraisement  period  will 
terminate  his  rights  without  notice. 

Notice  of  Appraisement:   Payment  or  Protest. 

20.  The    Register   and   Receiver,    after   noting   the    appraised 
price  on  their  records,  will  immediately  inform  the  applicant  that 
he  must,  within  thirty  days  from  service  of  notice,  deposit  with 
the  Receiver,  either  in  lawful  money  or  in  post-office  money  orders 
payable  to  the  Receiver,  or  as  provided  in  section  36  hereof,  the 
appraised  price  of  the  land  and  the  timber  thereon,  or  within  the 
time  allowed  for  payment  file  his  protest  against  the  appraisement, 
deposit  with  the  Receiver  a  sum  sufficient  to  defray  the  expenses 
of  a  reappraisement  (which  sum,  not  less  than  $100,  must  be  fixed 
by  the  Register  and  Receiver  and  specified  in  the  notice  to  the 
applicant),  together  with  his  application  for  reappraisement  at  his 
own  expense.     (See  Form  D,  Appendix.) 

Notice  should  be  given  by  registered  letter  and  the  envelope 
should  be  marked  for  return  if  not  delivered  within  thirty  days. 
If  notice  be  returned  after  being  held  in  the  post  office  for  thirty 
days,  such  proceedings  will  constitute  constructive  notice  for  thirty 
days. 

Objection  to  Appraisement:    Application  for  Reappraisement. 

21.  Any  applicant  filing  his  protest  against  an  appraisement, 
and  his   application   for  reappraisement,   must   support  it   by  his 
affidavit,   corroborated   by  two   competent,   credible,   and   disinter- 
ested persons,  in  which  he  must  set  forth  specifically  his  objections 


570 

to  the  appraisement.  He  must  indicate  his  consent  that  the  amount 
deposited  by  him  for  the  reappraisement,  or  such  part  thereof  as 
is  necessary,  may  be  expended  therefor,  without  any  claim  on  his 
part  for  a  refund  or  return  of  the  money  thus  expended. 

Reappraisement. 

22.  Upon  the  receipt  of  a  protest  against  appraisement  and 
application    for    reappraisement    conforming    to    the    regulations 
herein,  the  Register  and  Receiver  will  transmit  such  protest  and 
application  to  the  chief  of  field  division,  who  will  cause  the  reap- 
praisement to  be  made  by  some  officer  other  than  the  one  making 
the    original    appraisement.      The   procedure    provided   herein   for 
appraisement  wrill  be  followed  for  reappraisement,  except  the  lat- 
ter, if  differing  from  the  former,  must,  to  give  it  effect,  be  approved 
by  the  chief  of  field  division  and  the  Register  and  Receiver,  or,  in 
case  of  disagreement  between  them,  by  the  Commissioner  of  the 
General  Land  Office.     (Form  E,  Appendix.) 

Notice  of  Appraisement. 

23.  When  a  reappraisement  is  finally  effected,  the  Register  and 
Receiver  will  note  the  reappraised  price  on  their  records,  and  at 
once  notify  the  applicant  that  he  must,  within  thirty  days  from  the 
date  of  notice,  deposit  with  the  Receiver  the  amount  fixed  by  such 
reappraisement  for  the  sale  of  the  land,  or  thereafter,  and  without 
notice,   forfeit   all  rights   under   his   application.      (Form  F,   Ap- 
pendix.) 

Cost  of  Making  Reappraisement. 

24.  The  officer  or  employee  of  the  United  States  making  the 
reappraisement  shall  be  paid  from  the  amount  deposited  with  the 
Receiver  by  the  applicant  therefor,  the  salary,  per  diem,  and  other 
expenses  to  which  he  would  have  been  entitled  from  the  Govern- 
ment, in  the  case  of  an  original  appraisement,  for  his  services  for 
the  time  he  was  engaged  in  making  and  returning  the  reappraise- 
ment.   The  Receiver  will,  out  of  the  money  deposited  by  the  appli- 
cant,  pay  such   compensation,   including  reasonable   expenses   for 
subsistence,  transportation,  and  necessary  assistants;  and  the  offi- 
cer will  deduct  from  his  expense  account  with  the  Government  the 
amount  which  he  has  received  from  the  Receiver  for  such  services. 
The   Receiver  will   return   to   the   applicant   the   amount,    if  any, 
remaining  on  deposit  with  him  after  paying  the  expenses  of  said 
reappraisement. 

Final  Proof. 

25.  After  the  appraisement  or  reappraisement  and  deposit  of 
purchase  money  and  fee  have  been  made  the  register  will  fix  a 
time  and  place  for  the  offering  of  final  proof,  and  .name  the  officer 
before  whom  it  shall  be  offered  and  post  a  notice  thereof  in  the 
land  office  and  deliver  a  copy  of  the  notice  to  the  applicant,  to  be 
by  him  and  at  his  expense  published  in  the  newspaper  of  accredited 
standing  and  general  circulation  published  nearest  the  land  applied 
for.     This  notice  must  be  continuously  published  in  the  paper  for 
sixty  days  prior  to  the  date  named  therein  as  the  day  upon  which 
final  proof  must  be  offered.     (Form  "G,"  appendix.) 


571 

Time,  Place,  and  Method  of  Making  Final  Proof. 

26.  Final  proof  should  be  made  at  the  time  and  place  men- 
tioned in  the  notice,  and,  as  a  part  thereof,  evidence  of  publication, 
as  required  by  the  previous  paragraph,  should  also  be  filed.     If 
final  proof  is  not  made  on  that  day  or  within  ten  days  thereafter, 
the  applicant  may  lose  his  right  to  complete  entry  of  the  land. 
Upon  satisfactory  showing,  however,  explaining  the  cause  of  his 
failure  to  make  the  proof  as  above  required,  and  in  the  absence  of 
adverse  claim,  the  Commissioner  of  the  General  Land  Office  may 
authorize  him  to  readvertise  and  complete  entry  under  his  previous 
application.     (See  Form  "H,"  Appendix.) 

Final  Entry. 

27.  After   an   appraisement   or  reappraisement   has   been   ap- 
proved, the  payments  made,  and  satisfactory  proof  submitted  in 
any  case  as  required  by  these  regulations,  the  Register  and  Re- 
ceiver will,  if  no  protest  or  contest  is  pending,  allow  a  final  entry. 

General  Provisions. 

CONTESTS  AND  PROTESTS. 

28.  Protest  may  be  filed  at  any  time  before  an  entry  is  allowed, 
and  contest  may  be  filed  at  any  time  before  patent  issues,  by  any 
person  who  will  furnish  the  Register  and  Receiver  with  a  corrobo- 
rated affidavit  alleging  facts  sufficient  to  cause  the  cancellation  of 
the  entry,  and  will  pay  the  cost  of  contest. 

29.  If  an  applicant  swear  falsely  in  his  application  or  sworn 
statement,  he  will  be  liable  to  indictment  and  punishment  for  per- 
jury; and  if  he  be  guilty  of  false  swearing  or  attempted  fraud  in 
connection  with  his  efforts  to  obtain  title,  or  if  he  fail  to  perform 
any  act  or  make  any  payment  or  proof  in  the. manner  and  within 
the  time  specified  in  the  foregoing  regulations,  his  application  and 
entry  will  be  disallowed  and  all  moneys  paid  by  him  will  be  for- 
feited to  the  Government,  and  his  rights  under  the  timber  and 
stone  Acts  will  be  exhausted. 

EFFECT  OF  APPLICATION  TO  PURCHASE. 

30.  After  an  application  has  been  presented  hereunder  no  other 
person  will  be  permitted  to  file  on  the  land  embraced  therein  un- 
der any  public-land   law  until  such   application  shall   have  been 
finally  disposed  of  adverse  to  the  applicant. 

31.  Lands  appraised  or  reappraised  hereunder,  but  not  sold, 
may,  upon  the  final  disallowance  of  the  application,  be  entered  by 
any  qualified  person,  under  the  provisions  of  the  timber  and  stone 
laws,  at  its  appraised  or  reappraised  value,  if  subject  thereto. 

32.  Lands  applied  for  but  not  appraised  and  not  entered  under 
these  regulations  may,  when  the  rights  of  the  applicant  are  finally 
terminated,  be  disposed  of  as  though  such  application  had  not  been 
filed. 

33.  Any  lands  which  have  not  been  reappraised  may  be  reap- 
praised upon  the  request  of  an  applicant  therefor  under  these  regu- 
lations who  complies  with  the  requirements  of  section  21  hereof. 

34.  An  applicant  securing  a  reappraisement  under  these  Regu- 


572 

lations  shall  acquire  thereby  no  right  or  privilege  except  that  of 
purchasing  the  lands  at  their  reappraised  value,  if  he  is  qualified, 
and  if  the  lands  are  subject  to  sale  under  his  application;  and  he 
must  otherwise  comply  with  these  Regulations,  but  shall  not,  in 
any  event,  be  entitled  to  the  return  of  any  money  deposited  by 
him  and  expended  in  such  reappraisement. 

35.  The  Commissioner  of  the  General  Land  Office  may  at  any 
time  direct  the  reappraisement  of  any  tract  or  tracts  of  public 
lands,    when,  in  his  opinion,  the  conditions  warrant  such  action. 

36.  Unsatisfied  military  bounty  land  warrants  under  any  Act 
of  Congress  and  unsatisfied  indemnity  certificates  of  location  un- 
der the  Act  of  Congress  approved  June  2,  1858,  properly  assigned 
to  the  applicant,  shall  be  receivable  as  cash  in  payment  or  part 
payment    for   lands    purchased    hereuncler    at   the    rate    of    $1.25 
per  acre. 

37.  Any  application  to  purchase  timber  and  stone  lands  filed 
before  January  1,  1909,  which  does  not  conform  to  these  regulations 
shall  be  suspended,  and  the  Register  and  Receiver  should  at  once 
notify  the  applicant  that  he  may,  if  he  so  elect,  file  a  new  appli- 
cation conformable  to  these  regulations  within  thirty  days  from  the 
date  of  the  notice,  and  that  failure  to  file  such  new  application 
within  the  time  specified  will  work  a  forfeiture  of  all  rights  under 
his   suspended   application,   which   will  thereupon   stand  rejected 
without  further  notice. 

38.  These  regulations  shall  be  effective  on  and  after  Decem- 
ber 1,  1908,  but  all  applications  to  purchase  legally  pending  on 
November  30,  1908,  may  be  completed  by  compliance  with  the  regu- 
lations in  force  at  the  time  such  applications  were  filed. 

39.  The  forms  mentioned  herein  and  included  in  the  appendix 
hereto  shall  be  a  part  of  these  regulations. 

ENTEY  OF  STONE  LANDS. 

40.  The  foregoing  regulations  apply  to  entries  of  lands  chiefly 
valuable  for  stone,  and  the  forms  herein  prescribed  can  be  modified 
in  such  manner  as  may  be  necessary  to  the  making  of  entries  of 
stone  lands. 

FORMER  REGULATIONS  REVOKED. 

41.  All   former   regulations,    decisions,   and   practices   in    con- 
flict with  these  regulations  are  hereby  revoked. 

Very  respectfully,  'Fred  Dennett, 

Commissioner. 

Approved :  • 

James  Rudolph  Garfield, 

Secretary. 
Revised  and  approved  August  22,  1911. 

Samuel  Adams, 
Acting  Secretary. 

APPENDIX. 

REGULATIONS  APPROVED  NOVEMBER  30,  1908. 
Acts  Relating  to  Timber  and  Stone  Entries. 

An    Act    for   the   sale    of   timber   lands   in    the    States    of   California,    Oregon, 
Nevada,  and  in  Washington  Territory. 


573 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  surveyed  public  lands  of  the 
United  States  within  the  States  of  California,  Oregon,  and  Nevada,  and  in 
Washington  Territory,  not  included  within  military,  Indian,  or  other  reserva- 
tions of  the  United  States,  valuable  chiefly  for  timber,  but  unfit  for  cultiva- 
tion, and  which  have  not  been  offered  at  public  sale,  according  to  law,  may 
be  sold  to  citizens  of  the  United  States,  or  persons  who  have  declared  their 
intention  to  become  such,  in  quantities  not  exceeding  one  hundred  and  sixty 
acres  to  any  one  person  or  association  of  persons,  at  the  minimum  price  of  two 
dollars  and  fifty  cents  per  acre;  and  lands  valuable  chiefly  for  stone  may  be 
sold  on  the  same  terms  as  timber  lands:  Provided,  That  nothing  herein 
contained  shall  defeat  or  impair  any  bona  fide  claim  under  any  law  of  the 
United  States,  or  authorize  the  sale  of  any  mining  claim,  or  the  improvements 
of  any  bona  fide  settler,  or  lands  containing  gold,  silver,  cinnabar,  copper,  or  coal 
or  lands  selected  by  the  said  States  under  any  laws  of  the  United  States  donating 
lands  for  internal  improvements,  education,  or  other  purposes:  And  provided 
further,  That  none  of  the  rights  conferred  by  the  Act  approved  July  twenty- 
sixth,  eighteen  hundred  and  sixty-six,  entitled  "An  Act  granting  the  right  of 
way  to  ditch  and  canal  owners  over  the  public  lands,  and  for  other  purposes," 
shall  be  abrogated  by  this  Act;  and  all  patents  granted  shall  be  subject  to  any 
vested  and  accrued  water  rights,  or  rights  to  ditches  and  reservoirs  used  in 
connection  with  such  water  rights,  as  may  have  been  acquired  under  and  by 
the  provisions  of  said  Act;  and  such  rights  shall  be  expressly  reserved  in  any 
patent  issued  under  this  Act. 

Sec.  2.  That  any  person  desiring  to  avail  himself  of  the  provisions  of  this 
Act  shall  file  with  the  Register  of  the  proper  district  a  written  statement  in 
duplicate,  one  of  which  is  to  be  transmitted  to  the  General  Land  Office, 
designating  by  legal  subdivisions  the  particular  tract  of  land  he  desires  to 
purchase,  setting  forth  that  the  same  is  unfit  for  cultivation,  and  valuable 
chiefly  for  its  timber  or  stone;  that  it  is  uninhabited;  contains  no  mining  or 
other  improvements,  except  for  ditch  or  canal  purposes,  where  any  such  do 
exist,  save  such  as  were  made  by  or  belonged  to  the  applicant,  nor,  as  deponent 
verily  believes,  any  valuable  deposit  of  gold,  silver,  cinnabar,  copper,  or  coal; 
that  deponent  has  made  no  other  application  under  this  Act;  that  he  does  not 
apply  to  purchase  the  same  on  speculation,  but  in  good  faith  to  appropriate 
it  to  his  own  exclusive  use  and  benefit,  and  that  he  has  not,  directly  or 
indirectly,  made  any  agreement  or  contract,  in  any  way  or  manner,  with  any 
person  or  persons  whatsoever,  by  which  the  title  which  he  might  acquire 
from  the  Government  of  the  United  States  should  inure,  in  whole  or  in  part, 
to  the  benefit  of  any  person  except  himself;  which  statement  must  be  verified 
by  the  oath  of  the  applicant  before  the  Register  or  the  Receiver  of  the  land 
office  within  the  district  where  the  land  is  situated;  and  if  any  person  taking 
such  oath  shall  swear  falsely  in  the  premises,  he  shall  be  subject  to  all  the 
pains  and  penalties  of  perjury,  and  shall  forfeit  the  money  which  he  may  have 
paid  for  said  lands,  and  all  right  and  title  to  the  same;  and  any  grant  or 
conveyance  which  he  may  have  made,  except  in  the  hands  .of  bona  fide  pur- 
chasers, shall  be  null  and  void. 

Sec.  3.  That  upon  the  filing  of  said  statement,  as  provided  in  the  second 
section  of  this  Act,  the  Register  of  the  land  office  shall  post  a  notice  of  such 
application,  embracing  a  description  of  the  land  by  legal  subdivisions,  in  his 
office,  for  a  period  of  sixty  days,  and  shall  furnish  the  applicant  a  copy  of 
the  same  for  publication,  at  the  expense  of  such  applicant,  in  a  newspaper 
published  nearest  the  location  of  the  premises,  for  a  like  period  of  time; 
and  after  the  expiration  of  said  sixty  days,  if  no  adverse  claim  shall  have 
been  filed,  the  person  desiring  to  purchase  shall  furnish  to  the  Register  of 
the  land  office  satisfactory  evidence,  first,  that  said  notice  of  the  application 
prepared  by  the  Register  as  aforesaid  was  duly  published  in  a  newspaper  as 
herein  required;  secondly,  that  the  land  is  of  the  character  contemplated  in 
this  Act,  unoccupied  and  without  improvement,  other  than  those  excepted, 
either  mining  or  agricultural,  and  that  it  apparently  contains  no  valuable 
deposits  of  gold,  silver,  cinnabar,  copper,  or  coal;  and  upon  payment  to  the 
proper  officer  of  the  purchase  money  of  said  land,  together  with  the  fees  of 
the  Register  and  Receiver,  as  provided  for  in  case  of  mining  claims  in  the 
twelfth  section  of  the  Act  approved  May  tenth,  eighteen  hundred  and  seventy- 
two,  the  applicant  may  be  permitted  to  enter  said  tract,  and,  on  the  transmis- 
sion to  the  General  Land  Office  of  the  papers  and  testimony  in  the  case,  a 
patent  shall  issue  thereon:  Provided,  That  any  person  having  a  valid  claim 


574 

to  any  portion  of  the  land  may  object,  in  writing,  to  the  issuance  of  a  patent 
to  lands  so  held  by  him,  stating  the  nature  of  his  claim  thereto;  and  evidence 
shall  be  taken,  and  the  merits  of  said  objection  shall  be  determined  by  the 
officers  of  the  land  office,  subject  to  appeal,  as  in  other  land  cases.  Effect 
shall  be  given  to  the  foregoing  provisions  of  this  Act  by  regulations  to  be 
prescribed  by  the  Commissioner  of  the  General  Land  Office. 

******* 

Sec.  6.  That  all  Acts  and  parts  of  Acts  inconsistent  with  the  provision? 
of  this  Act  are  hereby  repealed. 

Approved,  June  3,  1878.     (20  Stat.,  89.) 
An  Act  to  authorize  the  entry  of  lands   chiefly   valuable  for  building  stono 

under  the  placer  mining  laws. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  any  person  authorized  to  enter 
lands  under  the  mining  laws  of  the  United  States  may  enter  lands  that  are 
chiefly  valuable  for  building  stone  under  the  provisions  of  the  law  in  relation 
to  placer  mineral  claims:  Provided,  That  lands  reserved  for  the  benefit  of  the 
public  schools  or  donated  to  any  State  shall  not  be  subject  to  entry  under 
this  Act. 

Sec.  2.  That  an  Act  entitled  "An  Act  for  the  sale  of  timber  lands  in  the 
States  of  California,  Oregon,  Nevada,  and  Washington  Territory,"  approved 
June  third,  eighteen  hundred  and  seventy-eight,  be,  and  the  same  is  hereby, 
amended  by  striking  out  the  words  "States  of  California,  Oregon,  Nevada, 
and  Washington  Territory"  where  the  same  occur  in  the  second  and  third 
lines  of  said  Act,  and  insert  in  lieu  thereof  the  words  "public-land  States," 
the  purpose  of  this  Act  being  to  make  said  Act  of  June  third,  eighteen 
hundred  and  seventy-eight,  applicable  to  all  the  public-land  States. 

Sec.  3.  That  nothing  in  this  Act  shall  be  construed  to  repeal  section 
twenty-four  of  the  Act  entitled  "An  Act  to  repeal  timber-culture  laws,  and 
for  other  purposes,"  approved  March  third,  eighteen  hundred  and  ninety-one. 

Approved,  August  4,  1892.     (27  Stat.,  348.) 
An  Act  to  provide  for  the  location  and  satisfaction   of  outstanding  military 

bounty  land  warrants  and  certificates  of  location  under  section  three  of  the 

Act  approved  June  second,  eightesn  hundred  and  fifty-eight. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  in  addition  to  the  benefits 
now  given  thereto  by  law,  all  unsatisfied  military  bounty  land  warrants  under 
any  Act  of  Congress,  and  unsatisfied  indemnity  certificates  of  location  under 
the  Act  of  Congress  approved  June  second,  eighteen  hundred  and  fifty-eight, 
whether  heretofore  or  hereafter  issued,  shall  be  receivable  at  the  rate  of  one 
dollar  and  twenty-five  cents  per  acre  in  payment  or  part  payment  for  any 
lands  entered  under  the  desert  land  law  of  March  third,  eighteen  hundred  and 
eighty-  [seventy-]  seven,  entitled  "An  Act  to  provide  for  the  sale  of  desert 
lands  in  certain  States  and  Territories,"  and  the  amendments  thereto,  the 
timber-culture  law  of  March  third,  eighteen  hundred  and  seventy-three,  en- 
titled "An  Act  to  encourage  the  growth  of  timber  on  the  Western  prairies," 
and  the  amendments  thereto;  the  timber  and  stone  law  of  June  third,  eighteen 
hundred  and  seventy-eight,  entitled  ' '  An  Act  for  the  sale  of  timber  lands  in 
the  States  of  California,  Oregon,  Nebraska,  and  Washington  Territory, ' '  and 
the  amendments  thereto,  or  for  lands  which  may  be  sold  at  public  auction, 
except  such  lands  as  shall  have  been  purchased  from  any  Indian  tribe  within 
ten  years  last  past. 

Approved,  December  13,  1894.     (28  Stat.,  594.) 
An  Act  to  abolish  the  distinction  between  offered  and  unoffered  lands,  and  for 

other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  in  cases  arising  from  and  after 
the  passage  of  this  Act  the  distinction  now  obtaining  in  the  statutes  between 
offered  and  unoffered  lands  shall  no  longer  be  made  in  passing  upon  subsisting 
preemption  claims,  in  disposing  of  the  public  lands  under  the  homestead  laws, 
and  under  the  timber  and  stone  law  of  June  third,  eighteen  hundred  and 
seventy-eight,  as  extended  by  the  Act  of  August  fourth,  eighteen  hundred  and 
ninety-two,  but  in  all  such  cases  hereafter  arising  the  land  in  question  shall 
be  treated  as  unoffered,  without  regard  to  whether  it  may  have  actually  been 
at  some  time  offered  or  not. 

******* 

Approved,  May  18,  1898.     (30  Stat.,  418.) 


575 

An  Act  to  amend  the  Act  of  Congress  of  March  eleventh,  nineteen  hundred 

and  two,  relating  to  homesteads. 

Sec.  2294  as  amended  by  Act  4,  1904.     (33  Stat.,  59.)     See  page  286. 
An  Act  making  appropriations  for  sundry  civil  expenses  of  the   Government 

for  the  fiscal  year  ending  June  thirtieth,  eighteen  hundred  and  ninety-one, 

and  other  purposes. 

Approved,  August  30,  1890.     (26  Stat.,  391.)     See  pages  285,  344. 
An  Act  to  repeal  the  timber-culture  laws,  and  for  other  purposes. 

Sec.  17.     (26  Stat.,  1095.)     See  pages  389,  390. 

The  320-acre  limitation  provided  by  the  above  Acts  of  August  30,  1890 
(26  Stat.,  391),  and  March  3,  1891  (26  Stat.,  1095),  applies  to  timber  and  stone 
entries.  (33  L.  D.,  539,  605.) 


[Form  A.] 
APPLICATION  AND  SWORN  STATEMENT. 

[To  be  made  in  duplicate.] 

Act  June  3,  1878,  and  Acts  Amendatory. 

Departmental  Regulations  Approved  November  30,  1908. 

United  States  Land  Office, 

,  1908. 

1, ,  hereby  make  application  to  purchase  the  quarter 

of  section ,  in  township and  range ,  in  the  State  of , 

and  the  timber  thereon,  at  such  value  as  may  be  fixed  by  appraisement,  made 
under  the  authority  of  the  Secretary  of  the  Interior,  under  the  Act  of  June  3, 
1878,  commonly  known  as  the  "Timber  and  stone  law,"  and  Acts  amendatory 
thereof,  and  in  support  of  this  application  I  solemnly  swear:  That  I  am  a 
native  (or  naturalized)  citizen  of  the  United  States  (or  have  declared  my  in- 
tention to  become  a  citizen);  that  I  am years  of  age  and  by  occupation 

;  that  I  did  on ,  19 — ,  examine  said  land,  and  from  my  personal 

knowledge  state  that  said  land  is  unfit  for  cultivation  and  is  valuable  chiefly 
for  its  timber,  and  that  to  my  best  knowledge  and  belief,  based  upon  said 

examination,  the  land  is  worth  dollars,  and  the  timber  thereon,  which 

I  estimate  to  be  feet,  board  measure,  is  worth  dollars,  making 

a  total  value  for  the  land  and  timber  of  dollars  and  no  more;   that 

the  land  is  uninhabited;  that  it  contains  no  mining  or  other  improvement?, 
nor,  as  I  verily  believe,  any  valuable  deposit  of  gold,  silver,  cinnabar,  copper 
or  coal,  of  other  minerals,  salt  springs  or  deposits  of  salt;  that  I  have  made  no 
other  application  under  said  Acts;  that  I  do  not  apply  to  purchase  the  land 
above  described  on  speculation,  but  in  good  faith  to  appropriate  it  to  my  own 
exclusive  use  and  benefit;  that  I  have  not,  directly  or  indirectly,  made  any 
agreement  or  contract,  in  any  way  or  manner,  with  any  person  or  persons 
whomsoever,  by  which  the  title  I  may  acquire  from  the  Government  of  the 
United  States  may  inure  in  whole  or  in  part  to  the  benefit  of  any  person 
except  myself;  that  since  August  30,  1890,  I  have  not  entered  any  acquired 
title  to,  nor  am  I  now  claiming,  under  an  entry  made  under  any  of  the.  non- 
mineral  public  land  laws,  an  amount  of  land  which,  together  with  the  land 
now  applied  for,  will  exceed  in  the  aggregate  320  acres;  that  I  am  not  a 
member  of  any  association,  or  a  stockholder  in  any  corporation  which  has 
filed  an  application  and  sworn  statement  under  said  Act;  and  that  my  post- 
office  address  is  ,  at  which  place  any  notice  affecting  my  rights  under 

this  application  may  be  sent.  I  request  that  notice  be  furnished  me  for 
publication  in  the  newspaper,  published  at  . 

Sign  here  with  full  Christian  name 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant  in 
my  presence   before   affiant   affixed   signature   thereto;   that   affiant    is   to   me 

personally  known,  or  has  been   satisfactorily  identified  before  me  by  

(give  full  name  and  postoffice  address) ;  that  I  verily  believe  affiant  to 

be  a  qualified  applicant  and  the  identical  person  hereinbefore  described,  and 
that  said  affidavit  was  duly  subscribed  and  sworn  to  before  me,  at  my  office 

in  (town), (county  and  State),  within  the  land 

district  this day  of ,  19 — . 

Official  designation  of  officer. 
In  case  the  applicant  has  been  naturalized  or  has  declared  his  intention 


576 


to  become  a  citizen,  a  certified  copy  of  his  certificate  of  naturalization  or 
declaration  of  intention,  as  the  case  may  be,  must  be  furnished. 

If  the  residence  is  in  a  city,  the  street  and  number  must  be  given. 

The  newspaper  designated  must  be  one  of  general  circulation,  published 
nearest  the  land. 


[Form  B.] 

DESIGNATION    OF   APPEAISEB. 
Departmental  Eegulations  Approved  November  30,  1908. 


-    19-. 


Sir:     You  are  designated  to  appraise  the 
township   ,  — ,   and   range 


quarter  of  section 


-acres.  This  land  has  been  applied  for  by 


which   embraces    a   total    of 
-,  of 


under  the  timber  and  stone  law.  If  you  accept  this  designation,  it  will  be 
your  duty  to  personally  visit  and  carefully  examine  each  and  every  legal  sub- 
division of  the  land,  and  the  timber  thereon,  and  to  make  a  return  through  this 
office  of  the  approximate  quantity,  quality,  and  the  stumpage  cash  value  of 
the  various  kinds  of  timber,  the  cash  value  of  the  land,  and  the  total  value  of 
the  land  and  timber.  The  total  appraisement  of  the  land  and  timber,  however, 
must  not  amount  to  less  than  two  dollars  and  fifty  cents  per  acre  for  each 
acre  appraised.  Each  legal  subdivision  must  be  separately  appraised,  or  your 
return  must  show  specifically  that  the  appraisement  applies  to  each  legal  sub- 
division. 

Please  inform  me  as  soon  as  possible,  and  not  later  than ,  19 — ^ 

whether  you  will  be  able  to  do  the  work,  and  also  advise  me  the  approximate 
date  the  appraisal  will  be  completed. 

Very  respectfully,  , 

Chief  of  Field  Division,  General  Land  Office. 

[Form  C.] 
APPBAISAL,  TIMBEE  AND  STONE  LANDS. 

Act  March  3,  1878,  and  Acts  Amendatory. 
Departmental  regulations  approved  November  30,  1908. 


Lot  or  quar- 
ter-quar- 
ter. 

Kind  of 
timber. 

Qualitv 
of  tim- 
ber. 

Board 
feet  per 
tract. 

Stumpage 
value 
per  M. 

Character 
of  soil. 

Value  of 
land  ex- 
clusive of 
timber. 

Total 
value  of 
land  and 
timber 
per  acre. 

Value  of 
land  and 
timber 
per  tract. 

- 

« 

Logging: 

Timber  must  be  logged  by   (wagon  haul,  flume,  river  driving,  or 

railroad). 

Distance  logs  or  lumber  are  to  be  transported  to  market,    miles. 

Approximate  cost  per  M  for  transportation  of  logs  or  lumber  to  market, 

dollars.      Accessible?    (yes    or    no).      Manufacturing    possible    on    the 

ground! (yes  or  no).    Will  there  be  improvement  in  logging  facilities  in 

the  vicinity? (yes  or  no).    Will  the  demand  for  timber  products  be  likely 

to  increase  in  the  neighborhood  in  the  near  future? (yes  or  no).    Nearest 

available  quotations  on  stumpage  for  the  species  estimated 

,19-- 

STATEMENT  BY  APPEAISEE. 

I  have  carefully  examined  each  and  every  legal  subdivision  of  the  

quarter    of   section    ,   township    ,    range    ,    and    the    timber 


577 

thereon,  and  the  estimates  included  in  the  above  table  and  the  foregoing  state- 
ment were  based  on  personal  examination.  I  did  not  find  any  indication  that 
the  land  or  any  part  thereof  contains  any  valuable  mineral  or  coal  deposits,  and 
found  no  improvements  or  other  evidence  that  any  claim  is  being  asserted 
under  any  of  the  public-land  laws.  I  recommend  that  the  application  to  pur- 
chase receive  favorable  action. 


Appraiser. 


ACTION  ON  APPRAISEMENT. 


I  have  carefully  examined  the  within  appraisement  and  find  no  reason  to 
beliere  that  it  is  improperly  made. 

It  is  therefore,  accordingly,  approved. 


Chief  of  Field  Division. 

Note. — The  approval  of  the  appraisal  by  the  chief  of  field  division  is  final, 
and  no  action  is  required  thereon  by  the  register  and  receiver,  except  to  note 
the  apppraised  price  on  their  records,  and  to  issue  the  necessary  notices.  The 
register  and  receiver  will,  in  the  event  of  a  disagreement  between  the  appraiser 
and  the  chief  of  field  division,  and  their  concurrence  with  the  appraiser,  sign 
the  following  certificate: 

United  States  Land  Office, , 


We  have  carefully  considered  the  within  appraisement  and  the  objections 
thereto  urged  by  the  chief  of  field  division,  and,  believing  that  the  appraisal 
is  not  materially  high  or  low,  the  same  is  hereby  approved. 

,  Register. 

,  Receiver. 

Note. — If  the  register  and  receiver  concur  in  the  adverse  objections  of  the 
chief  of  field  division  they  will  proceed  in  accordance  with  paragraph  17  of 
the  Regulations  approved  November  30,  1908. 

SUGGESTIONS  TO  APPRAISERS. 

The  appraiser  should  fill  in  each  blank  carefully  and  legibly.  Under  the 
head  of  kinds  of  timber  he  should  state  the  species,  such  as  "yellow  pine," 
"white  pine,"  "Douglas  fir,"  "spruce,"  etc.  If  there  are  more  than  four 
leading  species,  all  others  should  be  under  the  head  of  "Miscellaneous,"  in 
the  fifth  space.  The  quality  of  the  timber  should  be  judged  as  far  as  possible 
at  local  sawmills,  and  should  be  indicated  by  such  descriptive  words  as  "excel- 
lent," "good,"  "fair,"  and  "poor." 

In  the  first  column  to  the  left  the  description  of  the  land  should  be  given. 


[Form  D.] 
NOTICE  TO  APPLICANT  OF  APPRAISEMENT, 

Departmental  Regulations  approved  November  30,  1908. 

United  States  Land  Office, 


Sir:  You  are  informed  that  the  land,  and  the  timber  thereon,  embraced 

in  your  timber  and  stone  application  No ,  filed ,  19..,  have 

been  appraised  in  the  total  sum  of dollars. 

You  are  therefore  notified  that  your  application  for  said  lands  will  be 
.lismissed  without  further  notice,  if  you  do  not,  within  thirty  days  from  service 
of  this  notice,  deposit  the  appraised  price  of  the  land  with  the  receiver  of 
this  office,  or  file  your  written  protest  against  such  appraisement,  setting  forth 
clearly  and  specifically  your  objection  thereto,  which  protest  must  be  sworn  to 
by  you,  and  corroborated  by  two  competent,  credible,  and  disinterested  persons. 
The  protest,  if  filed,  must  be  accompanied  by  your  application  requesting  that 
the  land  be  reappraised  at  your  expense,  and  you  must  deposit  with  the  receiver 


578 

the  sum  of dollars,  to  be  expended  theref or,  and  you  must  indicate  your 

consent  that  the  amount  so  deposited  may  be  expended  for  the  reappraisement, 
without  any  claim  on  your  part  that  any  portion  thereof,  so  expended,  shall  be 
returned  or  refunded  to  you. 

If  a  reappraisement  is  made  under  your  application,  you  will  secure  no 
right  or  privilege,  except  that   of  purchasing  the  lands  at  their  reappraised 
value,  if  they  are  subject  to  sale  and  you  are  properly  qualified. 
Very  respectfully, 

,  Eegister. 

.,  Keceiver. 


[Form  E.] 
REAPPRAISEMENT. 

Form  C  may  be  modified  so  as  to  show  that  the  action  taken  is  a  reap- 
praisement instead  of  an  original  appraisement.  The  return  of  the  appraising 
officer  and  indorsements  by  the  chief  of  field  division  and  the  register  and 
receiver  must  show  that  the  action  taken  is  a  reappraisement,  and  it  must  be 
approved  conjointly  by  the  chief  of  field  division  and  the  register  and  receiver. 


[Form  F.] 
NOTICE  OF  REAPPRAISEMENT. 

Departmental  Regulations  approved  November  30,  1908. 

United  States  Land  Office, 


Sir:   You  are  advised  that,  pursuant  to  your  application,  the quarter 

of  section ,  township ,  and  range   ,  and  the  timber  thereon, 

embraced   in   your   timber   and  stone   sworn    statement,   No ,   have   been 

reappraised,  and  the  price  fixed   at    dollars,  which  amount  you  must 

deposit  with  the  receiver  of  this  office  within  thirty  days  from  service  of  notice 
hereof,  or  your  application  will  be  finally  disallowed  without  further  notice. 
Very  respectfully, 

,  Register. 

,  Receiver. 


[Form  G.] 

NOTICE  OF  APPLICATION  TO  PURCHASE  UNDER  TIMBER  AND  STONE 

LAWS. 

Departmental  Regulations  approved  November  30,  1908. 

United  States  Land  Office, 

, ,  19.. 

Notice   is   hereby  given   that    ,   whose   post-office   address   is 

,   did   on  the    day   of    ,   19..,   file   in   this   office   his   sworn 

statement  and  application  No to  purchase  the  quarter  of  section 

,  township ,  range , M.,  and  the  timber  thereon,  under 

the  provisions  of  the  Act  of  June  3,  1878,  and  acts  amendatory,  known  as  the 
"Timber  and  stone  law,"  at  such  value  as  might  be  fixed  by  appraisement,  and 
that,  pursuant  to  such  application,  the  land  and  timber  thereon  have  been 

appraised,  the  timber  estimated  board  feet,  at  $ per  M,  and  the 

land  $ ,  or  combined  value  of  the  land  and  timber  at  $ ;  that  said 

applicant  will  offer  final  proof  in  support  of  his  application  and  sworn  state- 
ment on  the day  of ,  19 .  . ,  before ,  at Any 

person  is  at  liberty  to  protest  this  purchase  before  entry,  or  initiate  a  contest 
at  any  time  before  patent  issues,  by  filing  a  corroborated  affidavit  in  this  office, 
alleging  facts  which  would  defeat  the  entry. 

,  Register. 

Where  notice  is  issued  under  section  19,  the  register  will  modify  the  blank 
so  as  to  show  the  valuation  placed  on  the  land  and  the  timber  thereon  was  that 


579 

made  by  the  applicant  when  he  filed  his  sworn  statement,  instead  of  being  fixed 
by  appraisement. 

[Form  H.] 

TIMBER  OR  STONE  ENTRY. 
(4— 370a.) 

Departmental  Regulations  approved  by  the  Secretary  of  the  Interior  Novem- 
ber 30,  1908. 

Department  of  the  Interior. 

U.  S.  Land  Office, , ,  No 

Receipt  No 

Final  Proof. 

I  hereby  solemnly  swear  that  I  am  the  identical ,  who  pre- 
sented sworn  statement  and  application,  No ,  for ,  section 

,  township  ,  range  , meridian;  that  the  land  is  val- 
uable chiefly  for  its  timber,  and  is,  in  its  present  condition,  unfit  for  cultivation; 
that  it  is  unoccupied  and  without  improvements  of  any  character,  except  for 
ditch  or  canal  purposes,  and  that  it  apparently  contains  no  valuable  deposits 
of  gold,  silver,  cinnabar,  copper,  coal,  salines,  or  salt  springs. 


(Sign  here,  with  full  Christian  name.) 


(Post-office  address.) 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant  in 
my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to  me  per- 
sonally known  (or  has  been  satisfactorily  identified  before  me  by ; 

(Give  full  name  and  post -office  address.) 

that  I  verily  believe  affiant  to  be  a  qualified  applicant  and  the  identical  person 
hereinbefore  described,  and  that  said  affidavit  was  duly  subscribed  and  sworn 

to  before  me,  at  my  office,  in    ,   ,  within  the   land 

(Town.)        (County  and  State.) 
district,  this day  of ,  19. . 


(Official  designation  of  officer.) 

This  form  of  proof  can  be  accepted  only  where  the  land  embraced  in  the 
application  to  purchase  has  been  appraised  or  reappraised  pursuant  to  the 
provisions  of  the  Timber  and  Stone  Regulations  approved  November  30,  1908, 
by  the  Secretary  of  the  Interior. 

Proof  supporting  applications  to  purchase  under  section    19   of  the   said 
regulations  or  under  applications  pending  November  30,  1908,  must  be  made 
by  the  applicant  and  two  witnesses,  as  required  by  the  regulations  in  force 
prior  to  December  1,  1908.     (See  Forms  4 — 370  and  4 — 371.) 
[To  be  used  only  when  sale  is  made  under  section  19  of  the  regulations  approved 

November  30,  1908,  and  in  sales  under  applications  pending  November  30, 

1908.] 

(4—370.) 

(Form  approved  by  the  Secretary  of  the  Interior  November  12,  1907.) 

TIMBER  OR  STONE  ENTRY. 

Department  of  the  Interior. 

U.  S.  Land  Office, , 

Testimony  of  Claimant. 

I, (give  full  Christian  name),  being  duly  called  as  a  witness 

in  support  of  my  application  to  purchase  the   ,  section  ,  township 

,  range , meridian,  testify  as  follows: 

Question  1.  What  is  your  age,  occupation,  post-office  address,  and  where 
do  you  live? 

Answer 

Question  2.  Are  you  a  native-born  citizen  of  the  United  States;  and,  if  so, 
in  what  State  or  Territory  were  you  born?  Are  you  married  or  single? 

Answer 

Question  3.   Are  you  the  identical  person  who  applied  to  purchase  this  laud 

on  the day  of ,  19. .,  and  made  the  sworn  statement  required  by 

law  upon  that  day? 


580 

Answer 

Question  4.  Have  you  made  a  personal  examination  of  each  smallest  legal 
subdivision  of  the  land  applied  for? 

Answer 

Question  5.  When,  under  what  circumstances,  and  with  whom  was  such 
examination  made? 

Answer 

Question  6.   How  did  you  identify  said  land?    Describe  it  fully. 

Answer 

Question  7.  Is  the  land  occupied,  or  are  there  any  improvements  on  it?  If 
so,  describe  them  and  state  whether  they  belong  to  you. 

Answer 

Question  8.  Is  the  land  fit  for  cultivation,  or  would  it  be  fit  for  cultivation 
if  the  timber  were  removed? 

Answer 

Question  9.  What  is  the  situation  of  this  land,  what  is  the  nature  of  the 
soil,  and  what  causes  render  the  same  unfit  for  cultivation? 

Answer 

Question  10.  Are  there  any  salines  or  indications  of  deposits  of  gold,  silver, 
cinnabar,  copper,  coal,  or  other  minerals  on  this  land?  If  so,  state  what  they 
are. 

Answer 

Question  11.  Is  the  land  valuable  for  mineral,  or  more  valuable  for  any 
other  purposes  than  for  the  timber  or  stone  thereon,  or  is  it  chiefly  valuable 
for  timber  or  stone?  (Answer  each  question.) 

Answer 

Question  12.  From  what  facts  do  you  conclude  that  the  land  is  chiefly 
valuable  for  timber  and  stone? 

Answer 

Question  13.  How  many  thousand  feet,  board  measure,  of  lumber  do  you 
estimate  that  there  is  on  this  entire  tract?  What  is  the  stumpage  value  of 
same? 

Answer 

Question  14.  Are  you  a  practical  lumberman  or  woodsman?  If  not,  how 
do  you  arrive  at  your  estimate  of  the  quantity  and  value  of  lumber  on  the 
tract? 

Answer 

Question  15.  What  do  you  expect  to  do  with  this  land  and  the  timber  when 
you  get  title  to  it? 

Answer ." 

Question  16.  Do  you  know  of  any  capitalist  or  company  which  has  offered 
to  purchase  timber  land  in  the  vicinity  of  this  entry?  If  so,  who  are  they,  and 
how  do  you  know  them? 

Answer 

Question  17.  Has  any  person  offered  to  purchase  this  land  if  you  acquire 
title?  If  so,  who,  and  for  what  amount? 

Answer 

Question  18.  Where  is  the  nearest  and  best  market  for  the  timber  on  this 
land  at  the  present  time? 

Answer 

Question  19.  What  has  been  your  occupation  during  the  past  year;  where 
and  by  whom  have  you  been  employed,  and  at  what  compensation? 

Answer 

Question  20.  How  did  you  first  learn  about  this  particular  tract  of  land,  and 
that  it  would  be  a  good  investment  to  buy  it? 

Answer 

Question  21.  Did  you  pay  or  agree  to  pay  anything  for  this  information? 
If  so,  to  whom,  and  the  amount? 

Answer 

Question  22.  Did  you  pay  out  of  your  own  individual  funds  all  the  expenses 
in  connection  with  making  this  filing,  and  do  you  expect  to  pay  for  the  land 
with  your  own  money? 

Answer 

Question  23.  Where  did  you  get  the  money  with  which  to  pay  for  this  land, 
and  how  long  have  you  had  same  in  your  actual  possession? 

Answer 

Question  24.  Have  you  kept  a  bank  account  during  the  past  six  months! 
If  so,  where? 


581 

A  nswer 

Question  25.  Have  you  sold  or  transferred  your  claim  to  this  land  since 
making  your  sworn  statement,  or  have  you  directly  or  indirectly  made  any 
agreement  or  contract,  in  any  way  or  manner,  with  any  person  whomsoever,  by 
which  the  title  which  you  may  acquire  from  the  Government  of  the  United 
States  may  inure  in  whole  or  in  part  to  the  benefit  of  any  person  except  your- 
self! 

Answer 

Question  26.  Do  you  make  this  entry  in  good  faith  for  the  appropriation 
of  the  land  and  the  timber  thereon  exclusively  for  your  own  use  and  not  for 
the  use  or  benefit  of  any  other  person! 

Answer 

Question  27.  Has  any  person  other  than  yourself,  or  any  firm,  corporation, 
or  association  any  interest  in  the  entry  you  are  now  making,  or  in  the  land 
or  in  the  timber  thereon? 

Answer 

*  Question  28.  Have  you  since  August  30,  1890,  entered  and  acquired  title 
to,  or  are  you  now  claiming,  under  an  entry  made  under  any  of  the  nonmineral 
public-land  laws,  an  amount  of  land  which,  together  with  the  land  now  applied 
for,  will  exceed  in  the  aggregate  320  acres! 

Answer 


(Sign  here,  with  full  Christian  name.) 

Note. — Every  person  swearing  falsely  to  the  above  deposition  will  be  pun- 
ished as  provided  by  law  for  such  offense.  (See  Sec.  125,  U.  S.  Criminal  Code, 
below.)  In  addition  thereto,  the  money  that  may  be  paid  for  the  land  is 
forfeited,  and  all  conveyances  of  the  land,  or  of  any  right,  title,  or  claim 
thereto,  are  absolutely  null  and  void  as  against  the  United  States. 

*  Note. — In  addition  to  the  foregoing  testimony  the  officer  before  whom 
the  proof  is  made  will  ask  such  questions  as  seem  necessary  to  bring  out  all 
the  facts  in  the  case, 

I  hereby  certify  that  the  foregoing  deposition  was  read  to  or  by  deponent 
in  my  presence  before  deponent  affixed  signature  thereto;  that  deponent  is  to 
me  personally  known  [or  has  been  satisfactorily  identified  before  me  by 

(give  full  name  and  post-office  address)];  that  I  verily  believe 

deponent  to  be  a  qualified  claimant  and  the  identical  person  hereinbefore 
described,  and  that  said  deposition  was  duly  subscribed  and  sworn  to  before 

me,  at  my  office,  in  (town), (county  and  State),  within 

the land  district,  this day  of ,  19. . 

I  further  certify  that  I  tested  the  accuracy  of  affiant's  information  and 
good  faith  in  making  the  entry,  by  close  and  sufficient  cross-examination  of 
claimant  and  the  witnesses,  and  am  satisfied  from  such  examination  that  the 
entry  is  made  in  good  faith  for  entryman's  own  exclusive  use  and  not  for  sale 
or  speculation,  nor  in  the  interest  of,  nor  for  the  benefit  of,  any  other  person 
or  persons,  firm,  or  corporation. 


Official  designation  of  officer. 

Sec.  125,  United  States  Criminal  Code. — Whoever,  having  taken  an  oath 
before  a  competent  tribunal,  officer,  or  person,  in  any  case  in  which  a  law  of 
the  United  States  authorizes  an  oath  to  be  administered,  that  he  will  testify, 
declare,  depose,  or  certify  truly,  or  that  any  written  testimony,  declaration, 
deposition,  or  certificate  by  him  subscribed,  is  true,  shall  willfully  and  contrary 
to  such  oath  state  or  subscribe  any  material  matter  which  he  does  not  believe 
to  be  true,  is  guilty  of  perjury,  and  shall  be  fined  not  more  than  two  thousand 
dollars  and  imprisoned  not  more  than  five  years. 

(4^371.) 

(Form  approved  by  the  Secretary  of  the  Interior  November  12,  1907.) 
TIMBER  OE  STONE  ENTRY. 

Department  of  the  Interior. 

U.  S.  Land  Office, , 

Testimony  of  Witness. 

I, (give  full  Christian  name),  being  duly  callod  as  a  witness 

in  support  of  the  application  of (give  full  Christian  name),  filed 

at  the land  office,  to  purchase  the section ,  township , 

range , meridian,  testify  as  follows: 


582 

Question  1.  What  is  your  age,  occupation,  post-office  address,  and  where  do 
you  live? 

Answer. 

Question  2.   By  whom  have  you  been  employed  during  the  last  six  months? 

Answer 

Question  3.  Are  you  acquainted  with  the  land  above  described  by  a  per- 
sonal examination  of  each  of  its  smallest  legal  subdivisions?  Describe  the 
tract  fully. 

Answer 

Question  4.  When,  with  whom,  and  in  what  manner  was  such  examination 
made? 

Answer 

Question  5.  Is  it  occupied  or  are  there  any  improvements  on  it  not  made 
for  ditch  or  canal  purposes,  or  which  were  not  made  by,  or  do  not  belong  to, 
the  said  applicant? 

Answer 

Question  6.  Is  it  fit  for  cultivation? 

Answer 

Question  7.   What  causes  render  it  unfit  for  cultivation? 

Answer 

Question  8.  Are  there  any  salines  or  indications  of  deposits  of  gold,  silver, 
cinnabar,  copper,  coal,  or  other  minerals  on  this  land?  If  so,  state  what  they 
are. 

Answer 

Question  9.  Is  the  land  valuable  for  mineral,  or  more  valuable  for  any 
other  purposes  than  for  the  timber  or  stone  thereon,  or  is  it  chiefly  valuable 
for  timber  or  stone?  (Answer  each  question.) 

Answer 

Question  10.  From  what  facts  do  you  conclude  that  the  land  is  chiefly 
valuable  for  timber  or  stone? 

Answer 

Question  11.   How  long  have  you  known  the  applicant? 

Answer 

Question  12.   What  is  his  financial  condition  so  far  as  you  know? 

Answer 

Question  13.  Do  you  know  of  your  own  knowledge  that  applicant  has  suffi- 
cient money  of  his  own  to  pay  for  this  land  and  hold  it  six  months  without 
mortgaging  it? 

Answer 

Question  14.  Do  you  know  whether  the  applicant  has,  directly  or  indi- 
rectly, made  any  agreement  or  contract,  in  any  way  or  manner,  with  any  person 
whomsoever  by  which  the  title  he  may  acquire  from  the  Government  of  the 
United  States  may  inure  in  whole  or  in  part  to  the  benefit  of  any  person  except 
himself? 

Answer 

*  Question  15.  Are  you  in  any  way  interested  in  this  application  or  in  the 
land  above  described,  or  the  timber  or  stone,  salines,  mines,  or  improvements 
of  any  description  thereon? 

Answer 


Sign  here  with  full  Christian  name 

Note. — Every  person  swearing  falsely  to  the  above  deposition  will  be  pun- 
ished as  provided  by  law  for  such  offense.  (See  Sec.  125,  U.  S.  Criminal  Code, 
below.) 

*  Note. — In  addition  to  the  foregoing  testimony,  the  officer  before  whom 
the  proof  is  made  will  ask  such  questions  as  seem  necessary  to  bring  out  all 
the  facts  in  the  case. 

I  hereby  certify  that  the  foregoing  deposition  was  read  to  or  by  deponent 
in  my  presence  before  deponent  affixed  signature  thereto;  that  deponent  is  to 
me  personally  known  [or  has  been  satisfactorily  identified  before  me  by 

(give  full  name  and  post-office  address)];  that  I  verily  believe 

deponent  to  be  a  credible  witness  and  the  identical  person  hereinbefore  de- 
scribed, and  that  said  deposition  was  duly  subscribed  and  sworn  to  before  me, 

at  my  office,  in   (town), (county  and  State),  within  the 

land  district,  this day  of ,  19. . 


Official  designation  of  officer. 


583 

Sec.  125,  United  States  Criminal  Code. — Whoever,  having  taken  an  oath 
before  a  competent  tribunal,  officer,  or  person,  in  any  case  in  which  a  law  of  the 
United  States  authorizes  an  oath  to  be  administered,  that  he  will  testify, 
declare,  depose,  or  certify  truly,  or  that  any  written  testimony,  declaration, 
deposition,  or  certificate  by  him  subscribed,  is  true,  shall  willfully  and  contrary 
to  such  oath  state  or  subscribe  any  material  matter  which  he  does  not  believe 
to  be  true,  is  guilty  of  perjury,  and  shall  be  fined  not  more  than  two  thousand 
dollars  and  imprisoned  not  more  than  five  years. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  February  28,  1910. 
Eegisters  and  Keceivers, 

United  States  Land  Offices. 

Gentlemen:  Under  the  timber  and  stone  regulations  approved  November 
30,  1908  (37  L.  D.,  289,  par.  18),  you  are  directed  to  note  the  price  fixed  by 
appraisement  on  your  records,  and  advised  that  thereafter  the  land  will  be 
sold  at  that  price  only  under  the  timber  and  stone  law,  unless  subsequently 
reappraised. 

Hereafter,  in  addition  to  the  notation  directed  by  paragraph  18,  you  will 
note  on  your  serial  register,  as  a  part  of  your  office  record  of  each  timber  and 
stone  application,  the  date  of  appraisement,  amount  of  timber,  separate  values 
given  land  and  timber,  and  such  other  data  as  would  be  needed  by  your  office 
in  the  event  the  original  application  fails  of  perfection  and  subsequent  applica- 
tion is  made  for  the  land  at  its  appraised  valuation. 

This  will  avoid  the  necessity  of  calling  upon  this  office  for  the  return  of 
the  record  of  appraisement  in  such  cases. 

Very  respectfully,  S.  V.  Proudfit, 

Commissioner. 

LAWS  AND  EEGULATIONS  CONCERNING  THE  FREE  USE  OF  TIMBER 
UPON  PUBLIC  MINERAL  LANDS. 

(For  form  of  application  see  pages  997  and  998.) 
The  Act  of  June  3,  1878,  chapter  150  (20  Stat,,  88),  provides: 
' '  That  all  citizens  of  the  United  States  and  other  persons,  bona  fide  resi- 
dents of  the  State  of  Colorado  or  Nevada,  or  either  of  the  Territories  of  New 
Mexico,  Arizona,  Utah,  Wyoming,  Dakota,  Idaho,  or  Montana,  and  all  other 
n.ineral  districts  of  the  United  States,  shall  be,  and  are  hereby,  authorized  and 
permitted  to  fell  and  remove,  for  building,  agricultural,  mining,  or  other  domestic 
purposes,  any  timber  or  other  trees  growing  or  being  on  the  public  lands,  said 
lands  being  mineral,  and  not  subject  to  entry  under  existing  laws  of  the  United 
States,  except  for  mineral  entry,  in  either  of  said  States,  Territories,  or  dis- 
tricts of  which  such  citizens  or  persons  may  be  at  the  time  bona  fide  citizens, 
subject  to  such  rules  and  regulations  as  the  Secretary  of  the  Interior  may 
prescribe  for  the  protection  of  the  timber  and  of  the  undergrowth  growing 
upon  sucb  lands,  and  for  other  purposes:  Provided,  The  provisions  of  this 
Act  shall  not  extend  to  railroad  corporations." 

REGULATIONS. 

In  pursuance  of  the  authority  granted  in  the  above  section  of  the  Act  of 
June  3,  1878,  the  following  rules  and  regulations  are  hereby  prescribed  for  the 
protection  of  the  timber  and  of  the  undergrowth  upon  such  lands,  and  for 
other  purposes  incidental  thereto.  The  attention  of  persons  seeking  the  free 
use  of  timber  is  particularly  called  to  the  fact  that  this  Act  does  not  authorize 
the  cutting  of  timber  from  any  lands  subject  to  any  form  of  nonmineral  entry. 
The  Act  applies  only  to  lands  subject  to  mineral  entry.  Lands  subject  to  min- 
eral entry  are  such  lands  as  are  known  to  contain  such  deposits  of  mineral 
as  warrant  a  prudent  person  in  expending  his  time  or  money  in  the  reasonable 
expectation  of  developing  a  mine  thereon.  The  proper  protection  of  the  timber 
and  undergrowth  upon  lands  to  be  cut  over  necessarily  varies  with  the  nature 
of  topography,  soil,  and  forests. 

First.  Qualified  persons  within  the  States  and  Territories  named  desiring 
to  take  timber  for  purposes  authorized  by  law  must  make  application  for 
permit  to  cut  timber,  such  application  to  be  presented  or  mailed  to  any  Regis- 
ter or  Receiver,  or  to  the  Chief  of  Field  Division  having  jurisdiction  over  the 
land. 


584 

Second.  Such  application  shall  set  forth  the  names  and  legal  residence  of 
persons  applying  to  fell  and  remove,  and  the  names  and  residence  of 
persons  who  are  to  use,  the  timber;  also  the  amount  of  timber  required  by  each 
person,  and  the  use  to  be  made  thereof,  and  the  date  it  is  desired  to  begin  cut- 
ting; also,  the  lands  to  be  cut  over  shall  be  so  described  in  the  application  that 
they  may  be  identified  from  the  description  set  forth.  The  application  must 
be  verified  by  an  applicant.  Blank  forms  for  making  applications  may  be  pro- 
cured by  addressing  the  Chief  of  Field  Division. 

Third.  Immediately  upon  receipt  of  an  application,  the  Chief  of  Field 
Division  shall  cause  investigation  to  be  made  of  the  lands,  and  of  material 
statements  in  the  application.  If  the  Chief  of  Field  Division  finds  the  timber 
may  be  cut  for  the  purposes  permitted  by  law,  he  may  authorize  cutting  to 
proceed  at  once  under  such  named  restrictions  (within  the  scope  of  these  regu- 
lations) as  the  protection  of  the  timber  and  undergrowth  may  require.  Such 
permit,  or  refusal  to  grant  permit,  shall  be  subject  to  revision  by  the  Com- 
missioner of  the  General  Land  Office. 

Fourth.  Upon  completing  investigation  of  any  application,  the  Chief  of 
Field  Division  shall  make  report  to  the  Commissioner  of  the  General  Land 
Office.  His  report  shall  contain  the  application,  copy  of.  his  permit  or 
letter  declining  to  grant  permit,  and  shall  further  show  (1)  whether 
the  lands  are  mineral,  (2)  whether  persons  named  in  application 
are  (a)  qualified  to  fell  and  remove,  and  (b)  authorized  to  use  the 
timber  as  stated,  (3)  what  percentage  of  the  matured  timber  may  be  taken 
consistent  with  proper  protection  of  the  remaining  timber  and  undergrowth, 
with  the  facts  upon  which  he  bases  his  conclusions;  and  what  method  of 
handling  the  tops,  lops,  and  debris  made  by  logging  is  necessary  for  the  pro- 
tection of  timber  and  undergrowth,  and  the  facts  upon  which  his  conclusions 
are  based. 

Fifth.  Permits  granted  shall  specify  (1)  the  persons  authorized  to  fell 
and  remove,  and  those  authorized  to  use,  with  amount  and  use  stated  as  to 
each  person;  (2)  identify  the  lands  to  be  cut  over;  (3)  that  only  matured  tim- 
ber may  be  taken,  and  the  percentage  of  the  total  stand,  acre  by  acre,  to  be 
cut;  (4)  the  method  of  disposing  of  the  tops  and  other  debris;  and  (5)  that 
the  cutting  authorized  shall  be  completed  within  twelve  months  of  date  of 
permit,  or  application  for  renewal  must  be  made. 

Sixth.    No  timber  may  be  cut  in  advance  of  a  determined  lawful  use. 

Seventh.  No  timber  not  matured  may  be  cut.  Each  matured  tree  taken 
shall  be  worked  up  and  utilized  for  some  beneficial  domestic  purpose.  Persons 
taking  timber  for  specific  purposes  will  be  required  to  take  only  such  matured 
trees  as  will  work  up  to  such  purpose  without  unreasonable  waste. 

Eighth.  Brush,  tops,  lops,  and  other  forest  debris  made  in  felling  and 
removing  timber  shall  be  disposed  of  in  the  manner  best  adapted  to  protecting 
the  remaining  growth,  and  as  stated  in  the  permit  granted. 

Ninth.  No  timber  cut  or  removed  under  the  provisions  of  this  Act  may  be 
transported  from  or  used  out  of  the  State  or  Territory  where  cut. 

Tenth.  Persons  who  commence  cutting  upon  permit  of  Chief  of  Field 
Division  before  final  approval  by  the  Commissioner  will  be  liable  to  the  Gov- 
ernment for  a  reasonable  stumpage  for  timber  so  taken  in  event  the  permit  is 
not  finally  approved  by  the  Commissioner  because  improperly  granted.  Where 
permits  are  secured  by  fraud,  or  immature  trees  are  taken,  or  timber  is  not 
taken  or  used  by  persons  in  accordance  with  the  terms  of  the  law,  the  Gov- 
ernment will  enforce  the  same  civil  and  criminal  liabilities  as  in  other  cases 
of  timber  trespass  upon  public  lands. 

Eleventh.  Kegisters  or  receivers  receiving  applications  under  this  Act  will 
at  once  forward  same  to  the  proper  Chief  of  Field  Division,  and  notify  the 
applicant  thereof. 

Twelfth.  Kegisters  and  receivers  are  required  to  ascertain  from  time  to 
time  whether  any  timber  is  being  cut  from  mineral  lands,  except  as  provided 
by  this  Act,  and  notify  the  Commissioner  of  the  General  Land  Office,  or  a 
special  agent  of  such  office,  who  will  make  any  investigation  required.  Special 
agents  will  also  keep  informed  of  all  timber  cutting  within  their  territory. 

Thirteenth.  These  rules  and  regulations  shall  be  in  force  from  and  after 
May  1,  1909,  and  supersede  all  prior  regulations  hereunder. 

Approved  March  16,  1909.  Fred  Dennett, 

E.  A.  Ballinger,  Commissioner. 

Secretary. 


585 

TIMBER  CUTTING. 

See  table  of  circulars,  instructions,  and  regulations  under  following  sub- 
jects. 

Timber  Cutting. 

Protection  of  Timber. 

Cutting  Mesquite. 

Exportation  of  Timber. 

Logging  Eegulations. 

Cutting  Timber  for  the  Use  of  Mining. 

' '  Until  the  homestead  entry  is  finally  perfected  the  land  belongs  to  the 
Government;  the  settler  may  use  the  timber  on  the  land  for  fencing  or  other 
needful  purposes;  a  prior  occupant  has  no  right  to  rails  or  other  timber  cut 
upon  it." 

Wesley  Procop,  2  L.  D.,  815. 

"A  settler  upon  unsurveyed  land,  with  bona  fide  intent  of  residence  and 
•  cultivation,  and  taking  the  land  under  settlement  laws,  when  surveyed,  may 
cut  and  sell  the  timber  thereon." 

John  W.  Baird,  2  L.  D.,  817. 

"A  bona  fide  settler  may  dispose  of  down  and  fallen  timber  on  his  claim 
for  improvements  and  support  while  perfecting  title." 

Mary  A.  Maxfield,  3  L.  D.,  63. 

Timber  taken  under  Act  of  March  3,  1875,  for  purposes  of  construction  only. 

Denver  &  Kio  Grande  By.  Co.,  6  L.  D.,  449. 

"Permits  will  not  be  issued  under  Section  8,  Act  of  March  3,  1891,  to  cut 
timber  from  the  unsurveyed  land  within  the  primary  limits  of  the  Northern 
Pacific  grant  in  the  absence  of  a  showing  that  the  land  is  mineral  in  char- 
acter. ' ' 

N.  P.  B.  B.  Co.,  14  L.  D.,  126.    Instructions,  18  L.  D.,  74. 

"Permits  to  place  portable  sawmills  in  the  vicinity  of  dead  and  down 
timber,  and  under  the  provisions  of  the  Act  of  June  7,  1897,  for  the  purpose  of 
manufacturing  such  timber  into  lumber,  may  be  granted,  where  the  applicant 
enters  into  a  contract  in  the  form  prescribed  by  the  regulations  of  September 
28,  1897,  and  submits  proof  as  to  the. present  unpracticability  of  marketing  the 
timber." 

Theo.  D.  Beaulieu,  26  L.  D.,  86. 

Cities  and  towns  are  "residents  of  the  State  in  which  they  are  located 
within  the  meaning  of  that  term  as  used  in  Section  8,  of  the  Act  of  March  3, 
1891,  as  amended,  conferring  upon  the  residents  of  certain  States  and  Terri- 
tories authority  to  cut  timber  upon  the  public  lands  for  agricultural,  mining, 
manufacturing,  or  domestic  purposes. 

"Timber  used  by  cities  for  constructing  electric  light  plants  and  building 
bridges,  and  by  counties  for  building  bridges  and  constructing  flumes  across 
the  county  roads  is  used  for  'domestic  purposes'  within  the  meaning  of  Section 
8  of  the  Act  of  March  3,  1891,  as  amended." 

City  and  County  of  Beaver,  34  L.  D.,  112. 

"The  authority  and  permission  to  fell  and  remove  timber  and  trees,  con- 
ferred by  the  Act  of  June  3,  1878  (20  Stat.,  88),  extends  only  to  the  public 
mineral  lands  susceptible  of  mineral  entry  alone.  The  Act  does  not,  as  to 
such  lands,  secure  to  miners  of  the  vicinity  an  exclusive  right  of  timber  pro- 
portion. If  any  given  tract  is  in  fact  mineral  in  character,  title  to  the  land, 
together  with  the  timber  thereon,  may  be  acquired  under  the  mining  laws, 
and  if  vacant  and  nonmineral  available  chiefly  for  timber  but  unfit  for  culti- 
vation, containing  no  mining  or  other  value,  may  be  purchased  under  the 
conditions  as  prescribed  by  the  Act  of  June  3,  1878  (3  Stat.,  88),  35  L.  D.,  90. 

Regulations,  37  L.  D.,  492;  39  L.  D.,  75. 

WIDOWS  AND  HEIRS  OF  HOMESTEAD  SETTLERS  AND 

ENTRYMEN. 

The  Act  of  June  6,  1912,  amended  Sec.  2291  of  the  Revised 
Statutes,  providing,  among  other  things : 

That  when  the  person  making  entry  dies  before  the  offer  of 
final  proof  is  accepted,  the  entry  must  show  that  the  entryman 
had  complied  with  the  law  in  all  respects  up  to  the  date  of  his 
death,  and  that  they  have  since  complied  with  the  law  in  all  re- 


586 

spects,  as  would  have  been  required  of  the  entryman  had  he  lived, 
excepting  that  they  are  relieved  from  any  requirement  of  residence 
upon  the  land. 

For  rights  of  widows,  heirs,  or  devisees  under  the  homestead 
laws,  see  "Suggestions  to  Homesteaders  and  Persons  Desiring  to 
Make  Homestead  Entries." 

Where  both  parties  die  leaving  infant  children  the  homestead 
may  be  sold  for  cash  for  the  benefit  of  such  children  and  the  pur- 
chaser skall  receive  title  from  the  United  States;  or  residence  and 
cultivation  may  continue  for  the  prescribed  period,  when  the  pat- 
ent will  issue  to  the  children.  Where  the  sale  of  land  is  desired  for 
the  benefit  of  minor  heirs,  application  should  be  made  to  the  Court 
having  jurisdiction  in  probate  matters,  for  an  order  of  sale.  The 
order  of  sale  and  the  sale  thereunder  should  be  certified  to  the 
Register  and  Receiver  under  seal  of  the  Court,  whereupon  Register's 
final  certificate  will  be  issued,  after  publication  of  notice  for  thirty 
days  preceding  date  to  be  fixed  by  the  Register  and  Receiver.  Copy 
of  such  published  notice  must  be  posted  in  the  land  office  during  the 
period  of  publication.  The  following  form  may  be  used: 

DEPAETMENT  OF  THE  INTERIOR 
United  States  Land  Office 

..191.. 

NOTICE  IS  HEREBY  GIVEN  that  purchaser 

from guardian  of  minor  heir  of 

,  deceased,  has  made  application  for  the  issue 

of  patent  to  him  under  Section  2292,  U.  S.  Revised  Statutes,  for 

Sec ,  T of  Range M.  P.,  containing  ....  acres, 

being  the  land  embraced  in  H.  E.  Serial  No of  the  said , 

deceased. 

All  persons  having  claims  to  the  land  adverse  to  the  said 

and  the  said  named  minor  heir  may  file  protests  against  the  issuance  of  said 
patent  in  my  office,  on  or  before  the day  of ,  1912. 


Register. 

(Sec.  2292,  Revised  Statutes,  p.  343.)  Consult  also  decisions 
under  both  sections,  as  shown  in  Table  of  Revised  Statutes  Cited 
and  Construed. 

Upon  the  death  of  a  homesteader  who  leaves  no  widow,  but 
both  adult  and  minor  heirs,  the  right  to  perfect  entry  passes  alike 
to  all  the  heirs. 

See  Bernier  vs.  Bernier,  147  U.  S.,  242. 

"The  heirs  of  a  deceased  homestead  entryman  may  delegate  to 
another  the  power  to  perform  for  their  benefit  the  cultivation  on 
the  entry  required  by  law,  and  such  cultivation,  if  actually  car- 
ried on  in  good  faith  for  the  required  period,  constitutes  compliance 
with  the  homestead  law  the  same  as  though  performed  by  the  heirs 
themselves." 

"The  right  conferred  by  law  upon  the  heirs  of  a  deceased 
homestead  entryman  to  submit  final  proof  on  the  entry  can  not  be 
delegated  to  another." 

"Where  a  homestead  claimant,  by  contract  to  convey  the  land 
embraced  in  his  entry  after  the  submission  of  final  proof,  puts 
it  beyond  his  power  to  acquire  title  under  the  entry  except  by 
perjury,  he  thereby  forfeits  his  rights,  and  upon  proof  of  such 
fact  the  entry  will  be  canceled." 


587 

"A  homestead  entryman  who  at  the  time  of  his  death  had  not 
acquired  the  legal  title  to  the  land  embraced  in  his  entry,  was 
not  at  such  time,  by  reason  of  his  claim  under  the  entry,  a  person 
'holding  real  property,'  within  the  meaning  of  article  1  of  the 
treaty  of  March  1,  1899,  between  the  United  States  and  Great 
Britain,  and  his  alien  heirs,  subjects  of  the  latter  country,  have 
therefore  no  such  claim  or  right  to  the  lands  embraced  in  the  entry 
as  is  entitled  to  protection  under  the  provisions  of  said  treaty." 

"There  is  no  provision  of  the  homestead  law  by  which  any 
rights  or  claims  to  public  lands,  prior  to  the  issuance  of  patent, 
can  be  devised  or  succeeded  to  and  perfected  by,  or  on  behalf  of, 
other  than  citizens  of  the  United  States." 

"The  heirs  of  a  deceased  homestead  entryman  who  during  his 
lifetime  failed  to  comply  with  the  law,  may  complete  the  entry  by 
either  residing  upon  or  cultivating  the  land  for  the  full  period  of 
five  years,  if  sufficient  of  the  lifetime  of  the  entry  remains  for 
that  purpose;  or  may  commute  upon  a  showing  of  residence  and 
cultivation  for  fourteen  months,  but  can  not  commute  upon  a  show- 
ing of  cultivation  alone."  (See  Three-Year  Homestead  Law.) 

"Upon  the  death  of  a  homesteader  prior  to  consummation  of 
his  claim,  his  widow,  if  there  be  one,  succeeds  under  the  homestead 
law  to  his  right  to  the  land ;  and  the  State  courts  have  no  jurisdic- 
tion to  interfere  with  or  divert  the  succession  so  fixed  by  Federal 
statute." 

WATER  EIGHTS. 

See  Mining  Claim. 

See  Sections  2339  and  2340  R.  S. 

Acquired  by  prior  appropriation  and  protected  under  Sections  2339  and 
2340.  Title  of  water  used  for  reclamation  of  desert  land  must  be  bona  fide 
appropriation.  1  L.  D.,  27;  5  L.  D.,  191;  9  L.  D.,  6. 

"An  adverse  claim  as  against  an  alleged  prior  appropriation  will  not  be 
recognized  it'  it  appears  that  undisturbed  possession  has  been  maintained  under 
such  appropriation  for  a  period  sufficient  to  establish  title."  9  L.  D.,  6. 

' '  The  Land  Department  has  authority  to  determine  questions  pertaining  to 
appropriation  for  the  reclamation  of  desert  land."  9  L.  D.,  6. 

See  Arid  Lands. 

See  Desert  Lands. 

See  Reclamation  Land. 

See  Right  of  Way,  canals,  ditches,  and  reservoir  sites. 

"Final  certificate  of  patent  will  not  issue  upon  a  desert  land  entry  within 
a  reclamation  project  until  all  the  payments  for  water  right  under  such  entry 
have  been  made  and  the  water  right  permanently  attached  to  the  land."  38 
L.  D.,  194. 

ADJUDICATION  OF  WATER  EIGHTS. 

Under  date  of  April  16,  1912,  the  Commissioner  of  the  General  Land  Office 
issued  instructions  to  the  land  offices  in  Montana,  and  said : 

"Hereafter,  in  taking  or  examining  final  proofs,  you  will,  in  every  case 
where  water  appropriation,  as  alleged,  was  made  on  or  after  March  9,  1907, 
require  the  claimant,  if  there  was,  prior  to  the  appropriation,  an  adjudication 
of  the  water  rights  in  the  stream  involved,  to  furnish  a  duly  certified  copy  of 
the  order  of  court  allowing  claimant's  appropriation.  In  every  case  of  alleged 
appropriation  on  or  after  March  9,  1907,  where  copy  of  such  order  or  decree 
is  not  filed,  on  the  ground  that  no  adjudication  has  been  had,  you  will  require 
claimant  to  furnish  a  certificate  from  the  proper  court,  stating  whether  there 
has  been  such  an  adjudication." 

While  these  instructions  were  intended  to  cover  the  water  right  situation 
in  Montana,  it  is  deemed  proper  to  give  them  here  that  their  applicability  may 
be  shown  in  States  having  a  similar  statutory  provision  concerning  'water 
appropriations. 


See  Reclamation  Lands. 
See  Desert  Entries. 


588 


WAGON  BOADS. 


"An  executive  order  of  withdrawal  made  in  aid  of  a  congressional  grant, 
where  there  is  no  statutory  prohibition  against  such  action,  rests  upon  the 
general  authority  of  the  department,  and  no  rights,  either  legal  or  equitable, 
can  be  acquired  by  either  settlement  or  equity,  in  violation  of  such  order." 
26  L.  D.,  357. 

"Mere  occupation  or  use  of  a  body  of  unsurveyed  public  land  of  indefinite 
area  without  any  intent  to  acquire  title  to  the  particular  portion  thereof  in 
controversy,  is  not  such  an  appropriation  of  that  portion  as  to  except  it,  or  the 
subdivision  of  which  it  is  a  part,  from  the  operation  of  a  wagon  road  grant." 
Watson  v.  The  Dalles  Military  Wagon  Eoad  Co.,  24  L.  D.,  202. 

See  Military  Eoads. 

See  Land  Grants,  allowing  entry  of  160  acres  on  even  sections,  Act  March 
3,  1879,  20  Stats.,  472. 

Land  Grants,  limitations  on  suits  to  annul  patents,  Act  of  March  2,  1896, 
29  Stats.,  42. 

Land  Grants,  Relief  of  Settlers  on,  Act  of  July  1,  1902,  32  Stats.,  733. 

See  Post  Roads,  Act  March  1,  1884,  23  Stats.,  32  L.  D.,  620. 

California  &  Oregon  Land  Co.,  32  L.  D.,  154;  31  L.  D.,  424. 

Eastern  Oregon  Land  Co.,  31  L.  D.,  174. 

The  grant  to  the  State  of  Oregon  by  the  Act  of  February  25,  1867,  to  aid 
in  the  construction  of  a  military  wagon  road,  was  operative  only  on  lands 
within  the  boundaries  of  that  State,  and  lands  outside  the  State,  although 
within  six  miles  of  the  road,  generally  constitute  a  valid  basis  for  indemnity. 
37  L.  D.,  694. 

WITNESSES. 

See  Rules  of  Practice,  Depositions,  Subpoenas. 

Compulsory  attendance,  32  L.  D.,  132;  39  L.  D.,  601. 

Fees  and  mileage,  36  L.  D.,  473. 
An  Act  providing  for  the  compulsory  attendance  of  witness  before  registers 

and  receivers  of  the  land  office. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  registers  and  receivers  of  the 
land  office,  or  either  of  them,  in  all  matters  requiring  a  hearing  before  them, 
are  authorized  and  empowered  to  issue  subpoenas  directing  the  attendance  of 
witnesses,  which  subpoenas  may  be  served  by  any  person  by  delivering  a  true 
copy  thereof  to  such  witness,  and  when  served  witnesses  shall  be  required  to 
attend  in  obedience  thereto:  Provided,  That  if  any  subpoena  be  served  under 
the  provisions  of  this  Act  by  any  person  other  than  an  officer  authorized  by 
the  laws  of  the  United  States,  or  of  the  State  or  Territory  in  which  the 
depositions  are  taken,  the  service  thereof  shall  be  proved  by  the  affidavit  of 
the  person  serving  the  same:  Provided  further,  That  said  subpoenas  shall  be 
served  within  the  county  in  which  attendance  is  required,  and  at  least  five  days 
before  attendance  is  required. 

Sec.  2.  That  witnesses  shall  have  the  right  to  receive  their  fee  for  one 
day's  attendance  and  mileage  in  advance.  The  fees  and  mileage  of  witnesses 
shall  be  the  same  as  that  provided  by  law  in  the  district  courts  of  the  United 
States  in  the  district  in  which  such  land  offices  are  situated;  and  the  witness 
shall  be  entitled  to  receive  his  fee  for  attendance  in  advance  from  day  to  day 
during  the  hearing. 

Sec.  3.  That  any  person  wilfully  neglecting  or  refusing  obedience  to  such 
subpoena,  or  neglecting  or  refusing  to  appear  and  testify  when  subpoenaed,  his 
fees  having  been  paid  if  demanded,  shall  be  deemed  guilty  of  a  misdemeanor, 
for  which  he  shall  be  punished  by  indictment  in  the  district  court  of  the 
United  States  or  in  the  district  courts  of  the  Territories  exercising  the  juris- 
diction of  circuit  or  district  courts  of  the  United  States.  The  punishment  for 
such  offense,  upon  conviction,  shall  be  a  fine  of  not  more  than  two  hundred 
dollars,  or  imprisonment  not  to  exceed  ninety  days,  or  both,  at  the  discretion 
of  the  court:  Provided,  That  if  such  witness  has  been  prevented  from  obeying 
such  subpoena  without  fault  upon  his  part  he  shall  not  be  punished  under  the 
provisions  of  this  act. 

Sec.  4.  That  whenever  the  witness  resides  outside  the  county  in  which 
the  hearing  occurs,  any  party  to  the  proceeding  may  take  the  testimony  of 


589 

such  witness  in  the  county  of  such  witness's  residence  in  the  form  of  deposi- 
tions by  giving  ten  days'  written  notice  of  the  time  and  place  of  taking  such 
depositions  to  the  opposite  party  or  parties.  The  depositions  may  be  taken 
before  any  United  States  commissioner,  notary  public,  judge,  or  clerk  of  a  court 
of  record.  Subpoenas  for  witnesses  before  the  officer  taking  depositions  may 
issue  from  the  office  of  the  register  or  receiver,  or  may  be  issued  by  the  officer 
taking  the  depositions,  and  disobedience  thereof,  as  defined  in  this  Act,  shall 
also  be  punished;  and  the  witness  shall  receive  the  same  fees  and  mileage  and 
be  subject  to  the  same  penalties  in  all  respects  as  in  case  of  violation  of  a 
subpoena  to  appear  before  the  register  or  receiver,  and  subject  to  the  same 
limitations.  The  fees  of  the  officer  taking  the  depositions  shall  be  the  same  as 
those  allowed  in  the  State  or  Territorial  courts,  and  shall  be  paid  by  the  party 
taking  the  deposition,  and  an  itemized  account  of  the  fees  shall  be  made  by 
the  officer  taking  the  depositions  and  attached  to  the  depositions. 

Sec.  5.  That  whenever  the  taking  of  any  depositions  taken  in  pursuance  of 
the  foregoing  provisions  of  this  Act  is  concluded  the  opposite  party  may  pro- 
ceed at  once  at  his  own  expense  to  take  depositions  in  his  own  behalf,  at  the 
same  time  and  place  and  before  the  same  officer:  Provided,  That  he  shall, 
before  taking  of  the  depositions  in  the  first  instance  is  entered  upon,  give 
notice  to  the  opposing  party,  or  any  agent  or  attorney  representing  him  in  the 
taking  of  said  depositions,  of  his  intention  to  do  so. 

Approved,  January  31,  1903  (32  Stat.,  790). 

WORDS  AND  PHRASES. 

"Conspicuous  Place  "  (Hughes  et  al.  v.  Gilbert  et  al.,  2  L.  D.,  756). 

"Children"  (W.  S.  Jackson,  2  L.  D.,  611). 

"As  soon  as  practicable"  (William  Rablin,  2  L.  D.,  764). 

"Jumping"  of  Claims,  "Jumped"  (Circular  September  29,  1893,  2  L.  D., 
337). 

"Actual  Settler"  (Samuel  M.  Frank,  2  L.  D.,  628). 

'-'Sales  of  Public  Lands"  (State  of  Kansas,  2  L.  D.,  695). 

"After,"  "Before,"  "All  right  and  title,"  "Bona  Fide  Purchaser" 
(Charlemagne  Tower,  2  L.  D.,  779). 

"Person,"  "Corporation,"  "Entry"  (North  and  South  Alabama  Ed.  Co., 
2  L.  D.,  681). 

"Disposal,"  "Entry"  (Arant  v.  State  of  Oregon,  2  L.  D.,  641). 

"Half,"  "and,"  "or"  (Indian  Allotments,  Act  February  8,  1887,  In- 
struction, 5  L.  D.,  521). 

"Homestead  Laws"  (Kelly  v.  Maynard,  5  L.  D.,  591). 

"All  lands  not  locally  inapplicable  shall  have  the  same  force  and  effect 
within  that  State  as  in  the  other  States  of  the  Union"  (State  of  Kansas  v. 
U.  S.,  5  L.  D.,  712). 

"Reasonably"  (Pearsall  &  Freeman,  6  L.  D.,  227). 

"Shall  be  disposed  of  to  actual  settlers  under  the  Homestead  Law"  (Indian 
Allotments  Old  Columbia  Reservation  Act  of  July  4,  1884,  and  February  8, 
1887,  Circular  July  22,  1887,  43). 

"Confirmed  by  Congress"  (Jean  Pierre  Clothier,  6  L.  D.,  447). 

"Public  Lands,"  "Another"  (Falconer  v.  Hunt  et  al.,  6  L.  D.,  512). 

"Actual  and  Bonafide,"  "The  Secretary  of  the  Interior  shall  make  all 
rules  and  regulations  necessary  to  carry  into  effect  the  provisions  of  this  Act" 
(Chitwood  v.  Hickok,  7  L.  D.,  277). 

"Adjacent  to  line  of  railroad"  (Oregon  and  Washington  Ty.  Rd.  Co.,  7 
L.  D.,  541). 

"Show,"  also  "One  or  more  of  the  witnesses  is  absent  without  the  con- 
sent or  procurement";  "The  exercise  of  proper  diligence  to  procure  the  attend- 
ance of  the  absent  witnesses"  (Smith  v.  Smart,  7  L.  D.,  63). 

"Actual  Settler"  (U.  S.  et  al.  v.  Atterbery  et  al.,  8  L.  D.,  173). 

"Bonafide  Residence"  (J.  H.  Thompson,  10  L.  D.,  34). 

"Had  the  benefit  of  said  law"  (Jas.  W.  Berry,  10  L.  D.,  634). 

"Public  Lands"  (Frank  Burns,  10  L.  D.,  365). 

"Day,"  "Business  day"  (15  L.  D.,  302). 

"Bonafide,"  "Actual  settlers  in  good  faith"  (Bene  v.  Prendergast,  17 
L.  D.,  385). 

"Actual  Settlers  in  Good  Faith"  and  also  "possession,"  also  "Bonafide 
intent  to  secure  title  to  the  land  by  purchase  from  the  State  or  corporation 
when  earned."  Also  "Actually  residing,"  also  the  phrase  "May  have  settled 
said  land"  (Pawnee  Indian  Lands,  Instructions  October  23,  1893,  17  L.  D1.,  490), 


590 

"Land  District"  (18  L.  D.,  601). 

"Citizens"  (19  L.  D.,  141). 

"Head  of  a  family"  (Nix  v.  Simon,  19  L.  D.,  85). 

"Civil  Death"  (Nix  v.  Simon,  19  L.  D.,  85). 

"Beserved  from  sale  by  any  law  of  Congress"  (Campbell  v.  Jackson,  19 
L.  D.,  277). 

"Enter";  "Three  years  after  filing  said  declaration,"  "Declaration" 
(Fred  W.  Kimball,  20  L.*D.,  67). 

"Casualty"  (John  Reilly,  20  L.  D.,  21). 

"Enter";  "Homestead  Laws"  (Quinn  v.  Taby,  20  L.  D.,  528). 

"Fee  simple  title";  also  "But  a  limited  and  conditional  title  only" 
(Perry  v.  Krotz,  21  L.  D.,-503). 

' '  Could  not  be  heard  to  charge  his  landlord  with  abandonment  of  the 
land";  "That  is  all  right,  let  the  Government  settle  it,"  "Bonafide"  (Marsh 
v.  Huges,  22  L.  D.,  581). 

"Adverse  Claim";  and  also  "valid"  (Jared  Martin  et  al.,  23  L.  D.,  582). 

"Public  lands  adjacent  thereto"  (24  L.  D.,  588). 

"Subject  to  entry  by  the  first  legal  applicant"  (Hastings  &  N.  D.  Ed. 
Co.  v.  Arnold,  26  L.  D.,  538). 

"Occupant"  and  also  "Use  and  Possession"  (Frank  Johnson,  28  L.  D., 
537). 

"Bonafide  Settlers"  (29  L.  D.,  501). 

"By  their  legal  subdivisions  of  40  acres "  (29  L.  D.,  501).  Instruction, 
February  15,  1900. 

"Lost  or  otherwise"  (John  W.  Spain,  21  L.  D.,  362). 

"Permits  for  Eight  of  Pasturage"  (Territory  New  Mexico,  34  L.  D.,  143). 

"In  a  nature  of  an  easement";  "list"  (34  L.  D.,  288). 

"Compact";  also  "Shall  as  nearly  compact  in  form  as  possible,  and  in 
no  event  over  two  miles  in  extreme  length"  (Ealph  Wertz  et  al.,  35  L.  D.,  585). 

"Own  and  occupy"  (Libolt  v.  Snider,  35  L.  D.,  430). 

"Public  Land  Laws"  (Edwin  J.  Miller,  35  L.  D.,  411). 

"A  preference  right  of  entry";  also  "Under  the  preceding  section"; 
"The  right  to  enter  by  legal  subdivision";  also  "Upon  payment  to  the  Re- 
ceiver"; "Exclusive"  (Charles  S.  Morrison,  36  L.  D.,  127). 

"Foreigner";  "Alien"  (36  L.  D.,  195). 

"Public  Lands"  (36  L.  D.,  345). 

"Entry"  (36  L.  D.,  279). 

"Actual  Settlers"  (State  of  Oregon,  36  L.  D.,  509). 

"Lawful  Filing"  (State  of  Washington,  37  L.  D.,  2). 

"Extraordinary  emergency"   (37  L.  D.,  32)    (Opinion). 

"Gravel"  (Zimmerman  v.  Brunson  (38  L.  D.,  313). 

"Agricultural  Lands"  (Northern  Pacific  Ry.  Co.,  38  L.  D.,  314). 

"Own  and  Occupy"  (Kincaid  Act)    (Dibolt  v.  Coen,  38  L.  D.,  16). 

"Permanent  Forest  Eeserve"  (Act  June  11,  1906  (Opinion),  38  L.  D.,  411). 

"Temporary  Forest  Eeserve"  (Act  June  11,  1906  (Opinion),  38  L.  D.,  414). 

"Eesident"  (Act  June  3,  1878,  Centerville  Mining  &  Milling  Co.,  38 
L.  D.,  80). 

"Actual  Residence"  (Act  of  August  15,  1894,  Adams  v.  Coates,  39  L.  D., 
179). 

"Citizen,"  "Person"  (Act  of  March  3,  1887,  39  L.  !>.,  245). 

"Claimant"  (39  L.  D.,  31). 

"Honorably  discharged,"  within  meaning  of  Section  2304  R.  S.  (39  L.  D., 
164). 

"Legal  Eepresentation";  "Mortgagee,"  within  meaning  of  Act  of  March 
26,  1908  (Alexander  Eraser,  39  L.  D.,  151). 

"Person"  in  the  Act  of  March  3,  1909,  includes  "State,"  "Selection" 
(State  of  Mont.,  39  L.  D.,  247). 

"Proprietor"  within  the  meaning  of  Section  2289,  Eevised  Statutes  (Gal- 
lant v.  Cole,  39  L.  D.,  153);  (Reiber  v.  Stauffacher,  39  L.  D.,  201). 

SETTLERS  ON  RESTORED  RAILROAD  LANDS. 

An  Act  for  the  relief  of  certain  settlers  on  restored  railroad  lands. 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  all  persons  who  shall  have 
settled  and  made  valuable  and  permanent  improvements  upon  any  odd-numbered 
section  of  land  within  any  railroad  withdrawal  in  good  faith  and  with  the 
permission  and  license  of  the  railroad  company,  for  whose  benefit  the  same 


591 

shall  have  been  made,  and  with  the  expectation  of  purchasing  of  such  company 
the  land  so  settled  upon,  which  land  so  settled  upon  and  improved  may,  for  any 
cause,  be  restored  to  the  public  domain,  and  who,  at  the  time  of  such  restora- 
tion, may  not  be  entitled  to  enter  and  acquire  title  to  such  land  under  the 
preemption,  homestead  or  timber  culture  acts  of  the  United  States,  shall  be 
permitted  at  any  time  within  three  months  after  such  restoration,  and  under 
such  rules  and  regulations  as  the  Commissioner  of  the  General  Land  Office  may 
prescribe  to  purchase,  not  to  exceed  one  hundred  and  sixty  acres  in  extent  of 
the  same  legal  subdivisions,  at  the  price  of  two  dollars  and  fifty  cents  an  acre, 
and  to  receive  patents  therefor. 

Approved,  January  13,  1881  (21  Stat.,  315). 

CLIMATIC  HINDRANCES. 

An  Act  to  amend  Section  2297  of  the  Revised  Statutes,  relating  to  homestead 

settlers. 
See  Three-year  homestead  law  as  amended  Act  June  6,  1912,  p.  480. 

REIMBURSEMENT  FOR  FAILURE  OF  TITLE  IN  NEBRASKA  AND 

KANSAS. 

An  Act  for  the  relief  of  settlers  and  purchasers  of  lands  on  the  public  domain 
in  the  States  of  Nebraska  and  Kansas. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  for  the  purpose  of  reimbursing 
persons,  and  the  grantees,  heirs  and  devisees  of  persons,  who  under  the  home- 
stead, preemption,  or  other  laws,  settled  upon  or  purchased  lands  within  the 
grant  made  by  an  Act  entitled  "An  Act  for  a  grant  of  lands  to  the  State  of 
Kansas  to  aid  in  the  construction  of  the  Northern  Kansas  Railroad  and  Tele- 
graph," approved  July  twenty-third,  eighteen  hundred  and  sixty-six,  and  to 
whom  patents  have  been  issued  therefor,  but  against  which,  persons,  or  their 
grantees,  heirs  or  devisees,  decrees  have  been  or  may  hereafter  be  rendered 
by  the  United  States  circuit  courts  on  account  of  the  priority  of  said  grant 
made  in  the  Act  above  entitled,  the  sum  of  two  hundred  and  fifty  thousand 
dollars,  or  so  much  thereof  as  shall  be  required  for  said  purpose,  is  hereby 
appropriated:  Provided,  however,  That  no  part  of  said  sum  shall  be  paid 
to  any  one  of  said  parties  until  after  he  shall  have  filed  with  the  Secretary 
of  the  Interior  a  copy  of  the  said  decree,  duly  certified,  and  also  a  certificate 
of  the  judge  of  said  court  rendering  the  same  to  the  effect  that  such  a  decree 
was  rendered  in  a  bona  fide  controversy  between  a  plaintiff  showing  title 
under  the  grant  made  in  said  Act,  and  defendant  holding  the  patent  or  holding 
by  deed  under  the  patentee,  and  that  the  decision  was  in  favor  of  the  plaintiff 
on  the  ground  of  the  priority  of  the  grant  made  by  said  Act  to  the  filing, 
settlement  or  purchase  by  the  defendant  or  his  grantor;  and  said  claimant 
shall  also  file  with  the  said  decree  and  certificate  a  bill  of  the  costs  in  such 
case,  duly  certified  by  the  judge  and  clerk  in  said  court.  Thereupon  it  shall 
be  the  duty  of  the  Secretary  of  the  Interior  to  adjust  the  amount  due  to  each 
defendant  on  the  basis  of  what  he  shall  have  paid,  not  exceeding  three  dollars 
and  fifty  cents  per  acre  for  the  tract,  his  title  to  which  shall  have  failed  as 
aforesaid,  and  the  costs  appearing  by  the  bill  thereof  so  certified  as  herein- 
before provided.  He  shall  then  make  a  requisition  upon  the  Treasury  for 
the  sum  found  to  be  due  to  such  claimant,  or  his  heirs,  and  devisees  or  assigns, 
and  shall  pay  the  same  to  him,  taking  such  release,  acquittance  or  discharge 
as  shall  forever  bar  any  claim  against  the  United  States  on  account  of  the 
failure  of  the  title  as  aforesaid:  Provided  further,  That  when  any  person, 
his  grantees,  heirs,  assigns  or  devisees,  shall  prove  to  the  satisfaction  of  the 
Secretary  of  the  Interior  that  his  case  is  like  the  case  of  those  described  in 
the  preceding  portions  of  this  Act,  except  that  he  has  not  been  sued  and  sub- 
jected to  judgment  as  hereinbefore  provided,  and  that  he  has  in  good  faith 
paid  to  the  person  holding  the  prior  title  by  the  grant  herein  referred  to  the 
price  demanded  of  him,  without  litigation,  such  Secretary  shall  pay  to  such 
person  such  sum  as  he  has  so  paid,  not  exceeding  three  dollars  and  fifty  cents 
per  acre,  taking  his  release  therefor  as  hereinbefore  provided. 

Sec.  2.  That  the  provisions  of  this  Act  shall  only  apply  to  the  actual  and 
bona  fide  settlers  on  the  lands  herein  referred  to,  his  or  their  heirs,  assigns, 
or  legal  representatives,  and  no  one  person  shall  be  entitled  to  the  benefits  of 
this  Act  for  compensation  for  more  than  one  hundred  and  sixty  acres  of  land: 
Provided,  That  all  other  persons  who  purchased  any  part  of  said  land  at  one 


592 

dollar  and  twenty-five  cents  per  acre,  and  the  money  was  actually  paid  into 
the  Treasury,  such  person,  his  heirs,  assigns,  or  legal  representatives,  shall  be 
entitled  to  repayment  of  the  money  so  actually  paid  by  them. 
Approved,  March  3,  1887.     (24  Stat.,  550.)" 

ADJUSTMENT  OF  RAILROAD   LAND   GRANTS. 

An  Act  to  provide  for  the  adjustment  of  land  grants  made  by  Congress  to 
aid  in  the  construction  of  railroads,  and  the  forfeiture  of  unearned  lands, 
and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  of  the  Interior 
be,  and  is  hereby,  authorized  and  directed  to  immediately  adjust,  in  accordance 
with  the  decisions  of  the  Supreme  Court,  each  of  the  Railroad  Land  Grants 
made  by  Congress  to  aid  in  the  construction  of  railroads  and  heretofore 
adjusted. 

Sec.  2.  That  if  it  shall  appear,  upon  the  completion  of  such  adjustments 
respectfully  (respectively),  or  sooner,  that  lands  have  been  from  any  cause 
heretofore  erroneously  certified  or  patented  by  the  United  States  to  or  for 
the  use  or  benefit  of  any  company  claiming  by,  through,  or  under  grant  from 
the  United  States,  to  aid  in  the  construction  of  a  railroad,  it  shall  be  the  duty 
of  the  Secretary  of  the  Interior  to  thereupon  demand  from  such  company  a 
relinquishment  or  reconveyance  to  the  United  States  of  all  such  lands,  whether 
within  granted  or  indemnity  limits,  and  if  such  company  shall  neglect  or 
fail  to  so  reconvey  such  lands  to  the  United  States  within  ninety  days  after 
the  aforesaid  demand  shall  have  been  made,  it  shall  thereupon  be  the  duty 
of  the  Attorney-General  to  commence  and  prosecute  in  the  proper  courts  the 
necessary  proceedings  to  cancel  all  patents,  certification,  or  other  evidence  of 
title  heretofore  issued  for  such  lands,  and  to  restore  the  title  thereof  to  the 
United  States. 

Sec.  3.  That  if  in  the  adjustment  of  said  grants,  it  shall  appear  that 
the  homestead  or  preemption  entry  of  any  bona  fide  settler  has  been  erroneously 
canceled  on  account  of  any  railroad  grant  or  the  withdrawal  of  public  lands 
from  market,  such  settler  upon  application  shall  be  reinstated  in  all  his  rights 
and  allowed  to  perfect  his  entry  by  complying  with  the  public  land  laws: 
Provided,  That  he  has  not  located  another  claim  or  made  an  entry  in  lieu  of 
the  one  so  erroneously  canceled:  And  provided  also,  That  he  did  not  voluntarily 
abandon  said  original  entry.  And  provided  further,  That  if  any  of  said 
settlers  do  not  renew  their  application  to  be  reinstated  within  a  reasonable 
time,  to  be  fixed  by  the  Secretary  of  the  Interior,  then  all  such  unclaimed 
lands  shall  be  disposed  of  under  the  public  land  laws,  with  priority  of  right 
given  to  bona  fide  purchasers  of  said  unclaimed  lands,  if  any,  and  if  there 
be  no  such  purchasers,  then  to  bona  fide  settlers  residing  thereon. 

Sec.  4.  That  as.  to  all  lands,  except  those  mentioned  in  the  foregoing 
section,  which  have  been  so  erroneously  certified  or  patented  as  aforesaid,  and 
which  have  been  sold  by  the  grantee  company  to  citizens  of  the  United  States, 
or  to  persons  who  have  declared  their  intention  to  become  such  citizens,  the 
person  or  persons  so  purchasing  in  good  faith,  his  heirs  or  assigns,  shall  be 
entitled  to  the  lands  so  purchased,  upon  making  proof  of  the  fact  of  such 
purchase  at  the  proper  land  office,  within  such  time  and  under  such  rules  as 
may  be  prescribed  by  the  Secretary  of  the  Interior,  after  the  grants  re- 
spectively shall  have  been  adjusted;  and  patents  of  the  United  States  shall 
issue  therefor,  and  shall  relate  back  to  the  date  of  the  original  certification 
or  patenting,  and  the  Secretary  of  the  Interior  on  behalf  of  the  United 
States  shall  demand  payment  of  the  company  which  has  so  disposed  of  such 
lands  of  an  amount  equal  to  the  Government  price  of  similar  lands;  and  in 
case  of  neglect  or  refusal  of  such  company  to  make  payment  as  hereafter 
specified,  within  ninety  days  after  the  demand  shall  have  been  made,  the 
Attorney-General  shall  cause  suit  or  suits  to  be  brought  against  such  company 
for  the  said  amount:  Provided,  That  nothing  in  this  Act  shall  prevent  any 
purchaser  of  lands  erroneously  withdrawn,  certified  or  patented  as  aforesaid 
from  recovering  the  purchase  money  therefor  from  the  grantee  company,  less 
the  amount  paid  to  the  United  States  by  such  company  as  by  this  Act 
required:  And  provided,  That  a  mortgage  or  pledge  of  such  lands  by  the 
company  shall  not  be  considered  as  a  sale  for  the  purpose  of  this  Act,  nor 
shall  this  Act  be  construed  as  a  declaration  of  forfeiture  of  any  portion 
of  any  land  grant  for  conditions  broken,  or  as  authorizing  an  entry  for  the 


593 

same,  or  as  a  waiver  of  any  rights  that  the  United  States  may  hare  on  account 
of  any  breach  of  said  conditions. 

Sec.  5.  That  where  any  said  company  shall  have  sold  to  citizens  of  the 
United  States,  or  to  persons  who  have  declared  their  intention  of  becoming 
such  citizens,  as  a  part  of  its  grant,  lands  not  conveyed  to  or  for  the  use  of 
such  company,  said  lands  being  the  numbered  sections,  prescribed  in  the 
grant,  and  being  coterminous  with  the  constructed  parts  of  said  road  and 
where  the  lands  so  sold  are  for  any  reason  excepted  from  the  operation  of  the 
grant  to  said  company,  it  shall  be  lawful  for  the  bona  fide  purchaser  thereof 
from  said  company  to  make  payment  to  the  United  States  for  said  lands  at  the 
ordinary  Government  price  for  like  lands,  and  thereupon  patents  shall  issue 
therefor  to  the  said  bona  fide  purchaser,  his  heirs  or  assigns:  Provided,  That 
all  lands  shall  be  excepted  from  the  provisions  of  this  section  which  at  the 
date  of  such  sales  were  in  the  bona  fide  occupation  of  adverse  claimants 
under  the  preemption  or  homestead  laws  of  the  United  States,  and  whose 
claims  and  occupation  have  not  since  been  voluntarily  abandoned,  as  to 
which  excepted  lands  the  said  preemption  and  homestead  claimants  shall  be 
permitted  to  perfect  their  proofs  and  entries  ajid  receive  patents  therefor: 
Provided  further,  That  this  section  shall  not  ap;-ly  to  lands  setled  upon  sub- 
sequent to  the  first  day  of  December,  eighteen  hundred  and  eighty-two,  by 
persons  claiming  to  enter  the  same  tinder  the  settlement  laws  of  the  United 
States,  as  to  which  lands  the  parties  claiming  the  same  as  aforesaid  shall  be 
entitled  to  prove  up  and  enter  as  in  other  like  cases. 

Sec.  6.  That  where  any  such  lands  have  been  sold  and  conveyed,  as  the 
property  of  any  railroad  company,  for  the  State  and  county  taxes  thereon, 
and  the  grant  to  such  company  has  been  thereafter  forfeited,  the  purchaser 
thereof  shall  have  the  prior  right,  which  shall  continue  for  one  year  from 
the  approval  of  this  Act,  and  no  longer,  to  purchase  such  lands  from  the 
United  States  at  the  Government  price,  and  patents  for  such  lands  shall 
thereupon  issue:  Provided,  That  said  lands  were  not,  previous  to  or  at  the 
time  of  the  taking  effect  of  such  grant,  in  the  possession  of  or  subject  to  the 
right  of  any  actual  settler. 

Sec.  7.  That  no  more  lands  shall  be  certified  or  conveyed  to  any  State 
or  to  any  Corporation  or  individual,  for  the  benefit  of  either  of  the  com- 
panies herein  mentioned,  where  it  shall  appear  to  the  Secretary  of  the  Interior 
that  such  transfers  may  create  an  excess  over  the  quantity  of  lands  to  which 
said  State,  Corporation  or  individual  would  be  rightfully  entitled. 

Approved,  March  3,  1887   (24  Stat.,  556). 

Note — See  Regulations  June  15,  1901,  30  L.  D.,  620,  also  circular  February 
14,  1899,  Act  July  1,  1898,  page  170. 

ENTRIES  FOR  BUILDING  STONE— EXTENSION  OF  ACT  OF  JUNE  3, 1878. 

An  Act  to  authorize  the  entry  of  lands  chiefly  valuable  for  building  stone 
under  the  placer  mining  laws. 

Be  it  enacted  by  the  Senate  and  HCuse  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  any  person  authorized  to  enter 
lands  under  the  mining  laws  of  the  United  States  may  enter  lands  that  are 
chiefly  valuable  for  building  stone  under  the  provisions  of  the  law  in  relation 
to  placer  mineral  claims:  Provided,  That  lands  reserved  for  the  benefit  of  the 
public  schools  or  donated  to  anv  State  shall  not  be  subject  to  entry  under 
this  Act. 

Sec.  2.  That  an  Act  entitled  "An  Act  for  the  sale  of  timber  lands  in 
the  States  of  California,  Oregon,  Nevada  and  Washington  Territory"  approved 
June  third,  eighteen  hundred  and  seventy-eight,  be,  and  the  same  is  hereby, 
amended  by  striking  out  the  words  "States  of  California,  Oregon,  Nevada, 
and  Washington  Territory"  where  the  same  occur  in  fche  second  and  third 
fines  of  said  Act,  and  insert  in  lieu  thereof  the  words  "Public-land  States," 
the  purpose  of  this  Act  being  to  make  said  Act  of  June  third,  eighteen  hundred 
and  seventy-eight,  applicable  to  all  the  public-land  States. 

Sec.  3.  That  nothing  in  this  Act  shall  be  construed  to  repeal  section 
twenty-four  of  the  Act  entitled  "An  Act  to  repeal  timber-culture  laws  and 
for  other  purposes,"  approved  March  third,  eighteen  hundred  and  ninety-one. 

Approved,  August  4,  1892.     (27  Stat.,  348.) 


594 

SURVEY  OF  PUBLIC  LANDS  AT  BEQUEST  OF  PEESONS  OR  ASSOCIA- 
TIONS   OF   PEESONS— SPECIAL   DEPOSITS   THEEEFOE. 

An   Act   to    amend    sections    twenty-four    hundred    and    one    and   twenty-four 
hundred  and  three  of  the  Revised  Statutes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  section  twenty-four  hundred 
and  one  of  the  Revised  Statutes  of  the  United  States  is  hereby  amended  so 
as  to  read  as  follows: 

"Sec.  2401.  When  the  settlers  in  any  township,  not  mineral  or  reserved 
by  the  Government,  or  persons  and  associations  lawfully  possessed  of  coal 
lands  and  otherwise  qualified  to  make  entry  thereof,  or  when  the  owners  or 
grantees  of  public  lands  of  the  United  States,  under  any  law  thereof,  desire 
a  survey  made  of  the  same  under  the  authority  of  the  Surveyor-General  and 
shall  file  an  application  therefor  in  writing,  and  shall  deposit  in  a  proper 
United  States  depository  to  the  credit  of  the  United  States  a  sum  sufficient 
to  pay  for  such  survey,  together  with  all  expenditures  incident  thereto,  without 
cost  or  claim  for  indemnity  on  the  United  States,  it  shall  be  lawful  for  the 
Surveyor-General,  under  such  instructions  as  may  be  given  him  by  the  Com- 
missioner of  the  General  Land  Office,  and  in  accordance  with  law  to  survey 
such  township  or  such  public  lands  owned  by  said  grantees  of  the  Govern- 
ment and  make  return  therefor  to  the  general  and  proper  local  land  office: 
Provided,  That  no  application  shall  be  granted  unless  the  township  so  proposed 
to  be  surveyed  is  within  the  range  of  the  regular  progress  of  the  public 
surveys  embraced  by  existing  standard  lines  or  basis  for  township  and  sub- 
divisional  surveys. 

Sec.  2.  That  section  twenty-four  hundred  and  three  of  the  Revised 
Statutes  of  the  United  States  as  heretofore  amended  is  hereby  amended  so 
as  to  read  as  follows: 

"Sec.  2403.  Where  settlers  or  owners  or  grantees  of  public  lands  make 
deposits  in  accordance  with  the  provisions  of  section  twenty-four  hundred  and 
one,  as  hereby  amended,  certificates  shall  be  issued  for  such  deposits  which 
may  be  used  by  settlers  in  part  payment  for  the  lands  settled  upon  by  them, 
the  survey  of  which  is  paid  for  out  of  such  deposits,  or  said  certificates  may 
be  assigned  by  indorsement  and  may  be  received  by  the  Government  in  pay- 
ment for  any  public  lands  of  the  United  States  in  the  States  where  the  surveys 
were  made,  entered  or  to  be  entered  under  the  laws  thereof." 

Sec.  3.  That  all  laws  and  parts  of  laws  inconsistent  with  this  Act  be, 
and  the  same  are  hereby,  repealed. 

Received  by  the  President,  August  8,  1894. 

(Note  by  the  Department  of  State. — The  foregoing  Act  having  been  pre- 
sented to  the  President  of  the  United  States  for  his  approval  and  not  having 
been  returned  by  him  to  the  house  of  Congress  in  which  it  originated  within 
the  time  prescribed  by  the  Constitution  of  the  United  States,  has  become  a 
law  without  his  approval.) 

August  20,  1894.     (28  Stat.,  423.), 

REVISED   STATUTES   OF   THE  UNITED   STATES. 
The  Secretary  of  the  Interior. 

Duties  of  Secretary.— 3  Mar.,  1849,  C.  108,  ss.  3,  5,  6,  7,  8,  9,  v.  9,  p.  395. 
8  July  1870,  c.  230,  s.  1,  v.  16,  p.  198.  5  Feb.  1859,  c.  22.  s.  1,  v.  11,  p.  379. 
'20  July,  1868,  c.  176,  s.  1,  v.  15,  pp.  92,  106.  Maguire  v.  Tyler,  1  Bl.,  95. 

Sec.  441.  The  Secretary  of  the  Interior  is  charged  with  the  supervision 
of  public  business  relating  to  the  following  subjects: 

First.     The  Census;  when  directed  by  law. 

Second.     The  public  lands,  including  mines. 

Third.     The  Indians. 

Fourth.     Pensions  and  bounty  lands. 

Fifth.     Patents  for  inventions. 

Sixth.     The   custody  and  distribution  of  publications. 

Seventh.     Education. 

Eighth.     Government  Hospital  for  the  Insane. 

Ninth.     Columbia  Asylum  for  the  Deaf  and  Dumb. 

Commissioner  of  the  General  Land  Office. 

Duties  of  Commissioner. — 25  Apr.,  1812.  c.  68  s.  1,  v.  2.  p.  716.  4  July, 
1836,  c.  352,  s.  1,  v.  5.  p.  107. 


595 

Sec.  453.  The  Commissioner  of  the  General  Land  Office  shall  perform, 
under  the  direction  of  the  Secretary  of  the  Interior,  all  executive  duties 
appertaining  to  the  surveying  and  sale  of  the  public  lands,  of  the  United 
States,  or  in  any  wise  respecting  such  public  lands,  and,  also,  such  as  relate 
to  private  claims  of  land,  and  the  issuing  of  patents  for  all  Agents  (grants) 
of  land  under  the  authority  of  the  Government. 

Exemplifications  of  Patents,  Records,  Books  or  Papers. 

Sec.  461  of  the  Eevised  Statutes  was  amended  by  the  Act  of  April  2, 
1888  (25  Stat,  76),  to  read  as  follows: 

"Sec.  461.  All  exemplifications  of  patents  or  papers  on  file  or  of  record 
in  the  General  Land  Office  which  may  be  required  by  parties  interested  shall 
be  furnished  by  the  Commissioner  upon  the  payment  by  such  parties  at  the 
rate  of  fifteen  cents  per  hundred  words,  and  thirty  cents  each  for  photo- 
lithographed  copies  of  township  plats  or  diagrams,  unverified,  not  to  exceed 
ten  copies  to  any  one  person,  and  twenty-five  cents  each  for  all  copies  in 
excess  of  ten,  with  an  additional  sum  of  one  dollar  for  the  Commissioner's 
certificate  of  verification,  with  the  General  Land  Office  seal;  and  one  of  the 
employees  of  the  office  shall  be  designated  by  the  Commissioner  as  the  Re- 
ceiving Clerk,  and  the  amount  so  received  shall,  under  the  direction  of  the 
Commissioner,  be  paid  into  the  Treasury;  but  fees  shall  not  be  demanded 
for  such  authentic  copies  as  may  be  required  by  the  officers  of  any  branch 
of  the  Government,  nor  for  such  unverified  copies  as  the  Commissioner,  in  his 
discretion,  may  deem  proper  to  furnish." 

Sec.  891.  Copies  of  any  records,  books  or  papers  in  the  General  Land 
Office,  authenticated  by  the  seal  and  certified  by  the  Commissioner  thereof 
or,  when  his  office  is  vacant,  by  the  principal  clerk,  shall  be  evidence  equally 
with  the  original  thereof.  And  literal  exemplifications  of  any  such  records 
shall  be  held,  when  so  introduced  in  evidence,  to  be  of  the  same  validity  as 
if  the  names  of  the  officers  signing  and  countersigning  the  same  had  been 
fully  inserted  in  such  record. 

(See   Sees.  461,   2469   and  2470.) 

New  Orleans  Pacific  Railway  Company  May  Relinquish  Lands  in  Favor  of 
Settlers,  and  Make  Selections  in  Lieu  Thereof. 

Chap.  98. — An  Act  for  the  relief  of  settlers  upon  lands  within  the  indemnity 
limits  of  the  grant  to  the  New  Orleans  Pacific  Eailway  Company. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  authority  be,  and  is  hereby, 
given  the  New  Orleans  Pacific  Railroad  to  relinquish  any  lands  within  the 
indemnity  limits  of  its  grant,  which  by  decision  of  the  Land  Department  of 
the  Government  has  been  awarded  it,  in  favor  of  any  settler  entitled  to  the 
right  of  entry  under  the  laws  of  the  United  States  who  has  been  allowed  to 
make  entry  thereof,  or  who  has  resided  upon  and  improved  the  same  for  five 
years,  and  to  select  in  lieu  thereof  an  equal  quantity  of  other  lands,  from  any 
of  the  public  lands  not  mineral,  and  within  the  limits  of  its  grant  and  not 
otherwise  apportionated  at  the  date  of  selection,  to  which  it  shall  receive 
title  the  same  as  though  originally  granted. 

Approved,  April  14,  1896.      (29  Stat.,  91.) 

Confirmation  of  Certain  Homestead  Entries,  Prematurely  Commuted,  etc. 

Chap.  312. — An  Act  relating  to  commutations  of  homestead  entries,  and  to 
confirm  such  entries  when  commutation  proofs  were  received  by  local  land 
officers  prematurely. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  whenever  it  shall  appear  to 
the  Commissioner  of  the  General  Land  Office  that  an  error  has  heretofore 
been  made  by  the  officers  of  any  local  land  office  in  receiving  premature  com- 
mutation proofs  under  the  homestead  laws,  and  that  there  was  no  fraud 
practiced  by  the  entryman  in  making  such  proofs,  and  final  payment  has  been 
made  and  a  final  certificate  of  entry  has  been  issued  to  the  entryman  and 
that  there  are  no  adverse  claimants  to  the  land  described  in  the  certificates  of 
entry  whose  rights  originated  prior  to  making  such  final  proofs,  and  that  no 
other  reason  why  the  title  should  not  vest  in  the  entryman  exists  except  that 
the  commutation  was  made  less  than  fourteen  months  from  the  date  of  the 


596 

homestead  settlement,  and  that  there  was  at  least  six  months'  actual  residence 
in  good  faith  by  the  homestead  entryman  on  the  land  prior  to  such  commuta- 
tion, such  certificates  of  entry  shall  be  in  all  things  confirmed  to  the  entryman, 
his  heirs  and  legal  representatives,  as  of  the  date  of  such  final  certificate  of 
entry,  and  a  patent  issued  thereon,  and  the  title  so  patented  shall  inure  to  the 
benefit  of  any  grantee  or  transferee  in  good  faith  of  such  entryman  subse- 
quent to  the  date  of  such  final  certificate:  Provided,  That  this  Act  shall  not 
apply  to  commutation  and  homestead  entries  on  which  final  certificates  have 
been  issued,  and  which  have  heretofore  been  canceled  when  the  lands  made 
vacant  by  such  cancellation  have  been  reentered  under  the  homestead  Act. 

Sec.  2.  That  all  commutations  of  homestead  entries  shall  be  allowed 
after  the  expiration  of  fourteen  months  from  date  of  settlement. 

Sec.  3.  That  all  Acts  and  parts  of  Acts  in  conflict  with  any  of  the 
provisions  of  this  Act  are  hereby  repealed. 

Sec.  4.  That  this  Act  shall  take  effect  and  be  in  force  from  and  after 
its  passage  and  approval. 

Approved  June  3,  1896.     (29,  Stat.,  197.) 

Confirmations  by  the  Seventh  Section  of  the  Act  of  March  3,  1891. 

The  seventh  section  of  the  Act  entitled  "An  Act  to  repeal  timber-culture 
laws,  and  for  other  purposes,"  approved  March  3,  1891  (26  Stat.  L.,  1095), 
reads  as  follows,  viz: 

"That  whenever  it  shall  appear  to  the  Commissioner  of  the  General  Land 
Office  that  a  clerical  error  has  been  committed  in  the  entry  of  the  public 
lands  such  entry  may  be  suspended  upon  proper  notification  to  the  claimant 
through  the  local  land  office  until  the  error  has  been  corrected;  and  all  entries 
made  under  the  preemption,  homestead,  desert-land,  or  timber-culture  laws, 
in  which  final  proof  and  payment  may  have  been  made  and  certificates  issued, 
and  to  which  there  are  no  adverse  claims  originating  prior  to  final  entry  and 
which  have  been  sold  or  incumbered  prior  to  the  first  day  of  March,  eighteen 
hundred  and  eighty-eight,  and  after  final  entry  of  bona  fide  purchasers,  or 
incumbrances,  for  a  valuable  consideration,  shall,  unless  upon  an  investigation 
by  a  Government  agent,  fraud  on  the  part  of  the  purchaser  has  been  found, 
be  confirmed  and  patented  upon  presentation  of  satisfactory  proof  to  the  land 
department  of  such  sale  or  incumbrance:  Provided,  That  after  the  lapse  of 
two  years  from  the  date  of  the  issuance  of  the  Eeceiver's  receipt  upon  the 
final  entry  of  any  tract  of  land  under  the  homestead,  timber-culture  desert- 
land,  or  preemption  laws,  or  under  this  Act,  and  when  there  shall  be  no  pending 
contest  or  protest  against  the  validity  of  such  entry,  the  entryman  shall  be 
entitled  to  a  patent  conveying  the  land  by  him  entered,  and  the  same  shall 
be  issued  to  him;  but  this  proviso  shall  not  be  construed  to  require  the  delay 
of  two  years  from  the  date  of  said  entry  before  the  issuing  of  a  patent 
therefor. 

Under  this  section,  whenever  a  clerical  error  is  discovered  in  any  entry 
of  the  public  lands  which  can  not  be  accurately  corrected  by  reference  to  the 
files,  plats,  and  records  of  the  General  Land  Office,  such  entry  will  be  sus- 
pended upon  notice  to  the  claimant,  and  so  remain  until  such  error  shall  have 
been  corrected. 

The  first  class  of  entries  confirmed  by  this  section  are  .those  heretofore 
made,  and  with  the  additional  conditions  that  there  was  a  sale  or  incumbrance 
of  the  land  prior  to  March  1,  1888,  and  after  the  issuance  of  final  certificate 
to  bona  fide  purchasers  or  incumbrancers,  and  that  there  is  no  adverse  claim 
originating  prior  to  final  entry. 

As  to  this  class  of  entries  it  must  be  shown  that  no  adverse  claim  exists 
that  originated  prior  to  final  entry,  and  this  will  be  usually  determined  by 
the  records  of  the  local  and  General  Land  Offices.  The  sale  or  incumbrance 
must  be  shown  and  all  conveyances  necessary  to  connect  the  present  claimant 
of  the  land  with  the  original  entryman,  by  means  of  the  original  deeds,  cer- 
tified copies  thereof,  or  a  duly  certified  abstract  of  the  proper  records, 
together  with  satisfactory  evidence  that  the  incumbrance  has  not  been 
discharged  or  that  the  land  has  not  been  reconveyed  to  the  entryman.  The 
bona  fides  of  the  sale  or  incumbrance  must  appear  to  the  satisfaction  of  the 
officers  of  the  Government. 

The  proviso  to  said  section  affects  not  only  entries  made  prior  to  the 
passage  of  said  Act,  but  also  those  made  and  to  be  made  subsequently 
thereto,  and,  as  to  this  latter  class,  may  be  said  to  be  a  statute  of  limitations. 
All  entries  against  which  contests  or  protests  by  individuals  were  pending 


597 

at  the  date  of  the  passage  of  said  Act  are  held  to  have  been  excepted  from 
the  confirmatory  provisions  of  this  proviso,  and  such  contests  and  protests 
will  be  considered  and  disposed  of  as  if  same  section  had  not  been  passed. 
Where  the  period  of  two  years  from  the  date  of  the  Keceiver  's  receipt  expires 
after  the  passage  of  said  Act  a  contest  or  protest  to  be  effective  to  prevent 
the  confirmation  of  such  entry  must  have  been  initiated  within  such  period. 

As  to  the  effect  of  the  proviso  of  this  section  upon  proceedings  instituted 
by  the  Government  it  is  sufficient  for  the  purposes  of  this  circular  to  say  that 
such  proceedings  as  have  been  or  shall  be  begun  within  two  years  from  the 
date  of  the  Keceiver 's  receipt  on  final  entry  are  not  affected  by  said  proviso, 
but  will  be  continued  to  a  final  determination  of  the  questions  involved,  and 
that  such  proceedings  to  be  effective  to  take  the  entry  attacked  out  of  the 
operation  of  said  proviso  must  have  been  begun  within  the  said  period. 

It  is  not  thought  proper  in  this  circular  to  enter  into  details  or  attempt 
to  lay  down  rules  to  govern  all  questions  that  may  arise  in  the  administration 
of  this  section,  and  for  such  information  reference  may  be  had  to  the  decisions 
of  the  Department. 
An    Act    to    amend    section    four   of    an    Act    entitled    "An    Act    to    prevent 

unlawful  occupancy  of  the  public  lands,"  approved  February  twenty-fifth, 

eighteen  hundred  and  eighty-five. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  6*f  America  in  Congress  assembled,  That  section  four  of  an  Act  entitled 
''An  Act  to  prevent  unlawful  occupancy  of  the  public  lands,"  approved 
February  twenty-fifth,  eighteen  hundred  and  eighty-five,  be,  and  the  same  is 
hereby,  amended  so  as  to  read  as  follows: 

"Sec.  4.  That  any  person  violating  any  of  the  provisions  hereof,  whether 
as  owner,  part  owner,  or  agent,  or  who  shall  aid,  abet,  counsel,  advise,  or 
assist  in  any  violation  hereof,  shall  be  deemed  guilty  of  a  misdemeanor  and 
fined  in  a  sum  not  exceeding  one  thousand  dollars,  or  to  be  imprisoned  not 
exceeding  one  year,  or  both,  for  each  offense." 

Approved,  'March  10,   1908. 

60  Congress,  Public  Xo.  45,  page  40. 
An  Act  to  declare  and  enforce  the  forfeiture  provided  by  section  four  of  the 

Act  of  Congress  approved  March  third,  eighteen  hundred  and  seventy-five, 

entitled   "An   Act   granting  to   railroads   the   right    of   way  through   the 

public  lands  of  the  United  States. ' ' 

Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  each  and  every  grant  of  right 
of  way  and  station  grounds  heretofore  made  to  any  railroad  corporation  under 
the  Act  of  Congress  approved  March  third,  eighteen  hundred  and  seventy-five, 
entitled  "An  Act  granting  to  railroads  the  right  of  way  through  the  public 
lands  of  the  United  States,"  where  such  railroad  has  not  been  constructed 
and  the  period  of  five  years  next  following  the  location  of  said  road,  or  any 
section  thereof,  has  now  expired,  shall  be,  and  hereby  is,  declared  forfeited 
to  the  United  States,  to  the  extent  of  any  portion  of  such  located  line  now 
remaining  unconstructed,  and  the  United  States  hereby  resumes  the  full  title 
to  the  lands  covered  thereby  free  and  discharged  from  such  easement,  and 
the  forfeiture  hereby  declared  shall,  without  need  of  further  assurance  or 
conveyance,  inure  to  the  benefit  of  any  owner  or  owners  of  land  heretofore 
conveyed  by  the  United  States  subject  to  any  such  grant  cf  right  of  way 
or  station  grounds:  Provided,  That  no  right  of  way  on  which  construction 
is  progressing  in  good  faith  at  the  time  of  the  passage  of  this  Act  shall 
be  in  any  wise  affected,  validated  or  invalidated,  by  the  provisions  of  this  Act. 

Approved,  February  25,   1909. 

Second  Session  of  the  Sixtieth  Congress,  1908-1909. 

Chap.  191,  page  647. 
An  Act  to  validate  certain  entries  of  public  lands  in  the  State  of  Colorado. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  no  entries  or  filings  for  lands 
in  township  five  and  one-half  south,  of  ranges  forty-two,  forty-three,  forty- 
four,  forty-five,  and  forty-six  west,  in  the  State  of  Colorado,  shall  be  canceled 
or  held  invalid  because  they  were  not  allowed,  made,  or  perfected  in  the 
proper  land  district. 

Approved,  March  26,  1908. 

Public   No.    65. 

60  Congress,  Chap.  101.  1907-1908. 


598 

CKOW  LAND. 

The  Act  of  April  27,  1904,  among  other  things,  provides: 

Sec.  2.  That  the  said  agreement  be,  and  the  same  is  hereby,  accepted, 
ratified,  and  confirmed,  as  herein  amended. 

Sec.  3.  That  for  the  purpose  of  surveying  and  marking  so  much  of  the 
boundary  line  of  the  tract  ceded  and  relinquished  by  the  Indians  as  may  be 
necessary  to  segregate  the  same  from  the  lands  reserved  by  them,  as  pro- 
vided in  article  four  of  said  agreement,  the  sum  of  one  thousand  two  hundred 
dollars,  or  so  much  thereof  as  may  be  necessary,  be  and  the  same  is  hereby, 
appropriated,  out  of  any  money  in  the  treasury  not  otherwise  appropriated, 
and  there  is  hereby  appropriated,  out  of  any  money  in  the  treasury  not  other- 
wise appropriated,  the  sum  of  forty  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary,  for  the  completion  of  the  survey  and  subdivision  of  said 
ceded  lands,  the  same  to  be  reimbursed  out  of  the  first  moneys  to  be  received 
from  the  sale  of  said  lands. 

Sec.  4.  That  the  Commissioner  of  Indian  Affairs  shall  cause  allotments  to 
be  made,  in  manner  and  quantity  as  provided  by  existing  law,  of  the  lands 
occupied  and  cultivated  by  any  Indians  on  the  portion  of  the  reservation  by 
said  agreement  ceded  and  relinquished,  as  required  by  article  three  thereof; 
and  where  such  Indian  occupants  elect  to  remove  to  the  diminished  reservation 
he  shall  cause  a  schedule  to  be  prepared  showing  the  names  of  such  oc*cupants, 
the  descriptions  of  the  lands,  and  the  character  of  the  improvements  thereon. 
Such  improvements  shall  then  be  appraised  and  sold  under  the  direction  of 
the  Secretary  of  the  Interior  to  the  highest  bidder,  no  sale  to  be  for  less  than 
the  appraised  value,  the  proceeds  to  be  paid  to  the  respective  Indian  occupants 
as  required  by  said  article  3:  Provided,  That  the  purchaser  of  such  improve- 
ments shall  have  a  preference  right,  if  otherwise  qualified,  of  thirty  days  after 
the  land  becomes  subject  to  entry  within  which  to  enter  the  lands  upon  which 
the  improvements  are  located,  not  exceeding  one  hundred  and  sixty  acres,  in 
compliance  with  the  provisions  herein  governing  the  disposition  of  said  ceded 
lands. 

The  Secretary  of  the  Interior  shall  fix  a  reasonable  time  within  which  such 
Indian  occupants  shall  elect  whether  they  will  remain  on  the  ceded  tract  or 
remove  to  the  diminished  reservation,  and  where  they  elect  to  remove  he  shall 
also  fix  a  reasonable  time  within  which  such  occupants  must  remove  their 
improvements  if  they  should  chose  to  do  so  instead  of  having  the  same  ap- 
praised and  sold. 

Sec.  5.  That  before  any  of  the  lands  by  this  agreement  ceded  are  opened 
to  settlement  or  entry  the  Commissioner  of  Indian  Affairs  shall  cause  the  allot- 
ments to  be  made  and  the  schedule  to  be  prepared,  as  provided  for  in  section 
four  of  this  Act,  and  a  duplicate  of  said  schedule  shall  be  filed  with  the  Com- 
missioner of  the  General  Land  Office.  Upon  the  completion  of  such  allotments 
and  the  filing  of  such  schedule  and  after  the  sale  or  removal  of  such  improve- 
ments, the  residue  of  such  ceded  lands,  except  sections  sixteen  and  thirty-six, 
or  lands  in  lieu  thereof,  which  shall  be  reserved  for  common  school  purposes, 
and  are  hereby  granted  to  the  State  of  Montana  for  such  purpose,  shall  be 
subject  to  withdraw  and  disposition  under  the  Eeclamation  Act  of  June  seven- 
teenth, nineteen  hundred  and  two,  so  far  as  feasible  irrigation  projects  may  be 
found  therein.  The  charges  provided  for  by  said  Eeclamation  Act  shall  be  in 
addition  to  the  charge  of  four  dollars  per  acre  for  the  land,  and  shall  be  paid 
in  annual  instalments  as  required  under  the  Eeclamation  Act;  and  the  amounts 
to  be  paid  for  the  land  shall  be  credited  to  the  funds  herein  established  for  the 
benefit  of  the  Crow  Indians.  If  any  lands  in  sections  sixteen  and  thirty-six  are 
included  in  an  irrigation  project  under  the  Eeclamation  Act,  the  State  of 
Montana  may  select  in  lieu  thereof,  as  herein  provided,  other  lands  not  in- 
cluded in  any  such  project,  in  accordance  with  the  provisions  of  existing  law 
concerning  school  land  selections.  In  any  construction  work  upon  the  ceded 
lands  performed  directly  by  the  United  States  under  the  Eeclamation  Act, 
preference  shall  be  given  to  the  employment  of  Crow  Indians,  or  whites  inter- 
married with  them,  so  far  as  may  be  practicable:  Provided,  however,  That  if 
the  lands  withdrawn  under  the  Eeclamation  Act  are  not  disposed  of  within 
five  years  after  the  passage  of  this  Act,  then  all  of  said  lands  so  withdrawn 
shall  be  disposed  of  as  othe£  lands  provided  for  in  this  Act.  That  the  lands 
not  withdrawn  for  irrigation  under  said  Eeclamation  Act,  which  lands  shall 
be  determined  under  the  direction  of  the  Secretary  of  the  Interior  at  the 
earliest  practical  date,  shall  b'e  disposed  of  under  the  homestead,  townsite, 


599 

and  mineral  land  laws  of  the  United  States,  and  shall  be  opened  to  settlement 
and  entry  by  proclamation  of  the  President,  which  proclamation  shall  prescribe 
the  manner  in  which  these  lands  may  be  settled  upon,  occupied,  and  entered 
by  persons  entitled  to  make  entry  thereof;  and  no  person  shall  be  permitted 
to  settle  upon,  occupy,  or  enter  any  of  said  lands,  except  as  prescribed  in  such 
proclamation,  until  after  the  expiration  of  sixty  days  from  the  time  when  the 
same  are  opened  to  settlement  and  entry:  Provided,  That  as  to  the  lands  opened 
under  such  proclamation  the  rights  of  honorably  discharged  Union  soldiers 
and  sailors  of  the  late  civil  and  the  Spanish  war  or  Philippine  insurrection,  as 
defined  and  described  in  sections  twenty-three  hundred  and  four  and  twenty- 
three  hundred  and  five  of  the  Revised  Statutes,  as  amended  by  the  Act  of 
March  first,  nineteen  hundred  and  one,  shall  not  be  abridged:  And  provided 
further,  That  the  price  of  said  land's  shall  be  four  dollars  per  acre,  when 
entered  under  the  homestead  laws,  to  be  paid  as  follows: 

One  dollar  per  acre  when  entry  is  made,  and  the  remainder  in  four  equal 
annual  installments,  the  first  to  be  paid  at  the  end  of  the  second  year. 

In  addition  to  the  price  to  be  paid  for  the  land,  the  entryman  shall  pay 
the  same  fees  and  commissions  at  the  time  of  commutation  or  final  entry  as 
now  provided  by  law  where  the  price  of  the  land  is  one  dollar  and  twenty-five 
cents  per  acre. 

Lands  entered  under  the  townsite  and  mineral  land  laws  shall  be  paid 
for  in  amount  and  manner  as  provided  by  said  laws,  but  in  no  event  at  a 
less  price  than  that  fixed  herein  for  such  lands,  if  entered  under  the  home- 
stead laws,  and  in  case  any  entryman  fails  to  made  such  deferred  payments, 
or  any  of  them,  promptly  when  due,  all  rights  in  and  to  the  land  covered  by 
his  or  her  entry  shall  at  once  cease,  and  any  payments  theretofore  made  shall 
be  forfeited,  and  the  entry  shall  be  held  for  cancellation  and  cancelled: 
Provided,  That  the  lands  embraced  within  such  cancelled  entry  shall,  after 
cancellation  of  such  entry,  be  subject  to  entry  under  the  provisions  of  the 
homestead  law  at  four  dollars  per  acre  until  otherwise  directed  by  the 
President,  as  herein  provided:  And  provided,  That  nothing  in  this  Act  shall 
prevent  homestead  settlers  from  commuting  their  entries  under  section  twenty- 
three  hundred  and  one,  Revised  Statutes,  by  paying  for  the  laad  entered  the 
price  fixed  herein;  receiving  credit  for  payments  previously  made,  except 
as  to  lands  entered  under  said  Reclamation  Act:  And  provided  further,  That 
when,  in  the  judgment  of  the  President,  no  more  of  the  land  herein  ceded  can 
be  disposed  of  at  said  price,  he  may  by  proclamation,  to  be  repeated  at  his 
discretion,  sell  from  time  to  time  the  remaining  land  subject  to  the  provisions 
of  the  homestead  law  or  otherwise  as  he  may  deem  most  advantageous,  at  such 
price  or  prices,  in  such  manner,  upon  such  conditions,  with  such  restrictions, 
and  upon  such  terms  as  he  may  deem  best  for  all  the  interests  concerned. 

Sec.  6.  That  the  proceeds  received  from  the  sale  of  said  lands  in  con- 
formity with  this  Act  shall  be  paid  into  the  Treasury  of  the  United  States, 
and  paid  to  the  Crow  Indians  or  expended  on  their  account  only  as  provided  in 
article  two  of  said  agreement  as  herein  amended. 

No  lands  in  sections  sixteen  and  thirty-six  now  occupied,  as  set  forth  in 
article  three  of  the  agreement  herein  ratified,  or  withdrawn  for  irrigation 
under  the  provisions  of  said  Reclamation  Act,  shall  be  reserved  for  school  pur- 
poses, but  the  State  o£  Montana  shall  be  entitled  to  indemnity  for  any  lands 
so  occupied;  and  the  Governor  of  said  State,  with  the  approval  of  the  Secre- 
tary of  the  Interior,  is  hereby  authorized  in  the  tract  herein  ceded  to  locate 
other  lands  not  occupied  or  withdrawn,  which  shall  be  paid  for  by  the  United 
States,  as  herein  provided,  in  quantity  equal  to  the  loss,  and  such  selections 
shall  be  made  prior  to  the  opening  of  such  lands  to  settlement,  but  no  selec- 
tions shall  be  made  by  the  State  of  the  lands  herein  ceded  except  to  compensate 
for  losses  occurring  therein. 

Sec.  7.  That  there  is  hereby  appropriated,  out  of  any  money  in  the 
Treasury  not  otherwise  appropriated,  the  sum  of  ninety  thousand  dollars,  or 
so  much  thereof  as  may  be  necessary,  to  pay  the  said  Indians,  at  the  rate 
of  one  dollar  and  twenty-five  cents  per  acre,  fo'r  the  lands  granted  to  the  State 
of  Montana,  as  provided  in  section  five  of  this  Act. 

Sec.  8.  That  nothing  in  this  Act  contained  shall  in  any  manner  bind  the 
United  States  to  purchase  any  portion  of  the  land  herein  described,  except 
sections  sixteen  and  thirty-six  or  the  equivalent  in  each  township,  or  to  dis- 
pose of  said  land  except  as  provided  herein,  or  to  guarantee  to  find  purchasers 
for  said  lands  or  any  portion  thereof,  it  being  the  intention  of  this  Act  that  the 
United  States  shall  act  as  trustee  for  said  Indians  to  dispose  of  said  lands  and 


600 

to  expend  and  pay  over  the  proceeds  received  from  the  sale  thereof  only  as 
received,  as  herein  provided. 
Approved,  April  27,  1904. 

TABLE  OF  OVERRULED  AND  MODIFIED  CASES. 

Cases  marked  *  are  now  in  authority. 

Alaska  Copper  Company  (32  L.  D.,  128) ;  overruled  in  court,  37  L.  D.,  674. 

Aldrich  v.  Anderson  (2  L.  D.,  71) ;  overruled,  15  L.  D.,  201. 

Americus  v.  Hall  (29  L.  D.,  677) ;  vacated,  30  L.  D.,  388. 

Amidon  v.  Hegdale  (39  L.  D.,  131);  overruled,  40  L.  D.,  259. 

*Anderson,  Andrew  et  al.   (1  L.  D.,  1);   overruled,  34  L.  D.,  606.      (See 

36  L.  D.,  14.) 

Anderson  v.  Tannehill  et  al.  (10  L.  D.,  388) ;  overruled,  18  L.  D.,  586. 
Atlantic  &  Pacific  E-.  R.  Co.  (5  L.  D.,  259) ;  overruled,  27  L.  D.,  241. 
*Auerbaeh,  Samuel  H.,  et  al.  (29  L.  D.,  208);  overruled,  36  L.  D.,  36  (see 

37  L.  D.,  715). 

Baca  Float  No.  Three  (5  Li  D.,  705;  12  L.  D.,  676;  13  L.  D.,  624);  vacated 
29  L.  D.,  44. 

Bailey,  John  W.,  et  al.  (3  L.  D.,  386) ;  modified  5  L.  D.,  513. 
•„'  *Baker  v.  Hurst  (7  L.  D.,  457),  overruled  8  L.  D.,  110  (see  9  L.  D.,  360). 

Barbour  v.  Wilson  et  al.  (23  L.  D.,  462) ;  vacated  28  L.  D.,  62. 

Barbut,  James  (9  L.  D.,  514) ;  overruled,  29  L.  D.,  698. 
!  Barlow,  S.  L.  M.  (5  L.  D.,  695) ;  modified,  6  L.  D.,  648. 

Bartch  v.  Kennedy  (3  L.  D.,  437) ;  modified,  6  L.  D.,  217. 

Bennett,  Peter  W.  (6  L.  D.,  672);   overruled,  29  L.  D.,  565. 

Bivins  v.  Shelley  (2  L.  D.,  282) ;  modified,  4  L.  D.,  583. 

*Black,  L.  C.  (3  L.  D.,  101);  overruled,  34  L.  D.,  606  (see  36  L.  D.,  14). 

Blenkner  v.  Sloggy  (2  L.  D.,  267) ;  modified,  6  L.  D.,  217. 

Bradford,  A.  L.  (31  L.  D.,  132) ;  overruled,  35  L.  D.,  399. 

Bosch,  Gottlieb  (8  L.  D.,  45) ;  overruled,  13  L.  D.,  43. 

Box  v.  TJlstein  (3  L.  D.,  143);  modified,  6  L.  D.,  217. 

Bradstreet  et  al.  v.  Rhem  (21  L.  D.,  30) ;  reversed,  id  544. 

Brady   v.   Southern   Pacific  Railroad   Co.    (5  L.  D.,  407,   658);    overruled 
20  L.  D.,  259. 

Brick  Pomeroy  Millsite  (34  L.  D.,  320);  overruled,  37  L.  D.,  674. 

*Brown,  Joseph  T.  (21  L.D.,47);  overruled,  31  L.  D.,  222  (see  35  L.  D.,  399). 

Brown  v.  Cagle  (30  L.  D.,  8) ;  vacated  30  L.  D.,  148. 

Bundy  v.  Livingston  (1  L.  D.,  152) ;  overruled,  6  L.  D.,  284. 

Burkholder  v.  Skagen  (4  L.  D.,  166) ;  overruled,  9  L.  D.,  153. 

Buttery  v.  Sprout  (2  L.  D.,  293) ;  overruled,  5  L.  D.,  591. 
x-  Cagle  v.  Mendenhall  (20  L.  D.,  447);  overruled,  23  L.  D.,  533. 

Cain  et  al.  v.  Addenda  Mining  Co.  (24  L.  D.,  18);  vacated,  29  L.  D.,  62. 

California  &  Oregon  Land  Co.  (21  L.  D.,  344);  overruled,  26  L.  D.,  453. 

California,  State  of  (14  L.  D.,  253) ;  vacated,  23  L.  D.,  230. 

California,  State  of  (19  L.  D.,  585);  vacated,  28  L.  D.,  57. 
_>  California,  State  of  (15  L.  D.,  10) ;  overruled,  23  L.  D.,  423. 

California,  State  of  (22  L.  D.,  428) ;  overruled,  32  L.  D.,  34. 

California,  State  of,  v.  Moccettiui  (19  L.  D.,  359);  overruled,  31  L.  D.,  335. 

California,  State  of,  v.  Pierce  (9  C.  L.  O.,  118) ;  modified,  2  L.  D.,  854. 

California,  State  of,  v.  Smith  (5  L.  D.,  543);  overruled,  18  L.  D.,  343. 

Call  v.  Swaim  (3  L.  D.,  46) ;  overruled,  18  L.  D.,  373. 

Cameron  Lode  (13  L.  D.,  369) ;  overruled,  25  L.  D.,  518. 

Camplan  v.  Northern  Pacific  R.  R.  Co.  (28  L.  D.,  118) ;  overruled,  29  L.  D., 
550. 

Case  v.  Church  (17  L.  D.,  578) ;  overruled,  26  L.  D.,  453. 

Castello  v.  Bonnie  (20  L.  D.,  311) ;  overruled,  22  L.  D.,  174. 

Cawood  v.  Dumas  (22  L.  D.,  585);  vacated,  25  L.  D.,  526. 

Central  Pacific  R.  R.  Co.  v.  Orr  (2  L.  D.,  525) ;  overruled,  11  L.  D.  445. 

Chappell  v.  Clark  (27  L.  D.,  334);  modified,  27  L.  D.,  532. 

Childress  et  al.  v.  Smith  (15  L.  D.,  89) ;  overruled,  26  L.  D.,  453. 

Christofferson,  Peter  (3  L.  D.,  329) ;  modified,  6  L.  D.,  284  and  624. 

Claflin  v.  Thompson  (28  L.  D.,  279);  overruled,  29  L.  D.,  693. 

Cochran  v.  Dwyer  (9  L.  D.,  478) ;  see  39  L.  D.,  162,  225. 

Colorado,  State  of  (7  L.  D.,  490);  overruled,  9  L.  D.,  408. 

Cook,  Thomas  C.  (10  L.  D.,  324) ;  see  39  L.  D.,  162,  225. 

Cooper,  John  W.   (15  L.  D.,  285);  overruled,  25  L.  D.,  113. 


601 

Copper,  Bullion  and  Morning  Star  Lode  Mining  Claims   (35  L.  D.,  27); 
see  39  L.  D.,  574. 

Corlis  v.  Northern  Pacific  K.  E.  Co.  (23  L.  D.,  265) ;  vacated,  26  L.  D.,  652. 

Cornell  v.  Chilton  (1  L.  D.,  153) ;  overruled,  6  L.  D.,  483. 

Cowles  v.  Huff   (24  L.  D.,  81);  modified,  28  L.  D.,  515. 

Cox,  L.  &  H.  (30  L.  D.,  90,  468);  vacated,  31  L.  D.,  114. 

Crowston  v.  Seal  (5  L.  D.,  213);  overruled,  18  L.  D.,  586. 

Culligan  v.  State  of  Minnesota  (24  L.  D.,  22);  modified,  34  L.  D.,  151. 

Dakota  Central  R.  R.  Co.  v.  Downey  (8  L.  D.,  115) ;  modified,  20  L.  D.,  131. 

Dennison  &  Willits  (11  C.  L.  O.,  261);  overruled,  26  L.  D.,  123. 

Devoe,  Lizzie  A.  (5  L.  D.,  4) ;  modified,  5  L.  D.,  429. 

Dickey,  Ella  I.   (22  L.  D.,  351);  overruled,  32  L.  D.,  331. 

Dowman  v.  Moss  (19  L.  D.,  526) ;  overruled,  25  L.  D.,  82. 

Dudymott  v.  Kansas  Pacific  R.iR.  Co.  (5  C.  L.  O.,  69) ;  overruled,  1  L.  D.,  345. 

Dunphy,  Elijah  M.  (8  L.  D.,  102);  overruled,  36  L.  D.,  561. 

Dysart,  Francis  J.   (23  L.  D.,  282);  modified,  25  L.  D.,  188. 

Easton,  Francis  E.  (25  L.  D.,  600) ;  overruled  30  L.  D.,  355. 
/*Elliott  v.  Ryan  (7  L.  D.,  322);  overruled,  8  L.  D.,  110  (see  9  L.  D.,  360). 

Emblem  v.  Weed  (16  L.  D.,  28);  overruled,  17  L.  D.,  220. 
•  Epley  v.  Trick  (8  L.  D.,  110);  overruled,  9  L.  D.,  360. 

Erhardt,  Finsans   (36  L.  D.,  154);  overruled,  38  L.  D.,  406. 

Ewing  v.  Rockard  (1  L.  D.,  146) ;  overruled,  6  L.  D.,  483. 

El  Paso  Brick  Co.  (37  L.  D.,  155) ;  overruled,  40  L.  D.,  199. 
/-Falconer  v.  Price  (19  L.  D.,  167);  overruled,  24  L.  D.,  264. 

Farrell  et  al.  v.  Hoge  et  al.  (18  L.  D.,  81);  overruled,  25  L.  D.,  351. 

Fette  v.  Christiansen   (29  L.  D.,  710);  overruled,  34  L.  D.,  167. 
•'Fish,  Mary  (10  L.  D.,  606) ;  modified,  13  L.  D.,  511. 

Fitch  v.  Sioux  City  &  Pacific  R.  R.  Co.  (216  L.  and  R.,  184);  overruled, 
17  L.  D.,  43. 

Fruit,  Price  (36  L.  D.,  486) ;  distinguished,  40  L.  D.,  188. 
/Fleming  v.  Bowe  (13  L.  D.,  78);  overruled,  23  L.  D.,  175. 
/Florida  Mesa  Ditch  Co.  (14  L.  D.,  265);  overruled,  27  L.  D.,  421. 

Florida  R.  R.  &  Navigation  Co.  v.  Miller  (3  L.  D.,  324) ;  modified,  6  L.  D1., 
716;  overruled,  9  L.  D.,  237. 

Florida,  State  of  (17  L.  D.,  355);  reversed,  19  L.  D.,  76. 

Forgeot,  Margarite  (7  L.  D.,  280);  overruled,  10  L.  D.,  629. 

Fort  Boise,  Hay  Reservation  (6  L.  D.,  16);  overruled,  27  L.  D.,  505. 

Freeman  v.  Texas  Pacific  R.  R.  Co.  (2  L.  D.,  550) ;  overruled  7  L.  D.,  18- 

Galliher,  Marie  (8  C.  L.  O.,  57) ;  overruled,  1  L.  D.,  17. 

Gariss  v.  Borin  (21  L.  D.,  542);  see  39  L.  D.,  162,  225. 

Garrett,  Joshua  (2  C.  L.  O.,  1005) ;  overruled,  5  L.  D.,  158. 

Gates  v.  California  &  Oregon  R.  R.  Co.   (5  C.  L.  O.,  150);   overruled,  1 
L.  D.,  336. 

Gauger,  Henry  (10  L.  D.,  221);  overruled,  24  L.  D.,  81. 

Gohrman  v.  Ford  (8  C.  L.  O.,  6) ;  overruled,  4  L.  D.,  580. 

Golden  Chief  "A"  Placer  Claim  (35  L.  D.,  557);  modified,  37  L.  D.,  250. 

Goldstein  v.  Juneau  Townsite  (23  L.  D.,  417) ;  vacated,  31  L.  D.,  88. 
Gotebo  Towusite  v.  Jones  (35  L.  D.,  18);  modified,  37  L.  D.,  560. 

Gowdy  v.  Gilbert  (19  L.  D.,  17);  overruled,  26  L.  D.,  453. 

Gowdy  v.  Connell  (27  L.  D.,  56) ;  vacated,  28  L.  D.,  240. 

Gowdy  et  al.   v.   Kismet   Gold   Mining  Co.    (22   L.   D.,   624);   modified  24 
L.  D.,  191. 

Grampian  Lode  (1  L.  D.,  544);  overruled,  25  L.  D.,  495. 

Gregg  et  al.  v.  State  of  Colorado  (15  L.  D.,  151);  modified,  30  L.  D.,  310. 

Grinnell  v.  Southern  Pacific  R.  R.  Co.  (22  L.  D.,  438) ;  vacated,  23  L.  D.,  429. 

Groundhog  Lode  v.  Parole  &  Morning  Star  Lodes  (8  L.  D.,  430) ;  ovemued, 
34  L.  D.,  568. 

Gulf  &  Ship  Island  R.  R.  Co.  (6  L.  D.,  236)  ;  modified,  19  L.  D.,  534. 

Hansbrongh,  Henry  C.  (5  L.  D.,  155) ;  overruled,  29  L.  D.,  59. 

Hardee,  D.  C.  (7  L.  D.,  1);  overruled,  29  L.  D.,  698. 

Hardee   v.   United   States    (8   L.    D.,   391;    16   L.   D.,  499);    overruled,   29 
L.  D.,  698. 

Hardin,  James  A.  (10  L.  D.,  313) ;  revoked,  14  L.  D.,  233. 

Harris,  James  G.  (28  L.  D.,  90) ;  overruled,  39  L.  D.,  93. 

Harrison,  Luther  (4  L.  D.,  179) ;   overruled,  17  L.  D.,  216. 

Harrison,  W.  R.  (19  L.  D.,  299);  overruled,  33  L.  D.  539. 

Hastings  &  Dakota  Ry.  Co.  v.  Christenson  et  al.   (22  L.  D.,  257);  over- 
ruled, 28  L.  D.,  572. 


602 

Hayden  v.  Jamison  (24  L.  D.,  403);  vacated,  26  L.  D.,  317. 

Heilman  v.  Syverson  (15  L.  D.,  184);  overruled,  23  L.  D.,  119. 

Heinzman  et  al.  v.  Letroadec  's  Heirs  et  al.   (28  L.  D.,  498) ;   overruled, 
38  L.  D.,  253. 

Hennig,  Nellie  J.  (38  L.  D.,  443,  445) ;  recalled  and  vacated,  39  L.  D.,  211. 

Herrick,  Wallace  H.  (24  L.  D.,  23);  overruled,  25  L.  D.,  113. 

Hickey,  M.  A.,  et  al.  (3  L.  D.,  83) ;  modified,  5  L.  D.,  256. 

Holden,  Thomas  A.  (16  L.  D.,  493);  overruled,  29,  L.  D.,  156. 

Holland,  G.  W.  (5  L.  D.,  20);  overruled,  6  L.  D.,  639;  12  L.  D.,  436. 

Hooper,  Henry  (6  L.  D.,  624) ;  modified,  9  L.  D.,  86,  284. 

Howard  (3  L.  IX,  409) ;  see  39  L.  D.,  162,  225. 

Howard  v.  Northern  Pacific  E.  E.  Co.  (23  L.  D.,  6);  overruled,  28  L.  D.,  126. 

Howell,  John  H.  (24  L.  D.,  35) ;  overruled,  28  L.  D.,  204. 

Howell,  L.  C.  (39  L.  D.,  93) ;  see  39  L.  D.,  411. 
/Hull  et  al.  v.  Ingle  (24  L.  D.,  214);  overruled,  30  L.  D.,  258. 

Huls,  Clara  (9  L.  D.,  401);  modified,  21  L.  D.,  377. 

Hyde,  F.  A.,  et  al.  (37  L.  D.,  472) ;  vacated,  28  L.  D.,  284. 
j  Hyde  et  al.  v.  Warren  et  al.   (14  L.  D.,  f-ej});   see  19  L.  D.,  64. 

Inman  v.  Northern  Pacific  B.  E.  Co.  (24  L.^0^18) ;  overruled,  28  L.  D.,  95. 

Iowa  Eailroad  Land  Co.  (23  L.  D.,  79;  24  L.  D.,  125);  vacated  29,  L.  D.,  79. 

Jacks  v.  Belard  et  al.  (29  L.  D.,  369) ;  vacated,  30  L.  D.,  345. 

Jones,  James  A.  (3  L.  D.,  176) ;  overruled,  8  L.  D.,  448. 

Jones  v.  Kennett  (6  L.  D.,  688);  overruled,  14  L.  D.,  429. 

Kackmann,  Peter  (1  L.  D.,  86) ;  overruled,  16  L.  D.,  464. 

Kemper  v.  St.  Paul  and  Pacific  E.  E.  Co.    (2  C.  L.  L.,  805);   overruled, 
18  L.  D.,  101. 

King  v.  Eastern  Oregon  Land  Co.  (23  L.  D.,  579);  modified,  30  L.  D.,  19. 

Kinsinger  v.  Peck  (11  L.  D.,  203);  see  39  L.  D.,  162,  225. 

Kiserv  Keech   (7  L.  D.,  25);  overruled,  23  L.  D.,  119. 

Knight,  Albert  P.  et  al.   (30  L.  D.,  227);  overruled,  31  L.  D.,  64. 

Kniskernv   Hastings   and  Dakota  Ey  Co.    (6   C.   L.   O..  50)    overruled,    1 
L.  D.,  362. 

/Krigbaum,  James  T.  (12  L.  D.,  617) ;  overruled,  26  L.  D.,  448. 

Lackawanna  Placer  Claim  (36  L.  D.,  36) ;  overruled,  37  L.  D.,  715. 

Lamb  v.  Ullery  (10  L.  D.,  528) ;  overruled,  32  L.  D.,  331. 

Lasselle  v.  Missouri,  Kansas  &  Texas  Ey.  Co.  (3  C.  L.  O.,  10) ;  overruled,  14 
L.  D.,  278. 

Las  Vegas  Grant  (13  L.  D.,  646;  15  L.  D.,  58);  revoked,  27  L.  D.,  683. 

Laughlan  v.  Martin  (18  L.  D.,  112);  modified,  21  L.  D.,  40. 

Lemmons,  Lawson  H.  (19  L.  D.,  37);  overruled,  26  L.  D.,  381. 

Leonard,  Sarah  (1  L.  D.,  41);  overruled,  16  L.  D.,  464. 

Lindberg,  Anna  C.  (3  L.  D.,  95);  modified,  4  L.  D.,  299. 

Linderman  v.  Wait  (6  L.  D.,  689) ;  overruled,  13  L.  D.,  459. 

Little  Pet  Lode  (4  L.  D.,  17) ;  overruled,  25  L.  D.,  550. 

Lock  Lode  (6  L.  D.,  105) ;  overruled,  26  L.  D.,  123. 

Lockwood,  Francis  A.  (20  L.  D.,  361);  modified,  21  L.  D.,  200. 

Lonergan  v.  Shockley  (33  L.  D.,  238) ;  overruled,  34  L.  D.,  314;  36  L.  D.,  199. 

Louisiana,  State  of  (8  L.  D.,  126) ;  modified,  9  L.  D.,  157. 

Louisiana,  State  of  (24  L.  D.,  231);  vacated,  26  L.  D.,  5. 

Lucy  B.  Hussey  Lode  (5  L.  D.,  93) ;  overruled",  25  L.  D.,  495. 

Lutton,  James  W.  (34  L.  D.,  468) ;  overruled,  35  L.  D.,  102. 

Lynch,  Patrick  (7  L.  D.,  33) ;  overruled,  13  L.  D.,  713. 

Madigan,  Thomas  (8  L.  D.,  188) ;  overruled,  27  L.  D.,  448. 

Maginnis,  Charles  P.  (31  L.  D.,  222) ;  overruled,  35  L.  D.,  399. 

Makemsom  v.  Sniders'  Heirs  (22  L.  D.,  511);  overruled,  32  L.  D.,  650. 

Mason  v.  Cromwell  (24  L.  D.,  248) ;  vacated,  26  L.  D.,  369. 

Masten,  E.  C.  (22  L.  D.,  337) ;  overruled,  25  L.  D.,  111. 

Mather  et  al.  v.  Hackley's  Heirs  (15  L.  D.,  487) ;  vacated,  19  L.  D.,  48. 

Maughan,  George  W.  (1  L.  D.,  25) ;  overruled,  7  L.  D.,  94. 

Mctalla  v.  Acker  (29  L.  D.,  203) ;  vacated,  30  L.  D.,  277. 

McDonald,  Eoy,  et  al.  (34  L.  D.,  21) ;  overruled,  37  L.  D.,  285. 

McDonogh  School  Fund  (11  L.  D.,  378);  overruled,  30  L.  D.,  616;    (see  35 
L.  D.,  399). 

McFadden  et  al.  v.  Mountain  View  Mining  &  Milling  Co.   (26  L.  D.,  530) ; 
vacated,  27  L.  D.,  358. 

McGee,  Edward  D.  (17  L.  D.,  285);  overruled,  29  L.  D.,  166. 

McGrann,  Owen  (5  L.  D.,  10) ;  overruled,  24  L.  D.,  502. 


603 

McGregor,  Carl  (37  L.  D.,  693);  overruled,  38  L.  D.,  148. 

McKernan  v.  Bailey   (16  L.  D.,  368);  overruled,  17  L.  D.,  494. 

McKitrick  Oil  Co.  v.  Southern  Pacific  E.  B.  Co.  (37  L.  D.,  243);  overruled 
in  part. 

s  McNamara  et  al.   v.  State  of   California    (17   L.   D.,  296);   overruled,   22 
L.  D.,  666. 

McPeek  v.  Sullivan  et  al.  (25  L.  D.,  28) ;  overruled,  36  L.  D.,  26. 

Mercer  v.  Buford  Townsite  (35  L.  D.,  119) ;  overruled,  35  L.  D.,  649. 

Meyer,  Peter  (6  L.  D.,  639) ;  modified,  12  L.  D.,  436. 

Meyer  v.  Brown  (15  L.  D.,  307) ;  see  39  L.  D.,  162,  225. 
y  Miller  v.  Sebastian  (19  L.  D.,  288);  overruled,  26  L.  D.,  448. 

Milton  et  al.  v.  Lamb  (22  L.  D.,  339) ;  overruled,  25  L.  D.,  550. 

Milwaukee,  Lake  Shore  &  Western  By.  Co.  (12  L.  D.,  79);  overruled,  29 
L.  D.,  112. 

Miner  v.  Mariott  et  al.  (2  L.  D.,  709) ;  modified,  28  L.  D.,  224. 

Milner  &  North  Side  B.  B.  Co.  (36  L.  D.,  488);  overruled,  40  L.  D.,  187. 

Monitor  Lode  (18  L.  D.,  358) ;  overruled,  25  L.  D.,  495. 

Moore,  Charles  H.  (16  L.  D.,  204);  overruled,  27  L.  D.,  482. 

Morgan  v.  Craig  (10  C.  L.  O.,  234);  overruled,  5  L.  D.,  303. 

Morgan  v.  Bowland  (37  L.  D.,  90) ;  overruled,  37  L.  D.,  618. 

Moritz  v.  Hinz  (36  L.  D.,  450) ;  vacated,  37  L.  D.,  382. 

Morrison,  Charles  S.  (36  L.  D.,  126) ;  modified,  36  L.  D.,  319. 

Morrow   et   al.   v.    State   of   Oregon   et  al.    (32   L.   D.,   54);   modified,   33 
L.  D.,  101. 

Mountain  Chief  Nos.  8  and  9  Lode  Plains  (36  L.  D.,  100) ;  overruled  in  part, 
36  L.  D.,  551. 

Muller,  Esperene  K.  (39  L.  D.,  72);  modified,  39  L.  D.,  360. 

Nebraska,  State  of  (18  L.  D.,  124) ;  overruled,  28  L.  D.,  358. 

Nebraska,  State  of,  v.  D-orrington  (2  C.  L.  L.,  647) ;  overruled,  26  L.  D.,  123. 

Neilsen  v.  Central  Pacific  B.  B.  Co.  et  al.  (26  L.  D.,  252);  modified,  30 
L.  D.,  216. 

Newbanks  v.  Thompson  (22  L.  D.,  490) ;  overruled,  29  L.  D.,  108. 

Newton,  Walter  (22  L.  D.,  322);  modified,  25  L.  D.,  188. 

New  York  Lode  &  Mill  Site  (5  L.  D.,  513) ;  overruled,  27  L.  D.,  373. 

Northern  Pacific  B.  E.  Co.  (20  L.  D.,  191);  modified,  22  L.  D.,  224;  over- 
ruled, 29  L.  D.,  550. 

Northern  Pacific  B.  E.  Co.  v.  Bowman  (7  L.  D.,  238);  modified,  18  L.  D., 
224. 

Northern  Pacific  E.  E.  Co.  v.  Burns  (6  L.  !>.,  21) ;  overruled,  20  L.  D.,  191. 

Northern  Pacific  B.  E.  Co.  v.  Loomis  (21  L.  D.,  395) ;  overruled,  27  L.  D., 
464. 

Northern  Pacific  E.  B.  Co.  v.  Marshall  et  al.  (17  L.  D.,  545);  overruled,  28 
L.  D.,  174. 

/Northern  Pacific  B.  B.  Co.  v.  Miller  (7  L.  D.,  100)  ;  overruled,  16  L.  D.,  229. 

Northern  Pacific  E.  E.  Co.  v.  Sherwood    (28    L.    D.,    126);    overruled,    29 
L.  D.,  550. 

Northern  Pacific  B.  B.  Co.  v.  Symons  (22  L.  D.,  686) ;  overruled,  28  L.  D., 
105. 

Northern  Pacific  B.  E.  Co.  v.  TJrquhart  (8  L.  D.,  365) ;  overruled,  28  L.  D., 
126. 

Northern  Pacific  B.  B.  Co.  v.  Yantis  (8  L.  D.,  58) ;  overruled,  12  L.  D.,  127. 

Nyman  v.  St.  Paul,  Minneapolis  &  Manitoba  By.  Co.  (5  L.  D.,  396);  over- 
ruled, 6  L'.  D.,  750. 

O'Donnell,  Thos.  J.  (28  L.  D.,  214);  overruled,  35  L.  D.,  411. 

Olson  v.  Traver  et  al.   (26  L.  IX,  350,  628);  overruled,  29  L.  D.,  480;  30 
L.  D.,  382. 

Opinion,  A.  A.  G.  (35  L.  D.,  277) ;  vacated,  36  L.  D.,  342. 

Oregon  Central  Military  Wagon  Boad  Co.  v.  Hart  (17  L.  D.,  480);  over- 
ruled, 18  L.  D.,  543. 

Owens  et  al.  v.  State  of  California  (22  L.  D.,  369) ;  overruled,  38  L.  D.,  253. 

Pacific  Slope  Lode  (12  L.  D.,  686);  overruled,  25  L.  D.,  518. 

Papini  v.  Alderson  (1  B.  L.  P.,  91);  modified,  5  L.  D.,  256. 

Paterson,  Charles  E.  (3  L.  D.,  260);  modified,  6  L.  D.,  284,  624. 

Paul  Jones  Lode  (28  L.  D.,  120) ;  modified,  31  L.  D.,  359. 

Paul  v.  Wiseman  (21  L.  D.,  12) ;  overruled,  27  L.  D.,  522. 

Pecos  Irrigation  &  Improvement  Co.  (15  L.  D.,  470);  overruled,  18  L.  D., 
168,  268. 


604 

Phelps,  W.  L.  (8  C.  L.  O.,  139) ;  overruled,  2  L.  D.,  854. 

Phillips,  Alonzo  (2  L.  D.,  321) ;  overruled,  15  L.  D.,  424. 

Phillips  v.  Breazeale's  Heirs  (19  L.  D.,  573);  overruled,  29  L.  D.,  93. 

Pietkiewicz  et  al.  v.  Kichman  (29  L.  D.,  195) ;  overruled,  37  L.  D.,  145. 

Pieke's  Peak  Lode  (14  L.  D.,  47);  overruled,  20  L.  D.,  204. 

Popple,  James  (12  L.  D.,  433) ;  overruled,  13  L.  D.,  588. 

Powell,  D.  C.  (6  L.  D.,  302) ;  modified,  15  L.  D.,  477. 

Premo,  George  (9  L.  D.,  70) ;  see  39  L.  D.,  162,  225. 

Pringle,  Westley  (13  L.  D.,  519) ;  overruled,  29  L.  D.,  599. 

Provensal,  Victor  H.  (30  L.  D.,  616) ;  overruled,  35  L.  D.,  399. 

Prue,  Widow  of  Emanuel  (6  L.  D.,  436) ;  vacated,  33  L.  IX,  409. 
/  Puyallup,  Allotments  (20  L.  D.,  157);  modified,  29  L.  D.,  628. 

Rancho,  Alisal  (1  L.  D.,  173) ;  overruled,  5  L.  D.,  320. 

Eankin,  James  D.,  et  al.  (7  L.  D.,  411);  overruled,  35  L.  D.,  32. 

Eankin,  John  M.  (20  L.  D.,  272) ;  reversed,  21  L.  D.,  404. 
/*Reed  v.  Buffington  (7  L.  D.,  154);  overruled,  8  L.  D.,  110;  (see  9  L.  IX, 
360). 

•  Rialto,  No.  2,  to  Placer  Mining  Claim  (34  L.  D.,  44);  overruled,  37  L.  D., 
250. 

Rico  Townsite  (1  L.  D.,  556);  modified,  5  L.  D.,  256. 

Roberts  v.  Oregon  Central  Military  Road  Co.  (19  L.  D.,  591);  overruled, 
31  L.  D.,  174. 

Robinson,  Stella  G.  (12  L.  D.,  443);  overruled,  30  L.  D.,  1. 

Rogers,  Horace  B.  (10  L.  D.,  29);  overruled,  14  L.  D.,  321. 

Rogers  v.  Atlantic  &  Pacific  R.  R.  Co.  (6  L.  D.,  565) ;  overruled,  8  L.  IX,  165. 
•J  *  Rogers  v.  Lukens  (6  L.  D.,  Ill);  overruled,  8  L.  D.,  110;  (see  9  L.  D.,  360). 

Salsberry,  Carroll  (17  L.  D.,  170) ;  overruled,  39  L.  D.,  93. 

Satisfaction,  Extension  Mill  Site  (14  L.  D.,  173) ;  see  Alaska  Copper  Co.,  32 
L.  D.,  128. 

Sayles,  Henry  P.  (2  L.  D.,  88) ;  modified,  6  L.  D.,  797. 

Schweitzer  v.  Hillard  (19  L.  D.,  294);  overruled,  26  L.  !>.,  639. 

Seriano  v.  Southern  Pacific  R.  R.  Co.  (6  C.  L.  O.,  93);  overruled,  1  L.  D., 
380. 

Shanley  v.  Moran  (1  L.  D.,  162) ;  overruled,  15  L.  D.,  424. 

Shineberger,  Joseph  (8  L.  D.,  321) ;  overruled,  9  L.  D.,  202. 

Simpson,  Lawrence  W.  (35  L.  D.,  399,  609) ;  modified,  36  L.  D.,  205. 

Sipchen  v.  Ross  (1  L.  D.,  634) ;  modified,  4  L.  D.,  152. 

Smead  v.  Southern  Pacific  R.  R.  Co.  (21  L.  D.,  432) ;  vacated,  29  L.  D.,  135. 

Southern  Pacific  R.  R.  Co.  (15  L.  D.,  460);  reversed,  18  L.  D.,  275. 

Southern  Pacific  R.  R.  Co.  (28  L.  D.,  281);  recalled,  32  L.  D.,  51. 

Southern  Pacific  R.  R.  Co.  (33  L.  D.,  89) ;  recalled,  33  L.  D.,  528. 

Southern  Pacific  R.  R.  Co.  v.  Burns  (31  L.  D.,  272) ;  vacated,  37  L.  D.,  243. 

Spaulding  v.  Northern  Pacific  R.  R.  Co.  (21  L.  IX,  57) ;  overruled,  31  L.  D., 
151. 

Spencer,  James  (6  L.  D.,  217);  modified,  6  L.  D.,  772;  8  L.  D.,  467. 

State  of  California  (14  L.  IX,  253);  vacated,  23  L.  D.,  230. 
^  State  of  California  (15  L.  D.,  10);  overruled,  23  L.  D.,  423. 

State  of  California  (19  L.  D.,  585);  vacated,  28  L.  D.,  57. 

State  of  California  (22  L.  D.,  428);  overruled,  32  L.  D.,  34. 

State  of  California  v.  Moccettini  (19  L.  D.,  359) ;  overruled,  31  L.  D.,  335. 

State  of  California  v.  Pierce  (3  C.  L.  O.,  118) ;  modified,  2  L.  D.,  854. 
^  State  of  California  v.  Smith  (5  L.  D.,  543) ;  overruled,  18  L.  D.,  343. 

State  of  Florida  (17  L.  D.,  355) ;  reversed,  19  L.  D.,  76. 

State  of  Colorado  (7  L.  IX,  490) ;  overruled,  9  L.  D.,  408. 

State  of  Louisiana  (8  L.  D.,  126) ;  modified,  9  L.  D.,  157. 

State  of  Louisiana  (24  L.  D.,  231) ;  vacated,  26  L.  D.,  5. 
V  State  of  Nebraska  (18  L.  D.,  124)  overruled,  28  L.  D.,  358. 

State  of  Nebraska  v.  Dorrington  (2  C.  L.  L.,  647) ;  overruled,  26  L.  D.,  122. 

Stewart  et  al.  v.  Rees  et  al.  (21  L.  D.,  446)  overruled,  29  L.  D.,  401. 

*St.  Paul,  Minneapolis  &  Manitoba  Ry.  Co.   (8  L.  D.,  255);  modified,  13 
L.  D.,  354;  (see  32  L.  IX,  21). 

St.  Paul  M.  &  M.  By.  Co.  v.  Hagen  (20  L.  D.,  249) ;  overruled,  25  L.  D.,  86. 

St.  Paul  M.  &  M.  Ry.  Co.  v.  Fogelberg  (29  L.  D.,  291) ;  vacated,  30  L.  D.,  191. 
J  Strieker,  Lizzie  (15  L.  D.,  74);  overruled,  18  L.  D.,  283. 

Sweeney  v.  Northern  Pacific  R.  R.  Co.  (20  L.  D.,  394) ;  overruled,  28  L.  D., 
174. 

Sweeten  v.  Stevenson  (3  L.  D.,  249) ;  overruled,  3  L.  D.,  248. 


605 

<•  Taft  v.  Chapin  (14  L.  D.,  593);  overruled,  17  L.  D.,  414. 
Talkington's  Heirs  v.  Hempfling  (2  L.  D.,  46);  overruled,  14  L.  IX,  200. 
Tate,  Sarah  J.  (10  L.  D.,  469);  overruled,  21  L.  D.,  211. 
Taylor  v.  Yeats  et  al  (8  L.  D.,  279) ;  reversed,  10  L.  D.,  242. 

*  Teller,  John  C.  (26  L.  D.,  484);  overruled,  36  L.  D.,  36;  (see  37  L.  D.,  715). 
Traugh  v.  Ernst  (2  L.  D.,  212) ;  overruled,  3  L.  D.,  98. 

Tripp  v.  Stewart  (7  C.  L.  O.,  39) ;  modified,  6  L.  D.,  795. 

*  Tripp  et  al.  v.  Dunphy  (28  L.  D.,  14);  overruled,  40  L.  D.,  128. 

Tucker  v.  Florida  Ey.  &  Nav.  Co.  (19  L.  D.,  414) ;  overruled,  25  L.  D.,  233. 

Tupper  v.  Schwartz  (2  L.  D.,  623) ;  overruled,  6  L.  D.,  623. 

Turner  &  Lang  (1  C.  L.  O.,  51)  ;  modified,  5  L.  D.,  256. 

Turner  v.  Cartwright  (17  L.  D.,  414);  modified,  21  L.  D.,  40. 

Tyler,  Charles  (26  L.  D.,  699) ;  overruled,  35  L.  D.,  411. 

Ulin  v.  Colby  (24  L.  D.,  311);  overruled,  35  L.  D.,  549. 

Union  Pacific  B.  E.  Co.  (33  L.  D.,  89);  recalled,  33  L.  D.,  528. 
rUnited  States  v.  Bush  (13  L.  D.,  529) ;  overruled,  18  L.  D.,  441. 

United  States  v.  Dana  (18  L.  D.,  161) ;  modified,  28  L.  D.,  45. 
v/Vine,  James  (14  L.  D.,  5*£>x  modified,  14  L.  D.,  662. 

Vradenbirg's  Heirs  et  al?£  Orr  et  al.  (25  L.  D.,  323)  ;  overruled,  L.  D.,  253. 

Walker  v.  Brosser  (17  L.  D.,  85);  reversed,  18  L.  D.,  425. 

Walker  v.  Southern  Pacific  E.  E.  Co.  (24  L.  D.,  172);  overruled,  28  L.  D., 
174. 

I/Walters,  David  (15  L.  D.,  136);  revoked,  24  L.  D.,  58. 

Wasmund  v.  Northern  Pacific  E.  E.  Co.  (23  L.  D.,  445) ;  vacated,  29  L.  D., 
224. 

Waterhouse,  William  W.  (9  L.  D.,  131) ;  overruled,  18  L.  D.,  586. 

Watson,  Thomas  E.  (4  L.  D.,  169) ;  modified,  6  L.  D.,  71. 

Weber,  Peter  (7  L.  D.,  476);  overruled,  9  L.  D.,  150. 

Werden  v.  Schlecht  (20  L.  D.,  523) ;  overruled,  24  L.  D.,  45. 

Wheaton  v.  Wallace  (24  L.  D.,  100) 'modified,  34  L.  D.,  383. 

Wickstrom  v.  Calkins  (20  L.  D.,  459);  modified,  21  L.  D.,  553;  overruled, 
22  L.  D.,  392. 

Widow  of  Emanuel  Prue  (6  L.  D.,  436) ;  vacated,  33  L.  D.,  409. 

Wiley,  George  P.  (36  L.  D.,  305) ;  modified,  36  L.  D.,  417. 

Wilkins,  Benjamin  C.  (2  L.  D.,  129;  modified,  6  L.  D.,  797. 

Willamette  Valley  &  Cascade  Mountain  Wagon  Eoad  Co.  v.  Bruner  (22 
L.  D.,  654) ;  vacated,  26  L.  D.,  357. 

Willamette  Valley  &  Cascade  Mountain  Wagon  Eoad  Co.  v.  Chapman  (13 
L.  D.,  61) ;  overruled,  20  L.  D.,  259. 

Willingbeck,  Christian  P.  (3  L.  D.,  383) ;  modified,  5  L.  D.,  409. 

Willis,  Eliza  (22  L.  D.,  426) ;  overruled,  26  L.  D.,  436. 

REGULATIONS  GOVERNING  USE  OF  VACANT  CEDED 

INDIAN  LANDS. 

To  Officers  in  Charge  of  Indian  Reservations  and  Registers  and 
Receivers  of  United  States  Land  Offices. 

Department  of  the  Interior, 
Washington,  D.  C.,  July  25,  1902. 

Gentlemen :  Regarding  the  question  of  jurisdiction  over 
Indian  lands  after  they  have  been  opened  for  settlement  and  entry, 
under  date  of  November  27,  1911,  the  First  Assistant  Secretary  of 
the  Interior  addressed  the  Commissioner  of  Indian  Affairs  as 
follows : 

JUEISDICTION  OVEE  EELIXQUISHED  INDIAN  LANDS. 

November  27,  1911. 
The  Commissioner  of  Indian  Affairs. 

Sir:  You  have  submitted  the  question  of  jurisdiction  over  lands  within  Indian 
reservations  after  they  have  been  opened  to  settlement  and  entry. 

The  question  is  perhaps  not  one  so  much  of  jurisdiction  as  one  involving  the 
rights  of  the  Indians  to  the  use  and  benefit  of  the  lands  after  provision  has  been 
made  extinguishing  the  Indian  claim  and  making  disposition  of  the  lands.  You 
note  that  such  lands  may  be  divided  generally  into  two  classes:  (1)  Those  which 


606 

the  United  States  has  purchased  from  the  Indians  and  paid  for,  the  Indian  claim 
thereto  being  thus  completely  extinguished;  and  (2)  those  which  the  United  States 
agrees  to  dispose  of  for  the  benefit  of  the  Indians,  without,  however,  becoming 
bound  to  purchase  the  lands,  whereby  the  claim  of  the  Indians  remains  unextin- 
guished  until  the  lands  are  finally  sold. 

The  department  agrees  with  you  that  as  to  the  first  class  the  Indians  have  no 
further  concern  and  that  after  the  cession  such  lands  are  properly  under  the  juris- 
diction of  the  General  Land  Office. 

The  department  also  agrees  with  you  that  the  Indians  are  rightfully  entitled 
to  the  use  and  benefit  of  the  lands  coming  within  the  second  class  until  they  shall 
have  been  finally  disposed  of,  with  the  condition,  however,  that  the  use  thereof 
shall  in  nowise  interfere  with  the  speedy  sale  or  other  disposition  provided  by  law. 
There  should  be  no  difficulty  in  properly  handling  such  cases  through  joint  coopera- 
tion between  your  office  and  the  General  Land  Office.  There  can  be  no  objection 
to  permitting  the  use  of  such  lands  by  the  Indians  or  for  grazing  purposes  for  the 
benefit  of-  the  Indians,  provided  always  that  such  use  is  so  controlled  as  to  not 
interfere  with  the  settlement  or  sale  of  the  lands.  You  will  in  all  such  cases 
confer  with  the  General  Land  Office,  with  a  view  of  adopting  such  rules  and  regula- 
tions as  may  be  necessary  to  secure  to  the  Indians  any  income  that  may  be  prop- 
erly derived  from  the  lands  and  at  the  same  time  to  secure  their  early  sale  or 
settlement,  as  the  law  may  direct. 

In  respect  to  the  Bound  Valley  Indian  Eeservation  in  California,  specifically 
referred  to  by  you,  the  act  of  October  1,  1890  (26  Stat.,  658),  provides  for  the 
survey  and  allotment  of  the  agricultural  lands  to  the  Indians  in  severalty,  for  the 
reservation  of  a  reasonable  amount  of  grazing  and  timber  lands,  and  for  the 
survey  of  the  remainder  of  grazing  and  timber  lands  into  tracts  of  640  acres,  and 
the  sale  of  the  same,  the  proceeds  thereof,  after  paying  the  expenses,  to  be  placed 
in  the  Treasury  of  the  United  States  to  the  credit  of  the  Indians. 

The  act  of  February  8,  1905  (33  St*t.,  706),  directed  that  all  the  lands  relin- 
quished from  the  Eound  Valley  Indian  Keservation  under  the  act  of  October  1, 
1890,  supra,  should  be  surveyed,  reappraised,  and  thereafter  be  subject  to  settle- 
ment and  entry  under  the  provisions  of  the  homestead  laws  of  the  United  States, 
and  that  all  the  lands  thus  opened  to  settlement  remaining  undisposed  of  at  the 
expiration  of  five  years  from  the  taking  effect  of  the  act  might  be  sold  and  dis- 
posed of  for  cash,  the  proceeds  to  be  disposed  of  as  provided  in  the  act  of  1890. 

Under  these  provisions  of  law  this  reservation  clearly  falls  within  the  second 
class,  and  the  Indians  are  entitled  to  possession  of  the  lands  until  the  same  shall 
have  been  settled  upon,  entered,  or  sold.  You  will  immediately  confer  with  the 
General  Land  Office,  with  a  view  to  entering  into  an  arrangement  along  the  lines 
suggested  herein. 

A  copy  of  this  letter  will  be  sent  to  the  Commissioner  of  the  General  Land 
Office  for  his  information  and  guidance.  Very  respectfully, 

Samuel  Adams,  First  Assistant  Secretary. 

To  put  into  effect  the  foregoing  rulings  of  the  department  and 
to  provide  for  concurrent  supervision  over  the  lands  involved, 
wherever  situated,  for  the  protection  and  benefit  of  the  Indian 
owners  and  protection  of  prospective  settlers,  the  following  instruc- 
tions are  issued: 

1.  Up  to  date  of  entry,  sale,  or  settlement,  the  lands  in  class  2 
shall  be  under  the  jurisdiction  of  the  Bureau  of  Indian  Affairs  and 
under  the  immediate  supervision  of  the   officer  in   charge  of  the 
Indian  reservation  where  the  lands  are  situate. 

2.  The  officer  in  charge  of  the  Indian  reservation  will  prepare 
permits  for  grazing  purposes  in  favor  of  responsible  persons  on  the 
form  approved  by  the  department  September  1,  1911  (5-175a),  to 
which  shall  be-  added  the  following : 

It  is  understood  and  agreed  by  the  permittee  that  he  will  place  no  improve- 
ments upon  the  lands  covered  by  this  permit  without  first  securing  the  written 
consent  of  the  officer  in  charge  of  the  reservation,  and  all  fences  and  other  im- 
provements which  he  shall  place  upon  the  lands  shall  remain  thereon  at  the 
expiration  of  the  permit  and  become  the  absolute  property  of  the  equitable  owner 
of  the  soil. 

It  is  also  understood  and  agreed  by  the  permittee  that  from  and  after  the 


607 

date  of  any  bona  fide  settlement,  sale,  or  entry  of  the  lands  covered  by  this 
permit,  or  any  part  thereof,  this  permit  becomes  void  as  to  the  lands  so  affected, 
and  the  permittee  agrees  and  hereby  stipulates  that  he  will  not  interfere  with  or  in 
any  manner  attempt  to  prevent  any  person  from  making  settlement,  filing,  or  entry 
upon  any  of  the  lands  included  in  this  permit. 

The  penalty  for  violating  the  foregoing  conditions  and  stipulations  will  be 
the  summary  revocation  of  the  permit. 

3.  No  permit  shall  be  issued  for  a  longer  period  than  one  year, 
and  all  permits  shall  be  subject  to  the  approval  of  the  Secretary  of 
the  Interior. 

4.  Before  executing  a  permit  in  favor  of  any  person  the  officer 
in  charge  of  the  reservation  will  first  ascertain  from  the  land  office 
of  the  district  in  which  the  lands  are  situated  if    said    lands    are 
applied  for  or  are  included  in  any  entry  of  record.    And  thereafter, 
upon  the  execution  of  a  permit,  he  will  furnish  the  said  land  office 
with    a    description    of  the  lands,  the  name  of  the  permittee,  and 
length    of   term,    the    same  to  be  posted  in  the  land  office  for  the 
information  of  the  public. 

Any  and  all  permits  executed  under  these  instructions  shall  be 
subject  and  subordinate  to  any  valid  settlement  made  or  main- 
tained under  the  public-land  laws. 

5.  The  officer  in  charge  of  the  reservation  is  charged  with  the 
duty  of  preventing  all  trespassing  on  lands  in  class  2,  the  collection 
of  trespass  fees,  and  the  prosecution  of  trespassers  as  provided  by 
law. 

6.  After  date  of  entry,  sale,  or  settlement  the  lands  in  class  2 
shall  be  under  the  jurisdiction  of  the  General  Land  Office,  and  any 
permit  in  effect   at  such  date  shall   cease  and   determine,  and  if 
occupied  by  any  Indian  such  Indian's  right   of  occupancy   shall 
cease. 

7.  It  shall  be  the  duty  of  the  local  land  officers  to  furnish  the 
officer  in  charge  of  all  Indian  reservations  within  their  jurisdiction 
monthly  lists  of  all  applications  for  entry  or  purchase,  as  well  as  all 
relinquishments  filed,  embracing  lands  in  class  2,  and  to  furnish 
also  information  when  requested  as  to  particularly  described  tracts. 

Approved : 

F.  H.  Abbott, 

Assistant  Commissioner  of  Indian  Affairs. 
Approved  July  25,  1912: 
S.  V.  Proudfit, 

Assistant  Commissioner  of  the  General  Land  Office. 
Approved  July  25,  1912: 
Samuel  Adams, 

First  Assistant  Secretary. 


608 


MISCELLANEOUS  MATTERS. 

IMPORTANT  SUGGESTIONS  CONTESTS. 

Applications  to  Contest. 

In  cases  where  the  entryman  is  dead,  the  application  should  con- 
tain a  statement  of  the  death  of  the  entryman,  as  well  as  any  viola- 
tion of  law  or  departmental  regulation,  which  renders  the  land 
subject  to  contest. 

Service. 

Personal  service  should  be  made  when  possible,  and  every  dili- 
gence should  be  exercised  to  locate  the  defendant. 

In  cases  of  death  of  entryman,  service  should  be  made  on  all 
the  known  heirs.  If  the  heirs  are  not  known,  service  must  be  ob- 
tained by  publication. 

All  notices  of  contest  should  be  prepared  ready  for  the  signature 
of  the  Register  or  Receiver,  or  both,  when  the  contest  is  filed. 

Where  the  heirs  of  deceased  entryman  are  not  known,  publica- 
tion of  notice  of  contest  should  be  made,  but  where  the  heirs  are 
known,  all  the  known  heirs  should  receive  personal  notice  of  the 
contest.  Where  service  is  made  on  all  known  heirs,  publication  has 
not  been  required,  even  though  there  may  be  other  heirs. 


609 


Desert  Entries. 

Application  to  make  desert  entries  should  be  accompanied  with 
a  map,  plat,  or  diagram,  showing  the  streams  from  water  is  to  be 
taken,  and  the  plan  or  method  by  which  the  land  is  to  be  reclaimed 
from  desert  to  agriculture  in  character. 

Yearly  Proof. 

Third  yearly  proofs  must  be  submitted  with  a  map,  plat,  or 
diagram,  showing  the  reclamation  plan  finally  adopted.  Final  proof 
must  be  accompanied  with  a  map,  plat,  or  diagram,  showing  the 
character  and  extent  of  the  improvements  made  necessary  for  the 
reclamation  of  the  land. 

Have  evidence  of  water  right  ready  when  final  desert  proof  is 
made. 

Oil  Lands. 

For  the  act  of  congress  approved  March  2,  1911,  (36  Stat.  1015), 
relative  to  oil  and  gas  lands,  and  the  discovery  thereof,  see  page  459. 

Indian  Lands. 

The  rule  of  the  department  with  reference  to  the  transfer  of  town 
lots,  will  apply  to  the  sale  of  Indian  lands  generally.  See  title 
assignments. 


610 


CIRCULAR  NO.  128. 

SELECTIONS  BY  STATES  OF  LANDS  WITHDRAWN,  CLASSI- 
FIED, OR  VALUABLE  FOR  COAL. 

\ 
Department  of  the  Interior, 

General  Land  Office, 

Washington,  June  14,  1912. 
Registers  and  Receivers, 

United  States  Land  Offices. 

Sirs :  Your  attention  is  directed  to  the  act  of  Congress  approved 
April  30,  1912  (Public,  No.  141),  entitled  "An  act  to  supplement  the 
act  of  June  twenty-second,  nineteen  hundred  and  ten,  entitled  'An 
act  to  provide  for  agricultural  entries  on  coal  lands,'  "  a  copy  of 
which  is  hereto  attached. 

The  act  of  June  22,  1910  (36  Stat.,  583),  entitled  "An  act  to  pro- 
vide for  agricultural  entries  on  coal  lands,"  provided  that  the  public 
lands  of  the  United  States,  exclusive  of  Alaska,  which  have  been 
withdrawn  or  classified  as  coal  lands,  or  are  valuable  for  coal,  shall 
be  subject  to  appropriate  entry  under  the  homestead  laws  by  actual 
settlers  only,  the  desert  land  law  in  tracts  not  exceeding  160  acres, 
to  selection  under  section  4  of  the  act  approved  August  18,  1894 
(28  Stat.,  422),  known  as  the  Carey  Act,  and  to  withdrawal  under 
the  act  approved  June  17,  1902  (32  Stat.,  388),  known  as  the  recla- 
mation act. 

By  this  act  (Apr.  30,  1912),  the  privileges  granted  in  certain 
cases,  as  enumerated  above,  by  the  act  of  June  22,  1910,  supra,  are 
extended  to  the  several  States  in  making  selections  of  lands  in  satis- 
faction of  grants  made  by  Congress.  It  is  further  provided  that  the 
Secretary  of  the  Interior  may,  in  his  discretion,  dispose  of  any  iso- 
lated or  disconnected  tracts,  under  the  laws  providing  for  the  sale-of 
such  tracts  of  public  land.  The  conditions  and  reservations  as  pre- 
scribed by  the  former  act  are  embodied  in  this  act  unchanged. 

It  will  be  your  duty  to  accept,  subject  to  future  approval,  selec- 
tions, otherwise  unobjectionable,  presented  by  the  several  States  in 
satisfaction  of  congressional  grants,  embracing  lands  withdrawn  or 
classified  as  coal  lands,  or  valuable  for  coal,  if  accompanied  by  a 
certificate  or  statement,  in  case  of  each  application  to  select,  of  the 
officer  or  officers  authorized  to  act  for  and  in  behalf  of  the  State,  to 
the  effect  that  the  application  is  made  in  accordance  with,  and  sub- 
ject to,  the  provisions  and  reservations  of  the  act  of  June  22,  1910 
(36  Stat.,  583),  as  supplemented  by  the  act  of  April  30,  1912  (Public, 
No.  141). 

Should  the  State  deny  the  existence  of  coal  in  the  land  sought  to 
be  selected  you  will  proceed  in  accordance  with  existing  regulations 
in  such  cases, 


611 

In  relation  to  selections  made  by  some  of  the  States,  prior  to  the 
passage  of  this  act,  of  lands  withdrawn  or  classified  as  coal,  you  are 
informed  that  the  department  held,  under  date  of  May  18,  1912,  in 
such  a  case  from  Wyoming  (Lander,  05040),  on  appeal,  as  follows: 

The  tender  or  filing  of  a  school-land  indemnity  selection  by  a  State  in  lieu 
of  lands  lost  by  it  in  place  constitutes  a  mere  offer  to  exchange,  confers  no 
vested  right  upon  the  selector  and  does  not  prevent  the  taking  or  withholding 
of  the  land  by  the  United  States  for  public  uses  or  purposes.  The  transaction 
is  not  complete,  nor  does  the  right  of  the  State  vest  until  the  acceptance  and 
approval  of  the  offer  of  exchange  by  the  Secretary  of  the  Interior.  School 
indemnity  selections  offered  by  States  for  lands  classified  as  coal  or  known  to 
be  valuable  for  such  deposits  could  not,  prior  to  April  30,  1912,  be  accepted  or 
approved;  but  these  selections  offered  and  pending  at  the  date  of  passage  of  the 
act  of  April  30,  1912,  may,  in  the  absence  of  intervening  adverse  rights,  and 
upon  proper  election  filed  by  the  States,  now  be  allowed  and  accepted  as  of 
April  30,  1912,  if  there  be  no  other  objection.  *  *  * 

Very  respectfully,  S.  V.  PROUDFIT, 

Assistant  Commissioner. 


[Public— No.  141.] 

An  Act  to  supplement  the  act  of  June  twenty-second,  nineteen  hundred  and  ten, 

entitled  "An  Act  to  provide  for  agricultural  entries  on  coal  lands." 

• 

Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  from  and  after  the  passage  of 
this  act  unreserved  public  lands  of  the  United  States,  exclusive  of  Alaska, 
which  have  been  withdrawn  or  classified  as  coal  lands  or  are  valuable  for  coal 
shall,  in  addition  to  the  classes  of  entries  or  filings  described  in  the  act  of 
Congress  approved  June  twenty -second,  nineteen  hundred  and  ten,  entitled  "An 
act  to  provide  for  agricultural  entries  on  coal  lands,"  be  subject  to  selection 
by  the  several  States  within  whose  limits  the  lands  are  situate,  under  grants 
made  by  Congress,  and  to  disposition,  in  the  discretion  of  the  Secretary  of  the 
Interior,  under  the  laws  providing  for  the  sale  of  isolated  or  disconnected  tracts 
of  public  lands,  but  there  shall  be  a  reservation  to  the  United  States  of  the 
coal  in  all  such  lands  so  selected  or  sold  and  of  the  right  to  prospect  for,  mine, 
and  remove  the  same  in  accordance  with  the  provisions  of  said  act  of  June 
twenty-second,  nineteen  hundred  and  ten,  and  such  lands  shall  be  subject  to  all 
the  conditions  and  limitations  of  said  act. 

Approved,  April  30,  1912. 


612 

FORMS. 
APPROVED  AND  UNAPPROVED. 

[4— COl.] 

No.   .  Land  Office  at   , 

,   19.. 

1^    ,  of    County,    ,   do  hereby  apply   to   purchase 

the Section   ,  in  Township ,  of  Kange   ,  contain- 
ing      acres,  according  to  the  returns  of  the  Surveyor-General,  for  which 

I  have  agree  with  the  register  to  give  at  the  rate  of per  acre. 


I,   ,  Register  of  the  Land  Office  at ,  do  hereby  certify 

that  the  lot  above  described  contains    acres,  as  mentioned  above,  and 

that  the  price  agreed  upon  is   per  acre. 

,  Eegister. 


[4—002.] 

Land  Warrant  No Eegister  and  Receiver's  No 

Military  Bounty  Land  Act  of 

U.  S.  Land  "Office, , 

,  19.. 

We    hereby    certify    that    the    attached    Military    Bounty    Land    Warrant 

( Insert  date  of  act.) 

No. was  on  this  day  received  at  this  office,  from ,  of 

County,  State  of 

,  Register. 

,  Receiver. 

I, ,  of County,  State  of ,  hereby  apply  to  locate  and 

do  locate  the   quarter  of  Section   No ,   in  township  No , 

of  range  No ,  in   the  district  of  lands  subject  to  sale  the  Land  Office 

at    ,   containing    acres   in   satisfaction    of   the   attached    warrant 

numbered ,  issued  under  the  act  of 

(Give  date  of  act.) 
Witness  my  hand  this day  of ,  A.  D.  190. . 


,  Register. 

'. ,  Receiver. 

I  request  the  patent  to  be  sent  to 

U.  S.  Land  Office,   , 

,  190. . 

We  hereby  certify  that  the  above  location  is  correct,  being  in  accordance 
with  law  and  instructions. 

,  Receiver. 

,  Register. 


613 

[4_003.] 

(Form  approved  by  the  Secretary  of  the  Interior,  March  25,  1909.) 
Department  of  the  Interior. 

HOMESTEAD  ENTRY. 

(Act  February  19,  1909.) 
See  pages  196,  210. 

(Utah.) 


[4— 003a.] 

(Form  approved  by  the  Secretary  of  the  Interior,  December  8,  1910.) 
Department  of  the  Interior. 

HOMESTEAD  ENTRY. 

(Enlarged  Homestead  Acts,  Section  6.) 

U.  S.  Land  Office, Serial  No 


Receipt  No 

Application  and  Affidavit. 

I,    . . ( ..),   a   resident   of    ,  do 

(Give  full  Christian  name.)  (Town,  county  and  State.) 

(Male  or  female.) 

hereby  apply  to  enter  under  Section  6  of  the  Act  of  June  17,  1910  (36  Stat., 
(In  Utah,  strike  out  the  act  of  1910  ;  in  Idaho,  strike  out  the  act  of  1909.) 

531),  the Section ,  Township ,  Range , 

Meridian,  containing acres,  within  the land  district;  and 

I  do  solemnly  swear  that  I  am  not  the  proprietor  of  more  than  160  acres  of 
land  in  any  State  or  Territory;  that  I, 

(Applicant  must  state  whether  native-born,  naturalized,  or  has  filed  declaration  of  in- 

citizen  of  the  United  States,  and 

tention  to  become  a  citizen.     If  not  native  born,    certified    copy    of   naturalization    or 

am ; 

declaration  of  intention,  as  case  may  be,  must  be  filed  with  this  application.) 

(State  whether  the  head  of  a  family,  married  or  unmarried,  or  over  twenty-one 
years  of  age,  and  if  not  over  twenty-one,  applicant  must  set  forth  the  facts  which  con- 
stitute him  the  head  of  a  family.) 

that  my  post-office  address  is   ;  that  this  application  is  honestly 

and  in  good  faith  made  for  the  purpose  of  actual  cultivation,  and  not  for  the 
benefit  of  any  other  person,  persons,  or  corporation;  that  I  will  faithfully  and 
honestly  endeavor  to  comply  with  all  the  requirements  of  law  as  to  residence 
and  cultivation  necessary  to  acquire  title  to  the  land  applied  for;  that  I  am  not 
acting  as  agent  of  any  person,  corporation",  or  syndicate  in  making  this  entry, 
nor  in  collusion  with  any  person,  corporation,  or  syndicate  to  give  them  the 
benefit  of  the  land  entered,  or  any  part  thereof,  or  the  timber  thereon;  that  I 
do  not  apply  to  enter  the  same  for  the  purpose  of  speculation,  and  that  I  have 
not  directly  or  indirectly  made,  and  will  not  make,  any  agreement  or  contract, 
in  any  way  or  manner,  with  any  person  or  persons,  corporation,  or  syndicate 
whatsoever,  by  which  the  title  which  I  may  acquire  from  the  Government  of 
the  United  States  will  inure  in  whole  or  in  part  to  the  benefit  of  any  person 
except  myself.  I  have  not  heretofore  made  any  entry  under  the  homestead, 

timber  and  stone,  desert  land,  or  preemption  laws  (except  

(Here  describe  former  entry  or  entries  by    section,    township,    range,    land   district, 

); 

and  number  of  entry ;  how  perfected,  or  if  not  perfected  state  that  fact.) 

that  I  am  well  acquainted  'with  the  character  of  the  land  herein  applied  for 

and  with  each  and  every  legal  subdivision  thereof,  having  personally  examined 


614 

same;  that  there  is  not  to  my  knowledge  within  the  limits  thereof  any  vein  or 
lodge  of  quartz  or  other  rock  in  place  bearing  gold,  silver,  cinnabar,  lead,  tin, 
or  copper,  nor  any  deposit  of  coal,  placer,  cement,  gravel,  salt  spring,  or 
deposit  of  salt,  nor  other  valuable  mineral  deposit;  that  no  portion  of  said 
land  is  claimed  for  mining  purposes  under  the  local  customers  or  rules  of 
miners,  or  otherwise;  that  no  portion  of  said  land  is  worked  for  mineral  during 
any  part  of  the  year  by  any  person  or  persons;  that  said  land  is  essentially 
nonmineral  land,  and  that  my  application  therefor  is  not  made  for  the  purpose 
of  fraudulently  obtaining  title  to  mineral  land;  that  the  land  is  not  occupied 
and  improved  by  any  Indian;  that  the  lands  applied  for  do  not  contain  mer- 
chantable timber,  and  no  timber  except  ; 

(Here  fully  describe  amount  and  kind  of  timber,  if  any.) 
that  it  is  not  susceptible  of  successful  irrigation  at  a  reasonable  cost  from  any 

known  source  of  water  supply  except  the  following  areas:   ; 

(Give  the  subdivision  and  area  of  the  lands,  of  any,  susceptible  of  irrigation.) 
and  because  of  the  lack  of  a  sufficient  supply  of  water  suitable  for  domestic 
purposes,  continuous  residence  on  the  lands  applied  for  is  not  possible. 


(Sign  here,  with  full  Christian  name.) 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  pun- 
ished as  provided  by  law  for  such  offense.     (See  See.  125  U.  S.  Criminal  Code.) 
I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant  in 
my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to  me  per- 
sonally known  (or  has  been  satisfactorily  identified  before  me  by ) ; 

(Give  full  name  and  post-office  address.) 

that  I  verily  believe  affiant  to  be  a  qualified  applicant  and  the  identical  person 
hereinbefore  described;  and  that  said  affidavit  was  duly  subscribed  and  sworn 

to  before  me,  at  my  office,  in .,    ,  within  the    

( Town. )  ( County  and  S  ta  te. ) 

land  district,  this day  of ,  191. . 


(Official  designation  of  officer. ) 

We,  ,  of ,  and  ,  of  ,  do  sol- 
emnly swear  that  we  are  well  acquainted  with  the  above-named  affiant  and 
the  lands  described,  and  personally  know  that  the  statements  made  by  him 
relative  to  the  character  of  the  said  lands  are  true. 


I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiants  in 
my  presence  before  affiants  affixed  signatures  thereto;  that  affiants  are  to  ma 

personally  known  (or  have  been  satisfactorily  identified  before  me  by   

),  and  that  said  affidavit  was  duly  subscribed  to  before  me  at , 

this day  of ,  191. . 


United  States  Land  Office  at , 

,  191.. 

(Official  designation  of  officer.) 

I  hereby  certify  that  the  foregoing  application  is  for  surveyed  land  of  the 
class  which  the  applicant  is  legally  entitled  to  enter  under  Section  6  of  the 
Act  of  June  17,  1910;  that  there  is  no  prior  valid  adverse  right  to  the  same, 
and  has  this  day  been  allowed. 

(In  Utah,  strike  out  the  act  of  1910  ;  in  Idaho,  strike  out  the  act  of  1909.) 


Kegister. 

UNITED  STATES  CRIMINAL  CODE.— CHAP.  6. 

Sec.  125.  Whoever,  having  taken  an  oath  before  a  competent  tribunal, 
officer,  or  person,  in  any  case  in  which  a  law  of  the  United  States  authorizes  an 
oath  to  be  administered,  that  he  will  testify,  declare,  depose,  or  certify  truly, 
or  that  any  written  testimony,  declaration,  deposition,  or  certificate  by  him  sub- 
scribed is  true,  shall  willfully  and  contrary  to  such  oath  state  or  subscribe  any 
material  matter  which  he  does  not  believe  to  be  true,  is  guilty  of  perjury,  and 
shall  be  fined  not  more  than  two  thousand  dollars  and  imprisoned  not  more  than 
five  years.  (Act  March  4,  1909.  35  Stat.,  1111.) 


615 


[4—004.] 

(Form  approved  by  the  Secretary  of  the  Interior,  March  M,  1909.) 
Department  of  the  Interior. 

ADDITIONAL  HOMESTEAD. 

(Act  of  February  19,  1909.) 
See  pages  196,  21U. 


[Form  4—005.] 

APPLICATION  FOE  AMENDMENT. 
See  page  351. 

[4—006.] 

AGRICULTURAL  COLLEGE  SCRIP  OF  JULY  2,  1862. 

Agricultural  Scrip,  No Register  and  Receiver 's  No 

State  of ,  Land  Office, , 

,  18.. 

We  hereby  certify  that  the  attached  Scrip,  No ,  State  of    , 

was  on  this  day  received  at  this  office,  from   ,  of County,  State 

of 

,  Receiver. 

,  Register. 

I, ,  of County,  State  of ,  hereby  apply  to  locate 

and  do  locate  the quarter  of  Section  No ,  in  Township  No , 

of   Range  No ,  in  the   district  of  lands   subject  to   sale   at  the   Land 

Office  at ,  containing acres,  in  satisfaction  of  the  attached  scrip 

numbered  ,  State  of ,  issued  under  the  Act  of  July  2,  1862. 

Witness  by  hand  this day  of ,  A.  D.  18. . 


Attest :  ,  Receiver. 

,  Register. 

I  request  the  patent  to  be  sent  to Land  Office, , 

,  18.. 

We  hereby  certify  that  the  above  location  is  correct,  being  in  accordance 
with  law  and  instructions. 

,  Register. 

,  Receiver. 


[4—007.] 

(Form  approved  by  the  Secretary  of  the  Interior,  November  12,  1907.) 
Department  of  the  Interior. 

HOMESTEAD  ENTRY. 

U.  S.  Land  Office, ,  No 

Application. 

I,    ( ),    a    resident   of    ,    do    hereby 

t<;ivo  full  Christian  name.)  (Town,  County,  and  State!) 

(Male  or  feraalo.) 

apply  to  enter,  under  Section    2289,  Revised   Statutes   of  the   United   States, 
the   Section   ,  Township   ,  Range    ,   Meridian, 


616 

containing    acres,  within  the    land  district;   and  I  do  solemnly 

swear  that  I  am  not  the  proprietor  of  more  than  160  acres   of  land  in  any 

State  or  Territory ;  that  1  

(Applicant  must  state  whether  native  born,  naturalized,  or  has  filed  declaration  of  in- 
tention to  become  a  citizen.  If  not  native  born,  certified  copy  of  naturalization  or 
declaration  of  intention,  as  case  may  be,  must  be  filed  with  this  application.) 

citizen  of  the  United  States,  and  am ; 

(State  whether  the  head  of  a  family,  married  or  unmarried,   or  over  twenty-one  years 
of  age.) 

that  my  post-office  address  is ;  that  this  application  is  honestly  and 

in  good  faith  made  for  the  purpose  of  actual  settlement  and  cultivation,  and 
not  for  the  benefit  of  any  other  person,  persons,  or  corporation;  that  I  will 
faithfully  and  honestly  endeavor  to  comply  with  all  the  requirements  of  law 
as  to  settlement,  residence,  and  cultivation  necessary  to  acquire  title  to  the 
land  applied  for;  that  I  am  not  acting  as  agent  of  any  person,  corporation,  or 
syndicate  in  making  this  entry,  nor  in  collusion  with  any  person,  corporation, 
or  syndicate  to  give  them  the  benefit  of  the  land  entered,  or  any  part  thereof, 
or  the  timber  thereon;  that  I  do  not  apply  to  enter  the  same  for  the  purpose 
of  speculation,  but  in  good  faith  to  obtain  a  home  for  myself,  and  that  I  have 
not  directly  or  indirectly  made,  and  will  not  make,  any  agreement  or  contract, 
in  any  way  or  manner,  with  any  person  or  persons,  corporation,  or  syndicate 
whatsoever,  by  which  the  title  which  I  may  acquire  from  the  Government  of 
the  United  States  will  inure  in  whole  or  in  part  to  the  benefit  of  any  person 
except  myself.  I  further  swear  that  since  August  30,  1890,  I  have  not  entered 
and  acquired  title  to,  nor  am  I  now  claiming,  under  an  entry  made  under  any 
of  the  nonmineral  public-land  laws,  an  amount  of  land  which,  together  with 
the  land  now  applied  for,  will  exceed  in  the  aggregate  320  acres;  and  that  I 
have  not  heretofore  made  any  entry  under  the  homstead  laws  (except 

); 

(Here  describe  former  homestead  entry  bv  section,  township,  range,  land  district, 
and  number  of  entry;  how  perfected,  or  if  not  perfected  state  that  fact.) 
that  I  am  well  acquainted  with  the  character  of  the  land  herein  applied  for 
and  with  each  and  every  legal  subdivision  thereof,  having  personally  examined 
same;  that  there  is  not  to  my  knowledge  within  the  limits  thereof  any  vein 
or  lode  or  quartz  or  other  rock  in  place  bearing  gold,  silver,  cinnabar,  lead, 
tin,  or  copper,  nor  any  deposit  of  coal,  placer,  cement,  gravel,  salt  spring,  or 
deposit  of  salt,  nor  other  valuable  mineral  deposit;  that  no  portion  of  said  land 
is  claimed  for  mining  purposes  under  the  local  customs  or  rules  of  miners,  or 
otherwise;  that  no  portion  of  said  land  is  worked  for  mineral  during  any  part 
of  the  year  by  any  person  or  person?;  that  said  land  is  essentially  nonmineral 
land,  and  that  my  application  therefor  is  not  made  for  the  purpose  of  fraudu- 
lently obtaining  title  to  mineral  land;  that  the  land  is  not  occupied  and  im- 
proved by  any  Indian. 


(Sign  here,  with  full  Christian  name.) 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  pun- 
ished as  provided  by  law  for  such  offense.  (See  Sec.  5392,  E.  S.) 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant  in 
my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to  me  person- 
ally known  (or  has  been  satisfactorily  identified  before  me  by ) ; 

(Oive  full  name  and  post-office  address.) 

that  I  verily  believe  affiant  to  be  a  qualified  applicant  and  the  identical  person 
hereinbefore  described;  and  that  said  affidavit  was  duly  subscribed  and  sworn 

to  before  me,  at  my  office,  in   ,    ,  within  the    

(Town.) 

(County  and  State.) 
land  district,  this day  of ,  19. . 


(Official  designation  of  officer.) 

United  States  Land  Office  at  , 

,  19.. 

I  hereby  certify  that  the  foregoing  application  is  for  surveyed  land  of 
the  class  which  the  applicant  is  legally  entitled  to  enter  under  Section  2289, 
Revised  Statutes  of  the  United  States,  and  that  there  is  no  prior  valid  adverse 
right  to  the  same. 


Register. 
Eeceived   of   the   above-named   applicant   the   sum   of    dollars   and 


617 

cents,  being  the  amount  of  fees  and  compensation  of  the  Register  and 

Beceiver  for  the  entry  of  the  land,  hereinbefore  described,  under  Section  2290, 
Revised  Statutes  of  the  United  States. 


Receiver. 

Revised"  Statutes  of  the  United  States.     Title  LXX. — Crimes. — Chap.  4. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a  competent 
tribunal,  officer,  or  person,  in  any  case  in  which  a  law  of  the  United  States 
authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare,  depose,  or 
certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or  cer- 
tificate by  him  subscribed  is  true,  willfully  and  contrary  to  such  oath  states 
or  subscribes  any  material  matter  which  he  does  not  believe  to  be  true,  is 
guilty  of  perjury,  and  shall  be  punished  by  fine  of  not  more  than  two  thousand 
dollars,  and  by  imprisonment,  at  hard  labor,  not  more  than  five  years;  and 
shall,  moreover,  thereafter  be  incapable  of  giving  testimony  in  any  court  of 
the  United  States  until  such  time  as  the  judgment  against  him  is  reversed. 
(See  Sec.  1750.) 

Note. — In  addition  to  the  above  penalty,  every  person  who  knowingly  or 
willfully  in  anywise  procures  the  making  or  presentation  of  any  false  or  fraudu- 
lent affidavit  pertaining  to  any  matter  within  the  jurisdiction  of  the  Secretary 
of  the  Interior  may  be  punishd  by  fine  or  imprisonment. 

[4-007a.] 

(Form  approved  by  the  Secretary  of  the  Interior  July  24,  1912.) 
Department  of  the  Interior 

APPLICATION  FOR  REDUCTION  OF  THE  REQUIRED  AREA  OF 
CULTIVATION. 

(Sec.  2291,  R.  S.,  as  amended  by  Act  of  June  6,  1912 — Public,  No.  179.) 

U.  S.  Land  Office, ,  No 

I, ,of , 

(Give  post-office  address.) 
having  made  Homestead  Entry  No ,  for  the 


,  Section , 

Township ,  Range ,  Meridian, 

Land  District,  hereby  apply 

for  a  reduction  of  the  required  area  of  cultivation,  and,  being  first  duly  sworn, 
upon  oath  make  the  following  answers  to  the  questions  printed  below,  respectively: 

Question  1.  State  fully,  by  legal  subdivisions,  (a)  the  character  of  the  soil, 
(b")  the  condition  of  the  surface,  (c)  whether  the  land  is  level  or  broken,  (d)  the 
kind  and  amount  of  timber,  or  other  growth,  if  any,  and  (e)  the  altitude,  if 
more  than  1,000  feet  above  the  level  of  the  sea. 

Answer: 


Question  2.     If  you  have  any  improvements  on  the  land,  describe  the  same 
fully  in  amount,  kind,  and  value. 

Answer :    


Question  3.     When  did  you  establish  residence  upon  the  land,  and  for  what 
periods,  if  :xny,  have  you  been  absent  therefrom  since  that  date? 

Answer :    


Question  4.  State  the  number  of  acres,  if  any,  cultivated  in  each  legal  sub- 
division, kind  of  crop  planted,  and  approximate  amount  harvested,  each  year,  since 
-date  of  entry. 

Answer :     .  


618 

Question  5.  Describe  fully  the  climatic  conditions  obtaining  in  the  locality  of 
the  land,  giving  the  approximate  amount  of  rainfall  and  the  temperature  during 
the  ordinary  season  of  cultivation. 

Answer :    . 


Question  6.  State  how  many  acres  of  this  entry  can  be  cultivated  during 
the  second  year  of  the  entry  and  how  many  acres  can  be  cultivated  during  the 
third  year  of  the  entry  and  until  final  proof,  and  state  fully  the  reasons  why  a 
larger  part  of  the  area  of  the  entry  can  not  be  cultivated  in  each  such  year 
respectively. 

Answer :    .          


(Sign  here,  with  full  Christian  name.) 

NOTE. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  punished 
as  provided  by  law  for  such  offense.  See  Section  125,  United  States  Criminal 
Code. 

I  HEREBY  CERTIFY  that  the  foregoing  affidavit  was  read  to  or  by  affiant 
in  my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to  me 
personally  known  (or  has  been  satisfactorily  identified  before  me  by 

(Give  full  name  and  post-office  address.) 

that  1  verily  believe  affiant  to  be  the  identical  person  hereinbefore  described; 

and  that  said  affidavit  was  duly   subscribed   and   sworn  to    before   me,   at   my 

office,  in 

,  within  the 

(County  and   State.)  (Town.) 

Land  District,  this day 

of.. ,19.. 


(Official  designation  of  officer.) 

CORROBORATING  AFFIDAVITS. 

We, ,  of , 

(Give  full  Christian  name.)  (Give  full   post-office  address.) 

years  of  age,  and  by  occupation 

and ,  of , 

(Give    full     Christian    name.)  (Give  full   post-office   address.) 

years  of  age,  and  by  occupation 

do  solemnly  swear  that  we  have  been  well  acquainted  with  the  land   for 

years  and years,  respectively;  that  we  have  read  the  state- 
ments made  in  said  .application;  that  applicant  is  a  person  of  truth  and  veracity, 
and  that  we  know  said  statements  to  be  true. 


(Sign   here,   with   full   Christian  name.) 

(Sign   here,   with   full  Christian  name.) 

I  HEREBY  CERTIFY  that  the  foregoing  affidavit  was  read  to  or  by  affiants 
in  my  presence  before  affiants  affixed  signatures  thereto;  that  affiants  are  to  me 

personally  known    (or  have  been  satisfactorily  identified  before  me  by 

) ,  and  I  verily  believe 

affiants  to  be  credible  witnesses  and  the  identical  persons  hereinbefore  described, 
and  that  said  affidavit  was  duly  subscribed  and  sworn  to  before  me,  at  my  office 

in , -. County, 

(Town.) 

State  of. within  the 

Land  District,  this day  of ,  191.  ..  . 


(Official  designation  of  officer.) 

Note. — Every  person  swearing' falsely  to  the  above  affidavit  will  be  pun- 
as provided  by  law  for  such  offense.  See  Section  125,  United  States  Criminal 
Code. 


619 

UNITED    STATES  LAND  OFFICE  at 

,19. 

We  recommend  that  the  application  be 

(See    out    reasons    here.) 


Register. 
Receiver. 


This  application  may  be  sworn  to  before  any  officer  having  and  using  a  seal. 
It  must  be  filed  in  the  local  land  office  of  the  district  in  which  the  land  is  located. 
It  must  not  be  forwarded  by  applicant  to  the  Commissioner  of  the  General  Land 
Office  or  to  the  Secretary  of  the  Interior. 

The  following  is  quoted  from  a  letter  from  the  Secretary  of  the  Interior  to 
the  Commissioner  of  the  General  Land  Office  under  date  of  July  15,  1912: 

' '  The  Secretary  of  the  Interior  is  authorized,  upon  satisfactory  showing  there- 
for, to  reduce  the  required  area  of  cultivation.  In  the  administration  of  this  provi- 
sion it  is  not  believed  that  the  physical  or  financial  disabilities  or  misfortune  of  the 
entryman  should  be  the  grounds  of  reduction,  but  the  sole  question  should  be  as 
to  whether,  under  the  peculiar  conditions  governing  the  tract  entered,  the  exaction 
of  cultivation  of  this  particular  tract  by  any  entryman  to  the  amount  required 
is  reasonable.  The  exact,  special,  physical,  and  climatic  conditions  of  the  land 
entered  in  each  case  must,  therefore,  determine  whether  the  required  amount 
of  cultivation  should  be  reduced.  f  *  As  a  general  regulation  governing 

applications  for  reduction  in  area  of  cultivation,  it  is  directed  that  all  entrymen 
who  desire  a  reduction  shall  file  applications  therefor  during  the  first  year  of  the 
entry  form  and  upon  forms  to  be  prepared,  and  furnished  by  the  Commissioner  of 
the  General  Land  Office  and  distributed  through  the  land  offices.  Where  a  satis- 
factory showing  is  filed  in  support  of  an  application  for  reduction,  you  will  submit 
the  same  with  your  recommendation  in  the  premises.  Otherwise  the  application 
will  be  by  you  rejected,  subject  to  the  usual  right  of  appeal.  The  final  granting 
of  any  reduction  in  area  of  cultivation  rests  with  the  Secretary  of  the  Interior, 

who  may,  in  appropriate  cases,  defer  action  until  final  proof. 

*****#***** 

"A  mere  breaking  of  the  soil  will  not  meet  the  terms  of  the  statute,  but 
such  breaking  or  stirring  of  the  soil  must  also  be  accompanied  by  planting  or  the 
sowing  of  seed  and  tillage  for  a  crop  other  than  native  grasses." 


Sec.  125,  U.  S.  Criminal  Code:  Whoever,  having  taken  an  oath  before  a  com- 
petent tribunal,  officer,  or  person,  in  any  case  in  which  a  law  of  the  United 
States  authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare,  depose, 
or  certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or  certificate 
by  him  subscribed,  is  true,  shall  willfully  and  contrary  to  such  oath,  state  or  sub- 
scribe any  material  matter  which  he  does  not  believe  to  be  true,  is  guilty  of 
perjury,  and  shall  be  fined  not  more  than  two  thousand  dollars  and  imprisoned 
not  more  than  five  years. 

[4—008.] 
ADDITIONAL  HOMESTEAD  ENTRY. 

Under  Sec.  2306,  U.  S.  Rev.  Stat. 

No 

Application. 

I,   ,  of   ,  County  of   ,  State  of   ,  the  legal 

assignee  of   ,  a  beneficiary  under  Section  2306,  Revised  Statutes 

of  the  United  States,  granting  additional  lands  to  soldiers  and  sailors  who 
served  in  the  Army  or  Navy  of  the  United  States  during  the  war  of  the  rebel- 
lion, do  hereby  apply  to  enter  the  ,  Sec ,  T ,  R , 

P.  M.,  containing acres,  as  additional  to  his  original  homestead 

on  the Sec ,  T ,  R , P.  M.,  containing 

acres,  entered  at ,  per  H.  E.  No ,  dated 19. . 

> 

Assignee  of  


620 

I,  ,  Eegister  of  the  United  States  Land  Office  at    ,  do 

hereby  certify  that    ,  assignee   of    ,  filed  the   above 

application  before  me  this    day  of   ,  19..,  for  the  tract  therein 

described,  and  that  there  is  no  prior  adverse  right  to  the  same. 


Eegister. 

I  hereby  certify  that  the  hereto  attached  assignment  of  additional  home- 
stead under  Section  2306,  Kevised  Statutes,  was  this  day  received  from , 

with  application  to  enter  the  same  on ,  See ,  T ,  R , 

P.  M.,  that  the  same  might  be  noted  upon  the  tract  books  and  further 

action  thereon  suspended  awaiting  instructions  from  the  Commissioner;  that 
the  fee  and  commissions  are  tendered  in  full.  See  letter  February  18,  1890, 
circular  January  25,  1904,  page  238. 


Receiver. 
[4— 008a.] 
(Form  approved  by  the  Secretary  of  the  Interior,  November  12,  1907.) 

Department  of  the  Interior. 
SOLDIER 'S  ADDITIONAL  HOMESTEAD  ENTRY  BY  ASSIGNEE. 

U.  ».  Land  Office, ,  No 

Application. 

I,    \ ),    a    resident    of    ,    the    legal 

(Give  full  Christian  nam«. )  (Give  full  post-office  address.)  (Male  or  female.) 

assignee  of ,  beneficiary  (or  beneficiaries)  under  Section  2306, 

(Give  full  Christian  name  of  beneficiary  or  beneficiaries.) 

Revised  Statutes  of  the  United  States,  granting  additional  lands  to  soldiers  and 
sailors  who  served  in  thv  Army  or  Navy  of  the  United  States  during  the  War 

of  the  Rebellion,  do  herr»by  apply  to  enter   .' ,  Section   ,  Township 

,  Range    ,    ......    Meridian,   containing    acres,   within  the 

land  district,  as  additional  to  the  original  homestead. .   on  the   , 

Section    ,   Township    ,  Range   ,    Meridian,   containing 

acres,  entered  at  tho  United  States  Land  Office  at per  Homestead 

Entry  (or  Entries)   No ,  dated   ,  18..;  and  I  do  solemnly  swear 

that  I  am  a citizen  of  the  United  States,  over  twenty-one  years 

(State  whether  native  born  or  naturalized;  if  naturalized,  certified  copy  of  naturaliza- 
tion must  be  filed  with  this  application.) 

of  age;  that  I  am  the  identical  person  named  in  the  accompanying  assignment 
of ,  the  assignee  of ,  the  original  beneficiary  (or  bene- 
ficiaries) entitled  to  make  soldier's  a*dditional  homestead  entry  (or  entries) 

of   acres  of  public  land  under  the  provisions  of  Section  2306,  Revised 

Statutes,  as  additional  to  the  original  homestead  entry  (or  entries)  above 
described;  that  I  have  purchased  same  in  good  faith  and  am  now  the  holder 
and  owner  thereof;  that  I  have  not  made  an  entry  of  public  lands  as  such 
assignee,  and  that  I  have  not  sclcl  or  disposed  of  said  right  of  entry,  but  that 
the  same  is  vested  in  me  unimpaired;  that  as  such  assignee  I  present  herewith 
the  said  assignments,  together  with  proof  of  right  of  entry  granted  to  the 
said  beneficiary  (or  beneficiaries)  under  the  provisions  of  said  Section  2306. 

*  I  am  well  acquainted  with  the  character  of  the  land  herein  applied  for 
and  with  each  and  every  legal  subdivision  thereof,  having  personally  examined 
the  same;  that  there  is  not  to  tny  knowledge  within  the  limits  thereof  any 
vein  or  lode  of  quartz  or  other  rock  in  place  bearing  gold,  silver,  cinnabar, 
lead,  tin,  or  copper,  nor  any  deposit  of  coal,  placer,  cement,  gravel,  salt  spring, 
or  deposit  of  salt,  nor  other  valuable  mineral  deposit;  that  no  portion  of  said 
land  is  claimed  for  mining  purposes  under  the  local  customs  or  rules  of 
miners,  or  otherwise;  that  no  portion  of  said  land  is  worked  for  mineral  during 
any  part  of  the  year  by  any  person  or  persons;  that  said  land  is  essentially 
nonmineral  land;  that  my  application  therefor  is  not  made  for  the  purpose 
of  fraudulently  obtaining  title  to  mineral  land;  that  the  land  is  not  occupied 
and  improved  by  any  Indian,  and  is  unoccupied,  unimproved,  and  unappro- 
priated by  any  person  claiming  the  same  other  than  myself  (except ) 


(Sign  hero,  with  full  Christian  name.) 

*  Note. — If  applicant  is  not  personally  acquainted  with  the  character  and 
condition  of  the  land  applied  for,  affidavit  as  to  character  and  condition  may 
be  made  by  any  credible  person  having  the  requisite  knowledge. 


621 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  pun- 
ished as  provided  by  law  for  such  offense.     (See  Sec.  5392,  R.  S.,  below.) 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant  in 
my  presence   before   affiant   affixed   signature   thereto;    that   affiant   is   to   mo 

personally  known  (or  has  been  satisfactorily  identified  before  me  by ); 

(Give   full   name  and   ppstoffice  address.) 

that  I  verily  believe  affiant  to  be  a  credible  person  and  the  identical  person 
hereinbefore  described,  and  that  said  affidavit  was  duly  subscribed  and  sworn 

to   before    me,   at   my   office,   in    ,    ,    ,   this    day   of 

(Town.) 

(County  and   State.) 
.,19.. 


(Official   designation   of  officer.) 

United  States  Land  Office  at 

,19.. 

It  is  hereby  certified  that  the  above  application  was  this  day  received 
with  the  attached  assignment  of  soldier's  additional  homestead  entry  that 
same  might  be  noted  on  the  tract  books  and  further  action  thereon  suspended 
until  advice  from  the  Commissioner  of  the  General  Land  Office;  that  the  fees 
and  commissions  were  tendered  in  full,  and  that  there  is  no  prior  or  adverse 
right  to  the  lands  applied  for. 


Register. 


Receiver. 
Revised  Statutes  of  the  United  States.     Title  LXX. — Crimes. — Chap.  4. 

See.  5392.  Every  person  who,  having  taken  an  oath  before  a  competent 
tribunal,  officer,  or  person,  in  any  case  in  which  a  law  of  the  United  States 
authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare,  depose,  or 
certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or  cer- 
tificate by  him  subscribed  is  true,  willfully  and  contrary  to  such  oath  states 
or  subscribes  any  material  matter  which  he  does  not  believe  to  be  true,  is 
guilty  of  perjury,  and  shall  be  punshed  by  fine  of  not  more  than  two  thousand 
dollars,  and  by  imprisonment,  at  hard  labor,  not  more  than  five  years;  and  shall, 
moreover,  thereafter  be  incapable  of  giving  testimony  in  any  court  of  the 
United  States  until  such  time  as  the  judgment  is  reversed.  (See  Sec.  1750.) 

Note. — In  addition  to  the  above  penalty,  every  person  who  knowingly  or 
willfully  in  anywise  procures  the  making  or  presentation  of  any  false  or 
fraudulent  affidavit  pertaining  to  any  matter  within  the  jurisdiction  of  the 
Secretary  of  the  Interior  may  be  punished  by  fine  or  imprisonment. 

[4— 008b.] 

(Form  approved  by  the  Secretary  of  the  Interior,  January  19,  1912.) 
Department  of  the  Interior. 

ISOLATED  TRACT. 
See  page  353. 

(Applicable  to  Nebraska  only.) 

[4— 008c.] 

(Form  approved  by  the  Secretary  of  the  Interior,  January  19,  1912.) 
Department  of  the  Interior. 

ISOLATED  TRACT. 

U.  S.  Land  Office, ,  Serial  No 

Application  and  Affidavit. 

To  the  Commissioner  of  the  General  Land  Office. 

,  of   ,  respectfully  requests  that  the   , 

(Give  full  post-office  address.) 

Section   ,  Township   ,  Range    ,   Meridian,  be  ordered 

into  market  and  sold  under  the  Acts  of  June  27,  1906  (34  Stats.,  517),  and 
March  2,  1907  (34  Stats.,  1224),  at  public  auction,  the  same  having  been  sub- 
ject to  homestead  entry  for  at  least  two  years  after  the  surrounding  lands  were 


622 

entered,   filed   upon,   or   sold   by   the   Government.     Applicant    states   that    he 

(Insert  statement  that  affiant  is  a  native-born  or  naturalized  citizen,  or  has  declared 

intention  to  become  such,  as  the  case  may  be.) 

citizen  of  the  United  States;  that  this  land  contains  no  salines,  coal,  or  other 

minerals,  and  no  stone  except   ;  that  there  is  no  timber  thereon 

(State  amount  and  character.) 

except    trees   of   the    species,   ranging    from    inches    to 

feet  in  diameter,  and  aggregating  about feet  stumpage  measure, 

of  the  estimated  value  of  $ ;  that  the  land  is  not  occupied  except  by 

,  of   post-office,  who  occupies  and  uses  it  for  the  purpose 

of ,  but  does  not  claim  the  right  of  occupancy  under  any  of  the  public 

land  laws;  that  the  land  is  chiefly  valuable  for    ,   and   that  applicant 

desires  to  purchase  same  for  his  own  individual  use  and  actual  occupation  for 
the  purpose  of ,  and  not  for  speculative  purposes. 

That  he  has  not  heretofore  purchased  .public  lands  sold  as  isolated  tracts 
the  area  of  which  when  added  to  the  area  herein  applied  for  will  exceed 
approximately  480  acres.  The  lands  heretofore  purchased  by  him  under  said 
act  are  described  as  follows: 

If  this  request  is  granted  applicant  agrees  to  have  notice  published  at  his 
expense  in  the  newspaper  designated  by  the  register. 

(Applicant  will  answer  fully  the  following  questions.) 

Question  1.  Are  you  the  owner  of  land  adjoining  the  tract  above  described? 
If  so,  describe  the  land  by  section,  township,  and  range. 

Answer 

Question  2.  To  what  use  do  you  intend  to  put  the  isolated  tract  above 
described  should  you  purchase  same? 

Answer 

Question  3.  If  you  are  not  the  owner  of  adjoining  land,  do  you  intend  to 
reside  upon  or  cultivate  the  isolated  tract? 

Answer : 

Question  4.  Have  you  been  requested  by  anyone  to  apply  for  the  ordering 
of  the  tract  into  market?  If  so,  by  whom? 

Answer 

Answer 

Question  5.  Are  you  acting  as  agent  for  any  person  or  persons  or  directly 
or  indirectly  for  or  in  behalf  of  any  person  other  than  yourself  in  making  said 
application? 

Answer 

Question  6.  Do  you  intend  to  appear  at  the  sale  of  said  tract,  if  ordered, 
and  bid  for  same? 

Answer 

Question  7.  Have  you  any  agreement  or  understanding,  expressed  or  im- 
plied, with  any  other  person  or  persons,  that  you  are  to  bid  upon  or  purchase 
the  land  for  them  or  in  their  behalf,  or  have  you  agreed  to  absent  yourself 
from  the  sale  or  refrain  from  bidding  so  that  they  may  acquire  title  to  the  land? 

Answer 


(Sign  here,  with  full  Christian  name.) 

We  are  personally  acquainted  with  the  above-named  applicant  and  the 
land  described  by  him,  and  the  statements  hereinbefore  made  are  true  to  the 
best  of  our  knowledge  and  belief. 


(Sign  here,  with  full  Christian  name.) 


(Sign  here,  with  full  Christian  name.) 

I  certify  that  the  foregoing  application  and  corroborative  statement  were 
read  to  or  by  the  above-named  applicant  and  witnesses  in  my  presence,  before 
affiants  affixed  their  signatures  thereto;  that  affiants  are  to  me  personally  known 

(or  have  been  satisfactorily  identified  before  me  by  ) ; 

(Give  full  name  and  post-office  address.) 

that  I  verily  believe  affiants  to  be  credible  persons,  and  the  identical  persons 
hereinbefore  described;  that  said  affidavits  were  duly  subscribed  and  sworn 
to  before  me,  at  my  office  at ,  this day  of ,  191 . . 


(Official   designation  of  officer.) 


623 

[4—011.] 

APPLICATION  TO  PURCHASE. 

To  the  Eegistcr  and  Receiver, 

United  States  Land  Office  at 

The  undersigned,  claimant. .  under  the  provisions  of  the  Revised  Statutes 
of  the  United  States,  Chapter  Six,  Title  Thirty-two,  and  legislation  supple- 
mental thereto,  hereby  appl...  to  purchase  that  Mining  Claim  known  as 

the ,  Section ,  in  Township  No ,  of  Range  No , 

Meridian,  designated  as  Lot. .  No ,  said  Lot. .  No extend- 
ing   feet  in  length  along  said vein  or  lode,  but  expressly  excepting 

and  excluding  from  this  application  all  that  portion  of  the  ground  embraced  in 

mining  claim.,  or  survey.,  designated  at  Lot..  No ,  and  also 

all  that  portion  of  any  vein  or  lode  the  top  or  apex  of  which  lies  inside  of 

said  excluded  ground;  said  Lode  claim  embracing acres  in  said 

Mill-Site  claim  acres,  in  the Mining  District,  in  the  County 

of  ,  and of  ,  as  shown  by  the  survey  thereof,  and  herebj* 

agree. .  to  pav  therefor dollars,  being  the  legal  price  thereof. 

Dated ,  190..  


I,   ,  Register  of  the  Land  Office  at    ,  do  hereby 

certify  that  the  aforesaid  Mining  Claim  or  Lot..    No as  applied  for 

above,  is  subject  to  entry  by  the  above-named  applicant. . ;  the  area  of  said 

Lode claim  being acres  and  of  said  Mill-Site  claim acres, 

and  the  legal  price  thereof dollars. 

,  190..  , 

Register. 

[4—012.] 

A. 
Acts  of  June  22,  I860,  March  2,  1867,  and  June  10,  1872. 

Register  and  Receiver 's  No Certificate  of  Location  No 

Issued  by  virtue  of  a  decree  rendered  on  the day  of by  the 

Supreme  Court  of  the  United  States,  for  the  claim  of or 

legal  representatives. 

I,  ,  hereby  apply  to  locate  with  the  above-described  certifi- 
cate    quarter  of  Section  No ,  in  Township  No ,  of  Range 

No ,  containing acres,  in  the  district  of  lands  subject  to  sale  at 


Witness  my  hand  this day  of ,  A.  D.  18.  . 

Attest: 


Register. 
Receiver. 

[4—  012a.] 
VALENTINE  LAND  SCRIPT. 

Act  of  April  5,  1872. 
Special  Certificate  of  Location  E  No  ....... 

Excess  Receipt  No  .......  ,  $  ......  Register  and  Receiver's  No 

Issued  to  Thomas  B.  Valentine. 

U.  S.  Land  Office, 


We   hereby  certify  that   the   attached   Special   Certificate   of    Location   E 
No  .......    was   on   this   day   received   at   this   office,   from    ............  ,   of 

......  County,  State  of  ...... 

........................  ,  Register. 

........................  ,  Receiver. 


624 

I, ,  of County,  State  of ,  hereby  apply  to  locate 

and  do  locate  the quarter  of  Section  No in  Township  No , 

of  Range  No , Meridian  in  the  District  of  Lands  subject  to  sale 

at  the  Land  Office  at  ,  containing  acres,  in  satisfaction  of  the 

attached  Special  Certificate  of  Location  E  No ,  issued  to  said  Thomas 

B.  Valentine,  under  Act  of  Congress  approved  April  5,  1872. 

Witness  my  hand  this day  of ,  A.  D.  1 


Attest: 

,  Eegister. 

,  Receiver. 

U.  S.  Land  Office, 

,  1... 

We  hereby  certify  that  the  above  location  is  correct,  being  in  accordance 
with  law  and  instructions. 

,  Register. 

,  Receiver. 

[4— 012b.] 

DEPARTMENT  OF  THE  INTERIOR. 

U.  S.  Land  Office, ,  No 

INDIVIDUAL  CLAIMANT. 

Application  and  Affidavit. 
Act  of  July  1, 1898  (30  Stat.,  597-620),  and  Act  of  May  17,  1906  (34  Stat.,  197). 

I, ( ),  of ,  having  made  relinquish- 

(Give  full  Christian  name.)  (Male  or  female.)    (Town,  County,  and  State.) 

ment  of  my claim,  No ,  covering ,  Section ,  Town- 

(Kind.) 

ship   ,  Range   ,   Meridian,  within  the   land  district, 

containing   acres,  heretofore  included  in  the  conflicting  claims  of  the 

Northern  Pacific  Railroad  Company,  or  its  successor  in  interest,  and  myself, 
which  relinquishment  was  duly  accepted  by  the  Commissioner  of  the  General 

Land  Office,  ,  191..,  do  hereby  make  application  to  select  in  lieu 

of  the  lands  so  relinquished  the  following  lands,  to-wit:  in 

land  district;  and  I  do  solemnly  swear  that  my  post-office  address  is , 

that  I,  an  individual  claimant,  under  the  Act  of  July  1,  1898   (30  Stat.,  597- 

620), am  acquainted  with  the  lands  sought  to  be  selected  under 

the  foregoing  application,  and  have  examined  every  subdivision  thereof;  that 
there  is  not  to  my  knowledge  within  the  limits  of  said  land  any  vein  or  lode 
of  quartz  or  other  rock  in  place  bearing  gold,  silver,  cinnabar,  or  other  mineral 
substance;  that  there  is  not  within  the  limits  of  said  land  to  my  knowledge 
any  placer  or  other  valuable  mineral  deposits  or  any  salines;  that  no  portion 
of  said  land  is  claimed  for  mining  purposes  under  local  customs  or  rules  of 
miners,  or  otherwise;  that  no  portion  of  said  land  is  worked"  for  mineral  during 
any  part  of  the  year;  .that  said  land  is  essentially  nonmineral  land;  that  it 
does  not  to  my  knowledge  contain  any  valuable  stone,  iron,  or  coal;  that  it  is 
not  reserved  in  any  manner,  is  not  subject  to  any  valid  claim  whatsoever,  and 
is  not  occupied  by  any  settler.  And  further  affiant  saith  not. 


(Sign  here  with  full  Christian  name.) 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  pun- 
ished as  provided  by  law  for  such  offense.     (See  Sec.  125,  U.  S.  Criminal  Code.) 
I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant  in 
my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to  me  per- 
sonally know  (or  has  been  satisfactorily  identified  before  me  by ) ; 

(Give  full  name  and  post-office  address.) 

that  I  verily  believe  affiant  to  be  a  qualified  applicant  and  the  identical  person 
hereinbefore  described;  and  that  said  affidavit  was  duly  subscribed  and  sworn 

to  before  me,  at  my  office,  in    ,   ,  within  the    

(Town.)  (County  and  State.) 

land  district,  this day  of ,  191. . 


(Official  designation  of  officer.) 


625 
United  States  Land  Office  at. 


,  191.. 

We  hereby  certify  that  we  have  carefully  considered  the  foregoing  appli- 
cation, and  have  critically  examined  the  plats  and  records  of  this  office,  so 
far  as  they  apply  to  the  lands  sought  to  be  selected.  Finding  that  the 
application  and  proofs  fully  conform  to  the  statute  and  regulations  there- 
under, and  that  the  lands  selected  appear  by  the  records  of  this  office  to  be 
subject  to  such  selection,  we  have  accepted  the  application  and  have  made 
due  notation  thereof  upon  the  records  pending  the  advice  of  the  Commis- 
sioner of  the  General  Land  Office. 

,  Register. 

,  Receiver. 

Note  1. — This  application  will  not  be  treated  as  an  entry  nor  will  certifi- 
cate issue  thereon  until  it  has  been  accepted  by  the  Commissioner  of  the 
General  Land  Office. 

Note  2. — This  affidavit  may  be  made  before  the  Register  or  Receiver 
of  the  local  land  office  or  before  any  other  officer  authorized  to  administer  an 
oath. 

If  the  claim  relinquished  be  a  desert  land  claim,  timber  culture  claim, 
or  a  timber  purchase  claim,  which  has  not  been  carried  to  final  entry  and 
certificate,  or  to  the  submission  of  final  proof  entitling  the  claimant  to  final 
entry  and  certificate,  the  applicant  must  also  make  proof  of  the  character 
of  th«  land  selected,  as  required  by  the  regulations  controlling  that  class 
of  claims. 

To  the  end  that  the  applicant  may  receive  an  early  adjudication  of  his 
right  to  make  the  transfer  or  selection,  the  local  officers  will  forward  at  once 
all  applications  made  under  this  Act. 

United  States  Criminal  Code — Chapter  6  (35  Stat.,  llll). 

Sec.  125.  Whoever,  having  taken  an  oath  before  a  competent  tribunal, 
officer,  or  person,  in  any  case  in  which  a  law  of  the  United  States  authorizes 
an  oath  to  be  administered,  that  he  will  testify,  declare,  depose,  or  certify 
truly,  or  that  any  written  testimony,  declaration,  deposition,  or  certificate 
by  him  subscribed,  is  true,  shall  willfully  and  contrary  to  such  oath  state  or 
subscribe  any  material  matter  which  he  does  not  believe  to  be  true,  is  guilty 
of  perjury,  and  shall  be  fined  not  more  than  two  thousand  dollars  and  im- 
prisoned not  more  than  five  years.  Act  March  4,  1909  (35  Stat.,  1111). 

[4—018] 
Department  of  the  Interior. 

ADDITIONAL  HOMESTEAD. 
Act  of  April  28,  1904. 

U.  S.  Land  Office, ,  No.. 

Application  and  Affidavit. 

Receipt  No 

I,  ,  of ,  do  hereby  apply 

to  enter  under  section  2  of  the  Act  of  April  28,  1904  (33  Stat.,  527),  the 

Section ,  Township ,  Range , 

Meridian,  containing acres,  as  additional  to  my 

Homestead  Entry  No ,  made at 

Land  Office  for  the Section , 

Township ,  Range ,  Meridian. 

I  do  solemnly  swear  that  I  am  the  owner  of  and  am  residing  upon  the 
land  included  in  my  original  entry  above  described,  and  that  this  application 
is  made  for  my  exclusive  benefit  as  an  addition  to  my  original  homestead 
entry,  and  not  directly  or  indirectly  for  the  use  or  benefit  of  any  other  person 
or  persons  whomsoever,  and  that  I  have  not  heretofore  made  an  entry  under 

the  homestead  laws  other  than  that  above  described,  except 

;  that  since  August  30,  1890,  I 

have  not  entered  and  acquired  title  to,  nor  am  I  now  claiming,  under  an  entry 
made  under  any  of  the  nonmineral  public  land  laws,  an  amount  of  land  which, 
together  with  the  land  now  applied  for,  will  exceed  in  the  aggregate  320 
acres;  that  I  am  well  acquainted  with  the  character  of  the  land  herein  applied 
for  and  with  each  and  every  legal  subdivision  thereof,  having  personally 


626 

examined  same;  that  there  is  not  to  my  knowledge  within  the  limits  thereof 
any  vein  or  lode  of  quartz  or  other  rock  in  place  bearing  gold,  silver,  cinnabar, 
lead,  tin,  or  copper,  nor  any  deposit  of  coal,  placer,  cement,  gravel,  salt  spring, 
or  deposit  of  salt,  nor  other  valuable  mineral  deposit;  that  no  portion  of 
said  land  is  claimed  for  mining  purposes  under  the  local  customs  or  rules  of 
miners,  or  otherwise;  that  no  portion  of  said  land  is  worked  for  mineral 
during  any  part  of  the  year  by  any  person  or  persons;  that  said  land  is 
essentially  nonmineral  land,  and  that  my  application  therefor  is  not  made 
for  the  purpose  of  fraudulently  obtaining  title  to  mineral  land;  that  the  land 
is  not  occupied  and  improved  by  any  Indian. 

(Sign  here,  with  full  Christian  name.) 


Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be 
punished  as  provided  by  law  for  such  offense.  (See  sec.  5392,  R.  S.) 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant  in 
my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to  me 
personally  known  (or  has  been  satisfactorily  identified  before  me  by 

) ;   that  I  verily  believe 

(Give  full  name  and  post-office  address.) 

affiant    to    be    a    qualified    applicant    and    the    identical    person    hereinbefore 
described;  and  that  said  affidavit  was  duly  subscribed  and  sworn  to  before 

me,  at  my  office,  in ,  within  the 

(Town.) 

(County  and  State.) 
land  district,  this day  of ,  19..... 


(Official  designation  of  officer.) 

We, ,  of ,   and , 

of ,  do  solemnly  swear  that  we  are  acquainted  with 

the  above-named  applicant  and  know   that  he  is  the  owner  of  and  residing 
upon  the  land  embraced  in  his  original  entry  above  described. 


I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiants 
in  my  presence  before  affiants  affixed  signatures  thereto;  that  affiants  are 
to  me  personally  known  (or  have  been  satisfactorily  identified  before  me 

by ) ;  and  that  said  affidavit  was  duly 

(Give  full  name  and  post-office  address.) 

subscribed  and  sworn  to  before  me  at this 

day  of.. j,.. ,19 


(Official  designation  of  officer.) 

United  States  Land  Office  at 

,  19.... 

I  hereby  certify  that  the  foregoing  application  is  for  surveyed  land  of 
the  class  which  the  applicant  is  legally  entitled  to  enter  under  section  2289, 
Revised  Statutes  of  the  United  States;  that  there  is  no  prior  valid  adverse 
right  to  the  same,  and  has  this  day  been  allowed. 


Register. 
Revised  Statutes  of  the  United  States.    Title  LXX.— Crimes.— Chap.  4. 

Sec.  5392.  Every  person  who,  laving  taken  an  oath  before  a  competent 
tribunal,  officer,  or  person,  in  any  case  in  which  a  law  of  the  United  States 
authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare,  depose,  or 
certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or  certifi- 
cate by  him  subscribed  is  true,  willfully  and  contrary  to  such  oath  states  or 
subscribes  any  material  matter  which  he  does  not  believe  to  be  true,  is  guilty 
of  perjury  and  shall  be  punished  by  a  fine  of  not  more  than  two  thousand 
dollars,  and  by  imprisonment,  at  hard  labor,  not  more  than  five  years;  and 
shall,  moreover,  thereafter  be  incapable  of  giving  testimony  in  any  court  of 
the  United  States  until  such  time  as  the  judgment  against  him  is  reversed. 
(See  Sec.  1750.) 

Note. — In  addition  to  the  above  penalty,  every  person  who  knowingly  or 
willfully  in  any  wise  procures  the  making  or  presentation  of  any  false  or 
fraudulent  affidavit  pertaining  to  any  matter  within  the  jurisdiction  of  the 
Secretary  of  the  Interior  may  be  punished  by  fine  or  imprisonment. 


627 
[4— 018a.] 

DEPARTMENT  OF  THE  INTERIOR, 
United  States  Land  Office, 


By  authority  of  General  Land  Office  letter  "P"  of ,  190 , 

you  are  hereby  notified  that  a  special  agent  of  that  office  has  filed  the  following 

charges  against  the  validity  of  your Entry  No , 

made , ,  for 

to  wit :    .  


You  are  notified  that  if  you  fail  to  file  in  this  office,  within  thirty  days 
of  date  of  service  of  this  notice,  a  written  or  printed  answer,  under  oath, 
denying  each  of  said  charges,  or  showing  a  state  of  facts  rendering  said 
charges  immaterial,  and  applying  for  a  hearing  to  determine  the  truth  of 
said  charges  and  answer,  or  if  you  fail  to  appear  at  a  hearing  applied  for, 
your  said  above  entry  or  claim  will  be  rejected,  and,  if  of  record,  will  be 
canceled. 

Very  respectfully,  . 


Register. 

INSTRUCTIONS. 

Manner  of  Proceeding  upon  Special  Agents'  Reports. 

DEPARTMENT  OF  THE  INTERIOR, 

General  Land  Office, 

Washington,  D.  C.,  November  25,  1907. 
To  Special  Agents  and  Registers  and  Receivers,  United  States  Land  Offices: 

The  following  rules  are  prescribed  for  the  government  of  proceedings  had 
upon  the  reports  of  special  agents  of  this  office.  All  existing  instructions  in 
conflict  herewith  are  superseded. 

1.  The   purpose   hereof   is   to   secure   speedy  action   upon   claims   to   the 
public  lands,  and  to  allow  claimant,  entryman,   or  other  claimant  of  record, 
opportunity  to  file  a  denial  of  the  charges  against  the  entry  or  claim,  and  to 
be  heard  thereon  if  he  so  desires. 

2.  Upon   receipt   of   the   special   agent's   report   this   office   will   consider 
the  same  and  determine  therefrom  whether  the  charges,  if  true,  would  warrant 
the  rejection  or  cancellation  of  the  entry  or  claim. 

3.  Should    the    charges,    if    not    disputed,   justify    the    rejection    or    can- 
cellation of  the   entry  or  claim  the  local  officers  will  be  duly  notified  thereof 
and  directed  to  issue  notice  of  such  charges  in  the  manner  and  form  hereinafter 
provided   for,    which    notice   must   be    served    upon    the   entryman    and    other 
parties  in  interest  shown  to  be  entitled   to  notice. 

4.  The  notice  must  be  written  or  printed  and  must  state  fully  the  charges 
as   contained  in   the  letter  of   this   office,  the  number   of   the   entry   or  claim, 
subdivision  of  land  involved,  name  of  entryman  or  claimant  or  other  known 
parties  in  interest. 

5.  The  notice  must  also  state  that  the  charges  will  be  accepted  as  true, 
(a)  unless  the  entryman  or  claimant  files  in  the  local  office  within  thirty  days 
from  receipt  of  notice  a  written  denial,  under  oath,  of  said  charges,  with  an 
application  for  a  hearing,  (b)  or  if  he  fails  to  appear  at  any  hearing  that  may 
be  ordered  in  the  case. 

6.  Notice  of  the  charges  may  in  all  cr.ses  be  served  personally  upon  the 
proper  party  by  any  officer  or  person,  or  by  registered  letter  mailed  to  the 
last  address  of  the  party  to  be  notified,  as  shown  by  the  record,  and  to  the 
postoffice  nearest  to  the  land.     Proof  of  personal  service  shall  be  the  written 


628 

acknowledgment  of  the  person  served,  or  the  affidavit  of  the  person  who  served 
the  notice  attached  thereto,  stating  the  time,  place,  and  manner  of  service. 
Proof  of  service  of  notice  by  registered  mail  shall  consist  of  the  affidavit  of 
the  person  who  mailed  the  notices,  attached  to  the  postoffice  registry  return 
receipts,  or  the  returned  unclaimed  registered  letters. 

7.  If  a  hearing  is  asked  for,  the  local  officers  will  consider  the  same  and 
confer  with  the  special  agent  relative  thereto  and  fix  a  date  for  the  hearing, 
due  notice  of  which  must  be  given  entryman  or  claimant.     The  above  notice 
may  be  served  by  registered  mail. 

8.  The  chief  of  field  division  will  duly  submit,  upon  the  form  provided 
therefor,  to  this  office,  an  estimate  of  the  probable  expense  required  on  behalf 
of  the  Government,     He  will  also  cause  to  be  served  subpoenas  upon  the  Gov- 
ernment witnesses  and  take  such  other  steps  as  are  necessary  to  prepare  the 
case  for  prosecution. 

9.  The  special  agent  must  appear  with  his  witnesses  on  the  date  and  at 
the  place  fixed  for  said  hearing,  unless  he  has  reason  to  believe  that  no  appear- 
ance for  the  defense  will  be  made,  in  which  event  no  appearance  on  behalf  of 
the   Government   will   be   required.      The   special    agent   must,   therefore,   keep 
advised  as  to  whether  the  defendant  intends  to  appear  at  the  hearing.     The 
chief  of  field  division  may,  when  present,  conduct  the  hearing  on  behalf  of  the 
Government. 

10.  If  the  entryman  or  claimant  fails  to  deny  the  charges  under  oath  and 
apply  for  a  hearing,  or  fails  to  appear  at  the  hearing  ordered,  without  showing 
good  cause  therefor,  such  failure  will  be  taken  as  an  admission  of  the  truth 
of  the   charges  contained  in  the  special   agent 's  report  and  will  obviate   any 
necessity  for  the  Government's  submitting  evidence  in  support  thereof. 

11.  Upon  the  day  set  for  the  hearing  and  the  day  to  which  it  may  be 
continued  the  testimony  of  witnesses  for  either  party  may  be  submitted,  and 
both  parties,  if  present,  may  examine  and  cross-examine  the  witnesses,  under 
the  rules,  the  Government  to  assume  the  burden  of  proving  the  special  agent's 
charges. 

12.  If  the  entryman  or  claimant  fails  to  apply  for  a  hearing  or  to  appear 
at  a  hearing  applied  for,  as  provided  in  paragraph  10,  or  if  a  hearing  is  had, 
as  provided  in  paragraph  11,  the  local  officers  will  render  their  decision  upon 
the  record,  giving  due  notice  thereof  in  the  usual  manner. 

13.  Appeals  or  briefs  must  be  filed  under  the  rules  and  served  upon  the 
special  agent   in   charge   of   hearing.         The   special   agent   will   not   file   any 
appeal  or  brief  unless  directed  to  do  so  by  this  office,  or  the  chief  of  field 
division. 

14.  The  above  proceedings  will  be  governed   by  the  Rules  of  Practice. 
All  notices  served   on   claimants  or  entrymen   must   likewise  be   served  upon 
transferees  or  mortgagee,  as  provided  in  Rule  8%  of  Practice. 

15.  At  the  conclusion  of  the  hearing  the  chief  of  field  division  will  pay  all 
proper  charges  for  the  Government's  case,  upon  proper  vouchers  when  required; 
and  he  will  at  once  make  return  thereon  to  this  office,  showing  the  amount  of 
authorization  expended. 

Very  respectfully, 

R.  A.  Ballinger, 

Commissioner. 
Approved: 

G.  W.  "Woodruff. 

Acting  Secretary. 

[4—019] 
Form  C.  Department  of  the  Interior. 

WATER-RIGHT  APPLICATION. 
Act  June  17,  1902   (32  Stat.,  388). 

Project. 

U.  S.  Land  Office,  No 

Lands  Allotted  to  Indians. 


(Date.) 

I, ,  an  Indian  allottee  subject  to  the  jurisdiction 

of  the ,  in  charge  of  the 


629 

Indian ,  do  hereby  apply  for  a  water  right  under 

the Project,  subject  to  the  provisions  of  the  Act 

of  Congress  approved  June  17,  1902  (32  Stat.,  388),  known  as  the  Reclamation 
Act,  and  the  rutes  and  regulations  established  thereunder,  the  water  supplied 
in  pursuance  thereof  to  be  used  for  the  irrigation  of,  and  to  be  appurtenant 

to, acres  of  irrigable  land,   as  shown   on  plats   on   file  in   this 

office  approved  by  the  Secretary  of  the  Interior,  within  the  area  described 
as  follows :  

,  Section ,  Township , 

Range ,  Meridian,  an  area  of acres. 

The  amount  of  water  to  be  furnished  hereunder  shall  be 

acre-feet  of  water  per  annum  per  acre  of  irrigable  land,  as  aforesaid,  measured 
at  the  land;  or  so  much  thereof  as  shall  constitute  the  proportionate  share  per 
acre  from  the  water  supply  actually  available  for  the  lands  under  said  project: 
Provided,  That  the  supply  furnished  shall  be  limited  to  the  amount  of  water 
beneficially  used  on  said  irrigable  land. 

I  hereby  agree  that  the  Commissioner  of  Indian  Affairs  shall  pay  from  any 
funds  in  his  hands  or  subject  to  his  control  belonging  to  me  for  said  water 
right  the  estimated  cost  of  construction  as  fixed  by  the  Secretary  of  the 

Interior,  namely,  the  sum  of  $ per  acre  for  the  said  area  of  irrigable 

land,  in annual  installments,  and  shall  pay  promptly  when  due  the 

annual  installments  and  the  maintenance  and  operating  charges  duly  assessed 
against  said  land  on  account  of  said  water  right. 

It  is  further  agreed  that,  upon  failure  to  comply  with  the  terms  of  said 
Reclamation  Act  and  the  regulations  thereunder,  so  far  as  applicable,  this  appli- 
cation shall  be  subject  to  cancellation  by  the  Secretary  of  the  Interior,  with 
the  forfeiture  of  all  rights  acquired  thereunder  and  of  all  payments  made 
thereon. 

This  application  must  bear  the  certificate,  as  hereto  attached,  of  the 
water  users'  association  under  this  project,  which  has  entered  into  contract 
with  the  Secretary  of  the  Interior. 

If  the  Secretary  of  the  Interior  has  made  no  contract  with  a  water  users' 
association  under  this  project,  I  agree  to  file,  upon  direction  of  the  Secretary 
of  the  Interior,  evidence  of  membership  in  the  water  users'  association  or- 
ganized under  the  said  project;  in  default  of  which,  this  application  shall  be 
subject  to  cancellation  by  the  Secretary  of  the  Interior,  with  the  forfeiture 
of  all  rights  acquired  thereunder  and  of  all  payments  made  thereon. 

And  I  hereby  certify  that  my  postoffice  address  is , 

that  the  postoffice  address  of  said is ; 

that  I  am years  of  age  and  a  bona  fide  resident  upon  said  land  (or 

an  occupant  thereof,  residing  in  the  neighborhood,  namely,  upon  Section , 

Township ,  Range ,  Meridian,  a  distance  in  a 

direct  line  of miles  therefrom);  that  I  hold  the  following  interest  in 

the  said  tract:  

as  duly  shown  upon  the  records  of County,  ; 

that  I  have  made  no  other  application,  now  uncanceled,  for  a  water  right  under 
said  Act  of  Congress,  appurtenant  to  land  now  owned  or  claimed  by  me,  except 
as  follows: 

Application  No ,   Project,,  

for Section ,   Township 

Range ,   Meridian,  an  area  of 

acres,  and  containing acres   or  irrigable   land,   as  determined  by 

the  Secretary  of  the  Interior;  and  that  the  present  application  is  made  on 
my  behalf,  and  not  at  the  instance  or  for  the  benefit  of  any  other  person  or 
any  association  or  corporation,  either  directly  or  indirectly. 

It  is  further  understood  and  agreed  that  if  the  interest  of  the  applicant 
in  said  land  shall  cease  and  said  interest  shall  be  held  by  a  party  who  is 
not  qualified  to  apply  for  or  hold  a  water  right  under  the  provisions  of  the 
Reclamation  Act,  this  application  shall  be  subject  to  cancellation  by  the  Secre- 
tary of  the  Interior,  with  the  forfeiture  of  all  rights  acquired  thereunder  and 
of  all  payments'  made  thereon. 

It  is  further  understood  and  agreed  that  the  evidence  of  ownership  of  this 
water  right  shall  not  be  issued  by  the  United  States  until  fee  simple  title 
to  said  land  is  vested  in  the  allottee  and  after  final  payment  hereon  is  made, 


630 


in  default  of  which  this  application  shall  be  subject  to  such  action  as  may  be 
deemed  proper  by  the  Secretary  of  the  Interior. 


(Applicant  sign  here.) 

By . 

in  charge  of  said 


(If  the  Secretary  of  the  Interior  has  entered  into  a  contract  with  'a  water 
users'  association  under  the  project,  the  following  certificate  must  be  filled  out.) 


(Place.) 


(Date.) 

I  hereby  certify  that  the  applicant  for  this  water  right  has 

duly  subscribed  for  the  stock  of  this  association  for  the  lands  described  herein' 
and  that  all  assessments  levied  against  said  stock  bv  said  association  have 
been  fully  paid  up  to  date. 


Secretary, 

•  •  •  Water  Users '  Association. 

(Corporate  seal.) 


631 

4—020. 
Department  of  the  Interior. 

WATER-RIGHT  APPLICATION. 
Act  June  17,  1902  (32  Stat.,  388). 

Project. 

U.  S.  Land  Office Serial  No. 

Lands  in  Private  Ownership. 


(Date.) 

,  hereinafter  called  the  applicant, 

hereby  applies  for  a  water  right  under  the Unit, 

Project,  subject  to  the  provisions  of  the  Act  of  Con- 
gress approved  June  17,  1902  (32  Stat.,  388),  known  as  the  Reclamation  Act, 
and  the  rules  and  regulations  established  thereunder,  the  water  supplied  in  pursu- 
ance thereof  to  be  used  for  the  irrigation  of,  and  to  be  appurtenant  to, 

acres  of  irrigable  land,  as  shown  on  plats  approved  by  the  Secretary  of  the 
Interior,  within  the  area  described  as  follows :  


,  Section   , 

Township ,  Range , Meridian, 

an  area  of acres. 

The  quantity  of  water  to  be  furnished  hereunder  shall  be acre- 
feet  of  water  per  annum  per  acre  of  irrigable  land,  as  aforesaid,  measured  at  the 
land;  

or  so  much  thereof  as  shall  constitute  the  proportionate 

share  per  acre  from  the  water  supply  actually  available  for  the  lands  under  such 
project :  Provided,  That  the  supply  furnished  shall  be  limited  to  the  amount  of 
water  beneficially  used  on  said  irrigable  land:  Provided,  however,  that  if  measuring 
devices  are  not  installed  at  the  land,  an  increase  deemed  reasonable  by  the  Reclama- 
tion Service  official  in  charge  of  the  project  shall  be  made  for  losses  of  water  after 
passing  the  point  of  measurement. 

The  applicant  hereby  agrees  on  behalf  of  himself,  his  heirs,  administrators, 
and  assigns  to  pay  for  said  water  right  the  estimated  cost  of  construction  as  fixed 

by  the  Secretary  of  the  Interior,  namely,  the  sum  of  $ per  acre 

for acres  of  irrigable  land, 


in  not  more  than annual 

installments,  and  to  pay  promptly  when  due  the  annual  installments  and  the 
operation  and  maintenance  charges  duly  assessed  against  said  land  on  account  of 
said  water  right,  each  and  all  of  which  installments  and  operation  and  mainte- 
nance charges  are  hereby  made  and  shall  be  a  lien  against  the  above-described 
premises,  such  liens  attaching  immediately  upon  the  execution  hereof  and  being 
enforcible  as  to  each  and  every  installment,  or  charge,  or  portion  thereof  at  such 
time  as  the  same  shall  become  due  in  pursuance  of  public  notice  issued  by  the 
Secretary  of  the  Interior. 

It  is  further  agreed  and  provided  that  such  lien  or  liens  shall  have  the  full 
force  and  effect  of  a  mortgage  or  deed  of  trust  and  vest  in  the  United  States 
all  the  rights  and  powers  which  might  be  exercised  and  all  benefits  which 
might  be  claimed  by  the  mortgagee  in  a  real  estate  mortgage  given  to  secure  the 
payment  of  a  loan  or  debt,  including  the  right  of  foreclosure  by  or  on  behalf 
of  the  United  States  in  any  court  of  competent  jurisdiction  and  the  applicant 
grants  to  the  United  States  or  its  transferee  all  the  rights,  powers  and, 
authority  in  and  over  the  above-described  premises  which  might  be  exercised  by 
the  trustee  named  in  a  deed  of  trust  given  to  secure  the  payment  of  a  loan  or  debt. 

The  applicant  further  agrees  and  binds  himself,  his  heirs,  administrators,  and 
assigns  to  pay  all  taxes  and  other  liens  and  encumbrances  which  are  now  or  may 
hereafter  (during  the  life  of  the  lien  herein  given  to  the  United  States)  become  a 
superior  lien  or  encumbrance  to  that  of  the  United  States,  and  if  the  applicant, 
his  administrators,  executors,  heirs,  or  assigns  fail  to  pay  any  such  tax,  lien,  or 
encumbrance  when  due,  the  United  States  may  pay  the  same  and  add  the  amount 


632 

thereof  to  the  lien  held  by  the  United  States  under  this  agreement  and  recover  the 
same. 

It  is  further  agreed  that  upon  failure  of  the  applicant  to  comply  with  the 
terms  of  said  Eeclamation  Act  and  the  regulations  thereunder,  this  application 
shall  be  subject  to  cancellation  by  the  Secretary  of  the  Interior,  with  the  for- 
feiture of  all  rights  acquired  thereunder  and  of  all  payments  made  thereon. 

This  application  must  bear  the  certificate,  as  hereto  attached,  of  the  water 
users'  association  under  this  project,  which  has  entered  into  contract  with  the 
Secretary  of  the  Interior,  and  the  liens  which  the  United  States  holds  against  the 
above-described  land  for  the  payment  of  the  building  and  operation  and  mainte- 
nance charges,  may  be  enforced,  at  the  option  of  the  United  States,  either  directly 
by  the  United  States  or  through  the  medium  of  the  water  users'  association. 

If  the  Secretary  of  the  Interior  has  made  no  contract  with  a  water  users '  asso- 
ciation under  this  project,  the  applicant  agrees  to  file,  upon  his  direction,  evidence 
of  membership  in  the  water  users'  association  organized  under  the  said  project; 
in  default  of  which,  this  application  shall  be  subject  to  cancellation  by  the 
Secretary  of  the  Interior,  with  the  forfeiture  of  all  rights  acquired  thereunder  and 
of  all  payments  made  thereon. 

And,  being  duly  sworn,  the  applicant  further  deposes  and  says  that  the 

post-office  address  of  the  undersigned  is ; 

that  the  undersigned  is  a  bona  fide  resident  upon  said  land  (or  an  occupant 

thereof,  residing  in  the  neighborhood,  namely,  upon  Section , 

Township ,  Range ,  Meridian, 

a  distance  in  a  direct  line  of miles  therefrom) ;  that 

the  undersigned  holds  the  following  interest  in  the  said  tract : 


as  duly  shown  upon  the  records  of County, 

;  that  no  other  application,  now  uncanceled,  has  been 

made  for  a  water  right  under  said  Act  of  Congress,  appurtenant  to  land  now 
owned  or  claimed  by  the  undersigned,  except  as  follows : 

Application  No , Project, , 

of for 

,  Section , 

Township ,  Range ,  Meridian, 

an  area  of acres  and  containing acres  of 

irrigable  land,  as  determined  by  the  Secretary  of  the  Interior;  and  that  the 
present  application  is  made  in  behalf  of  the  undersigned  and  not  at  the  instance 
or  for  the  benefit  of  any  other  person  or  any  association  or  corporation,  either 
directly  or  indirectly.  No  Member  of  or  Delegate  to  Congress,  or  Resident  Com- 
missioner, after  his  election  or  appointment  or  either  before  or  after  he  has 
qualified  and  during  his  continuance  in  office,  shall  be  admitted  to  any  share  or 
part  of  this  contract  or  agreement,  or  to  any  benefit  to  arise  thereupon.  Nothing, 
however,  herein  contained  shall  be  construed  to  extend  to  any  incorporated 
company,  where  such  contract  or  agreement  is  made  for  the  general  benefit  of 
such  incorporation  or  company,  as  provided  in  Section  116  of  the  Act  of  Congress 
approved  March  4,  1909  (35  Stat.,  1109). 

It  is  further  understood  and  agreed  that  if  the  interest  of  the  applicant  iu 
said  land  shall  cease  and  said  interest  shall  be  held  by  a  party  who  is  not  qualified 
to  apply  for  or  hold  a  water  right  under  the  provisions  of  the  Reclamation  Act, 
this  application  shall  be  subject  to  cancellation  by  the  Secretary  of  the  Interior, 
with  the  forfeiture  of  all  rights  acquired  thereunder  and  of  all  payments  made 
thereon. 

It  is  further  understood  and  agreed  that  the  evidence  of  ownership  of  this 
water  right  shall  not  be  issued  by  the  United  States  unless  fee  simple  title  to 
said  land  is  vested  in  the  application,  or  in  a  qualified  assignee  hereof,  whose 
aggregate  water  rights  under  the  said  Reclamation  Act  shall  not  exceed  one 
hundred  and  sixty  acres,  or  the  maximum  limit  of  area  fixed  by  the  Secretary 
of  the  Interior,  at  the  time  when  final  payment  hereon  is  due,  in  default  of  which 
this  application  shall  be  subject  to  cancellation  by  the  Secretary  of  the  Interior, 
wi;,h  the  forfeiture  of  all  rights  thereunder  and  of  all  moneys  paid  thereon. 

Applicant. 


633 

ACKNOWLEDGMENT. 

The  above  application  must  be  signed  and  sealed  in  duplicate,  acknowledged 
before  a  duly  authorized  officer  in  the  manner  provided  by  local  law  and  duly 
recorded  in  the  records  of  the  county  in  which  the  lands  are  situated. 

Filed  in  the  United  States  Land  Office  at 

,  and  accepted on  behalf  of 

(Date.) 
the  United  States. 


Eegister. 
[SEAL.] 

If  the  Secretary  of  the  Interior  has  entered  into  a  contract  with  a  water 
users'  association  under  the  project,  the  following  certificate  must  be  filled  out: 

,  19.... 

I  HEREBY  CERTIFY  that  the  applicant  for  this  water  right  has  duly 
subscribed  (or  is  the  successor  in  interest  of  one  who  has  subscribed)  for  the 
stock  of  this  association  for  the  lands  described  herein,  and  that  all  assessments 
levied  against  said  stock  by  said  association  have  been  fully  paid  up  to  date. 


Secretary Water  Users '  Association. 

[Corporate  Seal.] 


OATH  OF  DISINTERESTEDNESS. 
(Section  3745,  U.  S.  Revised  Statutes.) 

I  do  solemnly  swear  that  the  copy  of  contract  hereunto  annexed  is  an  exact 
copy  of  contract  made  by  me  personally  with 

that  I  made  the  same  fairly,  without  any  benefit  or  advantage  to  myself,  or  allow- 
ing any  such  benefit  or  advantage  corruptly  to  the  said 

or  any  other  person;  and  that  the  papers  accompanying  include  all  those  relat- 
ing to  the  said  contract,  as  required  by  the  statute  in  such  case  made  and  provided. 


Sworn  to  and  subscribed  before  me  at 

this day   of ,    191... 


Notary    Public. 

Recorded  this day  of ,'191.  .,  in  Volume 

Page ,    Records    of 

County,  State  of 


(Signature    of    Officer J 


634 

[4— 020a] 
Form  B — 1.  Department  of  the  Interior. 

WATER-EIGHT   APPLICATION. 
Act  June  17,  1902  (32  Stat.,  388). 


Project. 

U.  S.  Land  Office No. 

Lands  in   Private  Ownership. 
(With  Assignment  of  Credits.) 


(Date.) 

I,   ,   do  hereby  apply  for  a  water  right  under 

the .Project,    subject    to    the    provisions    of    the    Act 

of  Congress  approved  June  17,  1902  (32  Stat.,  388),  known  as  the  Reclamation 
Act,  and  the  rules  and  regulations  established  thereunder,  the  water  supplied 
in  pursuance  thereof  to  be  used  for  the  irrigation  of,  and  to  be  appurtenant 

to,   acres  of  irrigable  land,  as  shown  on  plats  on  file 

in  this  office  approved  by  the  Secretary  of  the  Interior,  within  the  area 
described  as  follows:  

Section ,  Township ,  Range , 

Meridian,  an  area  of acres. 

The  said  land,  with  all  the  rights  and  interests  of 

to  the  water  right  appurtenant   thereto  and  to  .the   payments  made   thereon 

has  been  obtained  by  me  from in  the  following 

manner :    

(Give  dates  of  conveyances  or  other  instruments.) 

The  amount  of  water  to  be  furnished  hereunder  shall  be acre- 
feet  of  water  per  annum  per  acre  of  irrigable  land,  as  aforesaid,  measured  at 
the  land;  or  so  much  thereof  as  shall  constitute  the  proportionate  share  per 
acre  from  the  water  supply  actually  available  for  the  lands  under  said 
project:  Provided,  That  the  supply  furnished  shall  be  limited  to  the  amount 
of  water  beneficially  used  on  said  irrigable  land. 

I  ask  to   be   allowed   credit   for   any  and   all  payments   heretofore   made 

by  the  prior  owner  under  his  Water  Right  Application  No , 

dated ,  and  subject  to  such  credit,  I  agree  to 

pay  for  said  water  right  the  estimated  cost  of  construction  as  fixed  by  the 

Secretary  of  the  Interior,  namely,  the  sum  of  $ per  acre  for  the 

said   area   of   irrigable   land,   in annual    installments,   inclusive    of 

all  annual  installments  due  under  the  public  notice,  and  to  pay  promptly  wrhen 
due  the  annual  installments  and  the  maintenance  and  operating  charges  duly 
assessed  against  said  land  on  account  of  said  water  right. 

I  further  agree  that  upon  my  failure  to  comply  with  the  terms  of  said 
Reclamation  Act  and  the  regulations  thereunder,  this  application  shall  be 
subject  to  cancellation  by  the  Secretary  of  the  Interior,  with  the  forfeiture  of 
all  rights  acquired  thereunder  and  of  all  payments  made  thereon. 

This  application  must  bear  the  certificate,  as  hereto  attached,  of  the 
water  users'  association  under  this  project,  which  has  entered  into  contract 
with  the  Secretary  of  the  Interior. 

If  the  Secretary  of  the  Interior  has  made  no  contract  with  a  water  users' 
association  under  this  project,  I  agree  to  file,  upon  his  direction,  evidence 
of  membership  in  the  water  users '  association  organized  under  the  said 
project;  in  default  of  which  this  application  shall  be  subject  to  cancellation 
by  the  Secretary  of  the  Interior,  with  the  forfeiture  of  all  rights  acquired 
thereunder  and  of  all  payments  made  thereon. 

And,  being  duly  sworn,  I  further  depose  and  say  that  my  postoffice  address 

is ;  that  I  am  a  bona  fide  resident  upon 

said  land  (or  an  occupant  thereof,  residing  in  the  neighborhood,  namely,  upon 

Section ,   Township ,    Range ,    

Meridian,  a  distance  in  a  direct  line  of miles  therefrom) ;  that  1  hold 

the  following  interest  in  the  said  tract:   

as    duly   shown    upon    the    records    of County, 

;  that  I  have  made  no  other  application,  now 


635 

uncanceled,  for  a  water  right  under  said  Act  of  Congress,  appurtenant  to 
land  now  owned  or  claimed  by  me,  except  as  follows:  Application  No. 

,  Project,  , 

for Section ,  Township 

,  Kange ,  Meridian,  an 

area  of acres,  and  containing acres  of  irrigable  land,  as 

determined  by  the  Secretary  of  the  Interior;  and  that  the  present  application 
is  made  in  my  own  behalf,  and  not  at  the  instance  or  for  the  benefit  of  any 
other  person  or  any  association  or  corporation,  either  directly  or  indirectly. 

It  is  further  understood  and  agreed  that  if  the  interest  of  the  applicant 
in  said  laud  shall  cease  and  said  interest  shall  be  held  by  a  party  who  is  not 
qualified  to  apply  for  or  hold  a  water  right  under  the  provisions  of  the 
Reclamation  Act,  this  application  shall  be  subject  to  cancellation  by  the 
Secretary  of  the  Interior,  with  the  forfeiture  of  all  rights  acquired  there- 
under and  of  all  payments  made  thereon. 

It  is  further  understood  and  agreed  that  the  evidence  of  ownership  of 
this  water  right  shall  not  be  issued  by  the  United  States  unless  fee  simple 
title  to  said  land  is  vested  in  me  at  the  time  when  final  payment  hereon  is 
due,  in  default  of  which  this  application  shall  be  subject  to  cancellation  by 
the  Secretary  of  the  Interior,  with  the  forfeiture  of  all  rights  thereunder  and 
of  all  moneys  paid  thereon. 


(Applicant  sign  here.) 

State  of 

County  of 

ss. 

Subscribed  and  sworn  to  before  me  this day  of 

.    19.. 


(Seal.) 
My  commission  expires. 


(Official  designation  of  officer.) 
(This  affidavit  may  be  sworn  to  by  any  officer  authorized  to  administer  an  oath.) 
(If  the  Secretary  of  the  -Interior  has  entered  into  a  contract  with  a  water 
users'  ass)ciation  under  the  project,  the  following  certificate  must  be  filled  out.) 


(Place.) 


(Date.) 

I  hereby  certify  that  the  applicant  for  this  water  right  has 

duly  subscribed  for  the  stock  of  this  association  for  the  lands  described 
herein,  and  that  all  assessments  levied  against  said  stock  by  said  association 
have  been  fully  paid  up  to  date. 


Secretary, 

Water  Users '  Association. 

(Corporate  seal.) 

Form  A.  [4—021.] 

HOMESTEADS  UNDER    THE   RECLAMATION   ACT. 
Application  No Water  Bight, Project, 

Act  of  June  17,  1902   (32  Stat.,  388). 
Department  of  the  Interior, 

Land  Office  at 

,  190.. 

I,   ,  do  hereby  apply  for  a  water  right 

under   the Project,   subject    to   the    provisions   of   the 

Act  of  Congress  approved  June  17,  1902  (32  Stat.,  388),  known  as  the  Reclam- 
ation Act,  and  the  rules  and  regulations  established  thereunder,  the  water 
supplied  in  pursuance  thereof  to  be  used  for  the  irrigation  of,  and  to  be  ap- 
purtenant, to,  acres  of  irrigable  land,  as  shown  on  plats  on 

file  in  this  office  approved  by  the  Secretary  of  the  Interior,  within  the  area 
described  as  follows :  


636 

Section ,  Township ,  Eange ,  

Meridian,  an  area  of acres;  the  said  land  having  been  entered  by 

me  under  the  said  Eeclamation  Act  by  Homestead  Application  No , 

on  the day  of ,  19 ... 

The  amount  of  water  to  be  furnished  hereunder  shall  be acre- 
feet  of  water  per  annum  per  acre  of  irrigable  land,  as  aforesaid,  measured  at 
the  land,  or  so  much  thereof  as  shall  constitute  the  proportionate  share  per 
acre  from  the  water  supply  actually  available  for  the  lands  under  said 
project:  Provided,  That  the  supply  furnished  shall  be  limited  to  the  amount 
of  water  benefically  used  on  said  irrigable  land. 

I  agree  to  pay  for  said  water  right  the  estimated  cost  of  construction 

as  fixed  by  the  Secretary  of  the  Interior,  namely,  the  sum  of  $ per  acre 

for  the  said  area  of  irrigable  land,  in annual  installments,  and  to 

pay  promptly  when  due  the  annual  installments  and  the  maintenance  and 
operating  charges  duly  assessed  against  said  land  on  account  of  said  water 
right. 

I  further  agree  that,  upon  my  failure  to  comply  with  the  terms  of  said 
Eeclamation  Act  and  the  regulations  thereunder,  this  application  shall  be 
subject  to  cancellation  by  the  Secretary  of  the  Interior,  with  the  forfeiture 
of  all  rights  acquired  thereunder  and  of  all  payments  made  thereon. 

This  application  must  bear  the  certificate,  as  hereto  attached,  of  the 
water  users'  association  under  this  project,  which  has  entered  into  contract 
with  the  Secretary  of  the  Interior. 

If  the  Secretary  of  the  Interior  has  made  no  contract  with  a  water  users' 
association  under  this  project,  I  agree  to  file,  upon  his  direction,  evidence 
of  membership  in  the  water  users'  association  organized  under  the  said 
project;  in  default  of  which,  this  application  shall  be  subject  to  cancellation 
by  the  Secretary  of  the  Interior,  with  the  forfeiture  of  all  rights  acquired 
thereunder  and  of  all  payments  made  thereon. 

And,  being  duly  sworn,  I  further  depose  and  say  that  I  have  made  no 
application,  now  uncanceled,  for  a  water  right  under  said  Act  of  Congress, 
appurtenant  to  land  now  owned  or  claimed  by  me,  except  as  follows: 

Application  No , Project,  of 

for Section ,  Township , 

Eange ,  Meridian,  an  area  of 

acres  and  containing acres  of  irrigable  land,  as  determined  by  the 

Secretary  of  the  Interior;  and  that  the  present  application  is  made  in  my  own 
behalf  and  not  at  the  instance  or  for  the  benefit  of  any  other  person  or  any 
association  or  corporation,  either  directly  or  indirectly. 


Applicant. 

State  of 

County  of  

ss. 

Subscribed  and  sworn  to  before  me  this day  of ,  19. .. 


(Seal.) 


My  commission  expires 

(This  affidavit  may  be  sworn  to  before  any  officer  authorized  to  administer  an  oath.) 

If  the  Secretary  of  the  Interior  has  entered  into  a  contract  with  a  water 
users'  association  under  the  project,  the  following  certificate  must  be  filled  out: 

,  19... 

I  hereby  certify  that  the  applicant  for  this  water  right  has  duly  sub- 
scribed for  the  stock  of  this  association  for  the  lands  described  herein,  and 
that  all  assessments  levied  against  said  stock  by  said  association  have  teen 
fully  paid  up  to  date. 


Secretary, 
(Corporate  seal.) 

Water    Users '    Association. 


637 


[4— 021a.] 

Form  A — 1.  Department  of  the  Interior. 

WATER-RIGHT   APPLICATION. 
Act  June  17,  1902   (32  Stat.,  388). 

Project. 

U.  S.  Land  Office No. 

(With  assignment  of  credits.) 


I,  ,  do  hereby  apply  for  a  water  right  under 

the Project,    subject    to    the    provisions    of   the 

Act  of  Congress  approved  June  17,  1902  (32  Stat.,  388),  known  as  the  Reclam- 
ation Act,  and  the  rules  and  regulations  established  thereunder,  the  water 
supplied  in  pursuance  thereof  to  be  used  for  the  irrigation  of,  and  to  be 

appurtenant  to, acres  of  irrigable  land,  as  shown  on  plats  on 

file  in  this  office  approved  by  the  Secretary  of  the  Interior,  within  the  area 
described  as  follows :  


Section ,  Township ,  Range ,   

Meridian,  an  area  of  acres;  the  said  land  having  been  entered  by 

me  under  the  said  Reclamation  Act  by  Homestead  Application,  No , 

on  the day  of ,  19....,  upon  relinquish- 

ment  by of  his  Homestead  Entry,  No ,  for 

the  same  land  and  of  assignment  to  me  of  credits  for  payments  made  by  said 

entryman  under  his  Water-Right  Application,  No ,  dated 

,  19 .  . . .,  under  assignment  noted  hereon. 

The  amount  of  water  to  be  furnished  hereunder  shall  be acre- 
feet  of  water  per  annum  per  acre  of  irrigable  land,  as  aforesaid,  measured 
at  the  land;  or  so  much  thereof  as  shall  constitute  the  proportionate  share 
per  acre  from  the  water  supply  actually  available  for  the  lands  under  said 
project:  Provided,  That  the  supply  furnished  shall  be  limited  to  the  amount 
of  water  beneficially  used  on  said  irrigable  land. 

I  ask  to  be  allowed  credit  for  all  payments  heretofore  made  for  the 
water  right  appurtenant  to  the  above-described  land  and  hereon  assigned  to 
me,  and,  subject  to  such  credit,  I  agree  to  pay  for  said  water  right  the 
estimated  cost  of  construction  as  fixed  by  the  Secretary  of  the  Interior, 

namely,  the  sum  of  $ per  acre  for  the  said  area  of  irrigable 

land,  in annual  installments,  inclusive  of  all  annual  install- 
ments due  under  the  public  notice,  and  to  pay  promptly  when  due  the  annual 
installments  and  the  maintenance  and  operating  charges  duly  assessed  against 
said  land  on  account  of  said  water  right. 

I  further  agree  that  upon  my  failure  to  comply  with  the  terms  of  said 
Reclamation  Act  and  the  regulations  thereunder,  this  application  shall  be 
subject  to  cancellation  by  the  Secretary  of  the  Interior,  with  the  forfeiture 
of  all  rights  acquired  thereunder  and  of  all  payments  made  thereon. 

This  application  must  bear  the  certificate,  as  hereto  attached,  of  the 
water  users'  association  under  this  project,  which  has  entered  into  contract 
with  the  Secretary  of  the  Interior. 

If  the  Secretary  of  the  Interior  has  made  no  contract'  with  a  water 
users'  association  under  this  project,  I  agree  to  file,  upon  his  direction, 
evidence  of  membership  in  the  water  users'  association  organized  under  the 
said  project,  in  default  of  which  this  application  shall  be  subject  to  can- 
cellation by  the  Secretary  of  the  Interior,  with  the  forfeiture  of  all  rights 
acquired  thereunder  and  of  all  payments  made  thereon. 

And,  being  duly  sworn,  I  further  depose  and  say  that  I  have  made  no 
application,  now  uncanceled,  for  a  water  right  under  said  Act  of  Congress, 
appurtenant  to  land  now  owned  or  claimed  by  me,  except  as  follows: 

Application  No ,  Project,  , 

for Section ,  Township , 

Range ,  Meridian,  an  area  of 

acres,  and  containing acres  of  irrigable  land,  as  determined  by 

the  Secretary  of  the  Interior;  and  that  the  present  application  is  made  in 


638 

my  own  behalf,  and  not  at  the  instance  or  for  the  benefit  of  any  other  person 
or  any  association  or  corporation,  either  directly  or  indirectly. 


(Applicant  sign  here.) 

State  of 

County  of  

83. 

Subscribed  and  sworn  to  before  me  this day  of ,  19.  .. 


(Seal.) 

(Official  designation  of  officer.) 


My  commission  expires 

(This  affidavit  may  bo  sworn  to  before  any   officer  authorized   to  administer   an   oath.) 
(If  the  Secretary  of  the  Interior  has  entered    into    a    contract    with    a    water    users' 
association  under  the  project,  the  following  certificate  must  be  filled  out.) 


(Place.) 


(Date.) 

I  hereby  certify  that  the  applicant  for  this  water  right  has 

duly  subscribed  for  the  stock  of  this  association  for  the  lands  described  herein, 
and  that  all  assessments  levied  against  said  stock  by  said  association  have 
been  fully  paid  up  to  date. 


Secretary, 

Water  Users '   Association. 

(Corporate  seal.) 

Assignment  of  Credits  for  Payments  Made. 

I,    ,    of ,    being    duly 

sworn,  depose  and  say  that  I  am  the  identical  person  who  made  Homestead 

Entry,    No ,    in    the Land    District, 

on ,  19 .  . .  . ,  for  Farm  Unit in 

Section ,  Township   ,  Eange ,    

Meridian;  and  for  value  received  I  hereby  assign  to 

all  my  right  and  title  in  and  to  any  credits  for  charges  heretofore  paid  on 

the   Water-Right   Application,    No ,   for   the   land    referred    to 

herein.    There  are  no  water-right  charges  against  said  land  due  and  remaining 
unpaid,  except 


(Signature.) 


Register. 

On  this day  of ,   19....,  before   me 

personally  appeared ,  to  me  known  to  be  the  person 

described   in   and   who   executed   the   foregoing   instrument,   and   acknowledged 
that  he  freely  executed  the  same  as  therein  stated. 


(Seal.) 

(Official  designation  of  officer.) 

[4—022.] 

Act   of  June   2,   1858. 

DEPARTMENT   OF  THE   INTERIOR, 

United  States  Land  Office, 


,  19 

Certificate  of  Location  No issued  by  the  Sarveyor-Genora1 

2t for  the   claim   of 

or legal  representatives. 

I,   ,  hereby  apply  to  locate  with  the  above- 
described   certificate quarter  of   section   No , 

in  Township  Xo ,  of  Range  No ,  containing 

acres  in  the  district  of  lands  subject  to  sale  at 


639 
Witness  my  hand  this day  of ,  A.  D.  19 . 


Attest: 


Register. 
Register's  Office. 

,  19.... 

I  certify  that  the  above-described  tracts  have  this  day  been  located  pur- 
suant to  the  application,  and  that  the  location  is  correct,  being  in  accordance 
with  law  and  instructions. 

,  Register. 


Register. 
[4— 022a.] 


County  of 

State  of 

,   19.... 

To  the  Commissioner  of  the  General  Land  Office, 

Washington,  D.  C. 
Sir:     The  undersigned  petitioner  would  respectfully  represent  that  he  is 

a   citizen   of ,    County   of ,   and    State 

of ;  and  that  there  is  an  Island  in  the 

in    section ,    Township 

,  Range ,  State  of that  said  Island   has 

never  been  surveyed  by  the  United  States  Government;  that  he  is  desirous 
that  the  same  should  be  surveyed,  in  order  that  it  may  be  disposed  of  according 
to  the  laws  of  Congress  and  the  regulations  of  the  General  Land  Office  relative 

to  the  disposal  of  lands  embraced  in  fragmentary  surveys;  and  that 

,    of County    of 

,    and    State    of a    practical 

and  skillful  surveyor,  is  a  suitable  person  to  execute  the  survey  of  the  same. 


Note. — Whenever  the  affidavits  required  to  accompany  applications  for  the 
survey  of  islands  before  any  officer  not  a  clerk  of  record,  the  official  char- 
acter and  standing  of  such  officer,  whether  notary  public,  justice  of  the  peace, 
U.  S.  commissioner,  or  other  officer  qualified  to  administer  oaths,  should  be 
evidenced  by  the  formal  certificate  of  the  clerk  of  the  proper  court  of  record 
or  other  competent  authority. 


County  of 

State  of 

,  19.... 

and citizens   of 

County  of , 

and  State  of ,  being  duly  sworn,  upon   their 

oaths  say  that  they  have  personal  knowledge  of  an  Island  in , 

in  Section ,  Township ,  Range ,    

principal  Meridian,  State  of ,  application  for  the  survey  of 

which  has  been  made  by ,  of , 

County  of ,  State  of ;  that  the  said  Island 

contains  about acres;  that  the  width  of  the  channel  between 

the  Island  and  the  nearest  main  shore  is  about feet,  and  the  depth 

thereof  at  ordinary  stages  of  the  water  is  about feet;  that  the 

Island  is  about feet  above  high-water  mark,  not  subject 

to  overflow,  and  the  land  fit  for  agricultural  purposes;  that  the  configuration 
of  either  shore  of  the  mainland  has  not  materially  changed  since  the  original 
survey  of  the  water  front  on  the  mainland;  that  the  improvements  on  said 
Island  are  as  follows:* 


that  the  said  improvements  were  made  by 

and  that  the  value  thereof  is  about dollars. 


*  If  there  are  no  Improvements  on  the  Island,  it  must  be  so  stated. 


640 
Sworn  to  and  subscribed  before  me  this day  of ,  19. ... 


County  of 
State  of 


„  .- 

................................  and  .............................  citizens    of 

......................................  County  of  ..........................  , 

and   State   of  ...............................  ,   being   duly   sworn,   upon    their 

oaths    say    that,    to    their    certain    knowledge,    notice    of    the    application    of 
............................  ,    of  ................................  County    of 

..........................  ,  and  State  of  .................................. 

for  the  survey  of  an  Island  in  the  .......................  in  Section  ........  , 

Township  ........  ,  Eange  ........  ,    ...............  principal   Meridian,  in   the 

State  of  .....................  ,  was  served  upon  ............................ 


and proprietors  of  the 

lands  on   the   shores   opposite   said  Island;    that   the   said  notice  was    served 

by on   the day   of , 

19....,  and  that  each  of  the  above-named  coterminous  proprietors  was  per- 
sonally cognizant  of  the  said  applicant's  intention  thirty  days  before  the 
date  of  his  application. 


Sworn  to  and  subscribed  before  me  this day  of ,  19. 


County  of 

State  of 

,   19.... 

We,    

,  being  duly  sworn, 

say  that  we  are  bona  fide  owners  of  the  lands  upon  the  shores  opposite  the 

Island  described  in  the  application  for  survey  made  by , 

bearing  date ,  19.  . . .,  and  that  the  notice  referred  to  in 

the    foregoing    affidavit    of and 

was  served  upon  us  on  the day  of ,  19 


Sworn  to  and  subscribed  before  me  this day  of ,  190. . 


County  of   , 

State  of  , 

,  190.. 

To  the  Commissioner  of  the  General  Land  Office, 

Washington,  D.  C. 

Sir:    I  will  execute  the  survey  of  the  Island  described  in  the  application 
of ,  of ,  County  of   ,  and  State  of  , 

at  the  rates  per  mile  for  specific  lines  allowed  by  law  for  the  survey  of  the 
public  lands  for  the  current  fiscal  year,  and  as  shown  by  the  field  notes  of 
the  survey. 


641 

[4—024.] 

NOTICE  OF  FILING  OF  ADVERSE  CLAIM  AGAINST  MINERAL  APPLI- 
CATION. 

Department  of  the  Interior, 
United  States  Land  Office, 


Sirs:    You  will  please  take  notice  that  on  this day  of ,  there 

•was  filed  in  this  office  by ,  as  claimant  of  the claim 

adverse  claim  against  Application  for  Mineral  Patent  No ,  Survey  No. 

of    for  the    claim  in    Township   ,   Range 

, Meridian. 

The  parties  who  filed  the  adverse  claim  will  be  required,  within  30  days 
from  the  date  of  such  filing,  to  commence  proceedings  in  a  court  of  competent 
jurisdiction  to  determine  the  question  of  right  of  possession,  and  to  prosecute 
the  same  with  reasonable  diligence  to  final  judgment;  should  such  adverse 
claimants  fail  to  do  so,  the  adverse  claim  will  be  considered  waived  and  the 
application  for  patent  be  allowed  to  proceed  on  its  merits. 

,  Register. 

,  Receiver. 

This  notice  must  be  immediately  forwarded  to  the  General  Land  Office.    Dupli- 
cate to  be  filed  with  the  case  for  transmittal  with  the  record. 

[4—  024b.] 

Department  of  the  Interior, 
United  States  Land  Office, 


(  Phice.  I 


(Date.) 
NOTICE  OF  FILING  MINERAL  APPLICATION. 

Mineral  Application,  Serial  No 

The  Commissioner  of  the  General  Land  Office. 

Sir:    On   ,  19..,   filed  Mineral  Application,  Serial  No. 

,  Survey  No ,  for  the    ,  situate  in 

(List  alphabetically  all  locations  applied  for.) 

Section ,  Township ,  Range , Meridian, Mining 

District, County,  exclusive  of  conflict  with 

Very  respectfully, 


Register. 

Note. — This  notice  must  show  Serial  No.;  date  of  filing;  survey  No.,  if  lode 
or  surveyed  placer;  alphabetical  list  of  all  locations;  name  or  names  of  applicant 
or  applicants;  description  if  taken  by  legal  subdivisions,  section,  township, 
range;  mining  district  and  county;  and  notation  of  exclusions. 

[4—053.] 

Department  of  the  Interior, 

In  the  United  States  Land  Office 

At  ,  before  the  Register  and  Receiver. 


The  United  States  of  America, 
Plaintiff, 

Involving  the   

V. 

Entry  No  

x  f  or       

Defendant. 

642 

AFFIDAVIT  AND  MOTION  FOR  COMMISSION  TO  TAKE  DEPOSITIONS 
ON  INTERROGATORIES. 

The  undersigned,  being  duly  sworn,  on  his  oath  says  that  he  is  a  special 
agent  of  the  General  Land  Office  and  the  agent  for  the  plaintiff  in  the  above- 
entitled  case;  that  the  following  persons  are  material  witnesses  for  the  plaintiff 
in  said  case  and  reside  as  stated,  to-wit: 

,  residence   

(County.)  (State.) 

,  residence   

,  residence   

that  each  of  said  witnesses   and  by  reason 

thereof  can  not  be  procured  to  attend  the  trial  of  said  case  before  the  Register 
and  Receiver  at  the  local  land  office;  and  there  is  hereto  attached  and  made 
a  part  hereof  the  interrogatories  to  be  asked  each  of  said  witnesses  upon  behalf 
of  the  plaintiff  herein;  that  due  service  of  notice  of  plaintiff's  intention  to  take 

such  depositions  has  been  had  upon  the  defendants  on ,  19..,  as  more 

fully  appears  by  the  copy  of  such  notice  and  return  thereon  herewith  filed. 

Wherefore,  the  undersigned,  as  agent  for  the  plaintiff  herein,  moves  that, 
after  ten  days  from  the  filing  hereof,  a  commission  with  all  interrogatories 

attached  issue  to ,  a authorized  to  administer  oaths  in  the 

County  of ,  State  of ,  commanding  him  to  take  the  depositions  in 

the  commission  directed  as  by  law  required,  at  his  office  at ,  at  10  a.  m., 

on ,  19. .,  and  from  day  to  day  thereafter  until  taken. 


Subscribed  and  sworn  to  before  me  this   day  of    ,  19..,  at 


(Official  designation  of  officer.) 
ORDER— ALLOWANCE  OF  MOTION. 

The  foregoing  affidavit  and  motion  being  considered,  and  the  undersigned 

being  advised,  the  said  motion  is  this day  of ,  19.  .,  allowed  and 

commission  will  issue. 


Register. 
Receiver. 
[4— 061a.] 
AFFIDAVIT  FOR  SELECTIONS 

Under  Act  of  June  4,  1897  (30  Stat.,  36). 
(Forest  Reserves.) 

To  be  made  by  the  selector,  or  other  credible  person  cognizant  of  the  facts, 
before    an   officer   authorized   to   administer    oaths.     Before   being   sworn, 
affiant  should  be  advised  of  penalties  of  a  false  oath. 
United  States  Land  Office, 


,  19.. 

,  being  duly  sworn  according  to  law,  deposes  and  says  that 

he  is  a  citizen  of  the  United  States,  and  that  his  post-office  address  is ; 

that  he  is  well  acquainted  with  the  character  and  condition  of  the  following- 
described  land,  and  with  each  and  every  legal  subdivision  thereof,  having  per- 
sonally examined  the  same,  to-wit: ;  that  his  personal  knowl- 
edge of  said  land  enables  him  to  testify  understandingly  with  respect  thereto; 
that  there  is  not,  within  the  limits  of  said  land,  any  known  vein  or  lode  of 
quartz  or  other  rock  in  place  bearing  gold,  silver,  cinnabar,  lead,  tin,  or  copper; 
that  there  is  not,  within  the  limits  of  said  land,  any  known  deposit  of  coal,  or 
any  known  placer  deposit,  oil,  or  other  valuable  mineral;  that  said  land  con- 
tains no  salt  spring,  or  known  deposits  of  salt  in  any  form,  sufficient  to  render 
it  chiefly  valuable  therefor;  that  no  portion  of  said  land  is  claimed  for  mining 
purposes  under  the  local  customs  or  rules  of  miners,  or  otherwise;  that  said  land 
is  essentially  nonmineral  in  character,  has  upon  it  no  mining  or  other  improve- 
ments, and  is  not  in  any  manner  occupied  adversely  to  the  selector;  and  that 
the  selection  thereof  is  not  made  for  the  purpose  of  obtaining  title  to  mineral 
land, 


643 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  affiant  in  my 
presence  before  he  signed  his  name  thereto;  that  said  affiant  is  to  me  personally 

known  (or  has  been  satisfactorily  identified  before  me  by ),  and  I 

verily  believe  him  to  be  a  credible  person  and  the  person  he  represents  himself 
to  be;  and  that  this  affidavit  was  subscribed  and  sworn  to  before  me  at  my 
office  in ,  on  this day  of ,  19 .. 


[4—062.] 
NON-MINERAL  AFFIDAVIT. 

This  affidavit  can  be  sworn  to  only  on  personal  knowledge,  and  can  not  be 
made  on  information  and  belief. 

The  Non-Mineral  Affidavit  accompanying  an  entry  of  public  land  must  be 
made  by  the  party  making  the  entry,  and  only  before  the  officer  taking  the 
other  affidavits  required  of  the  entryman. 

Department  of  the  Interior, 
United  States  Land  Office, 


,  190.. 

,  being  duly  sworn  according  to  law,  deposes  and  says  that  he 

is  the  identical who  is  an  applicant  for  Government  title  to  the ; 

that  he  is  well  acquainted  with  the  character  of  said  described  land,  and  with 
each  and  every  legal  subdivision  thereof,  having  frequently  passed  over  the 
same;  that  his  personal  knowledge  of  said  land  is  such  as  to  enable  him  to 
testify  understandingly  with  regard  thereto;  that  there  is  not,  to  his  knowledge, 
within  the  limits  thereof,  any  vein  or  lode  of  quartz  or  other  rock  in  place, 
bearing  gold,  silver,  cinnabar,  lead,  tin,  or  copper,  or  any  deposit  of  coal; 
that  there  is  not  within  the  limits  of  said  land,  to  his  knowledge,  any  placer, 
cement,  gravel,  or  other  valuable  mineral  deposit;  that  the  land  contains  no 
salt  spring,  or  deposits  of  salt  in  any  form  sufficient  to  render  it  chiefly  valuable 
therefor;  that  no  portion  of  said  land  is  claimed  for  mining  purposes  under  the 
local  customs  or  rules  of  miners  or  otherwise;  that  no  portion  of  said  land  is 
worked  for  mineral  during  any  part  of  the  year  by  any  person  or  persons; 
that  said  land  is  essentially  non-mineral  land,  and  that  his  application  therefor 
is  not  made  for  the  purpose  of  fraudulently  obtaining  title  to  the  mineral 
land,  but  with  the  object  of  securing  said  land  for  agricultural  purposes;  that 
the  said  land  is  not  occupied  and  improved  by  any  Indian,  and  that  his  post- 
office  address  is 


I  hereby  certify  that  the  foregoing  affidavit  was  read  to  affiant  in  my 
presence  before  he  signed  his  name  thereto;  that  said  affiant  is  to  me  person- 
ally known  (or  has  been  satisfactorily  identified  before  me  by ), 

and  that  I  verily  believe  him  to  be  a  credible  person  and  the  person  he  repre- 
sents himself  to  be,  and  that  this  affidavit  was  subscribed  and  sworn  to  before 

me  at  my  office  in ,  within  the land  district  on  this   day 

of  .          ,,  19.. 


Note. — The  officer  before  whom  the  deposition  is  taken  should  call  the 
attention  of  the  witness  to  the  following  section  of  the  Revised  Statutes,  and 
state  to  him  that  it  is  the  purpose  of  the  Government,  if  it  be  ascertained  that 
he  testifies  falsely,  to  prosecute  him  to  the  full  extent  of  the  law: 

Revised  Statutes  of  the  United  States.    Title  LXX. — Crimes. — Chap.  4. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a  competent 
tribunal,  officer,  or  person,  in  any  case  in  which  a  law  of  the  United  States 
authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare,  depose  or  cer- 
tify truly,  or  that  any  written  testimony,  declaration,  deposition,  or  certificate  by 
him  subscribed  is  true,  willfully  and  contrary  to  such  oath  states  or  subscribes 
any  material  matter  which  he  does  not  believe  to  be  true,  is  guilty  of  perjury, 
and  shall  be  punished  by  fine  of  not  more  than  two  thousand  dollars,  and  by 
imprisonment,  at  hard  labor,  not  more  than  five  years;  and  shall,  moreover, 
thereafter  be  incapable  of  giving  testimony  in  any  court  of  the  United  States 
until  such  time  as  the  judgment  against  him  is  reversed.  (See  Sec.  1750.) 
State  of  Missouri,  County  of ,  ss. 

On  this day  of ,  19. .,  before  me within  and  for 

the  County  and  State  aforesaid,  personally  appeared  ,  who,  being 


644 


first  duly  sworn  upon  his  oath,  says  that  the ,  Section ,  Township 

N.,  Eange ,  5th  Principal  Meridian,  is  not  claimed  by  any  one  as 

an  actual  settler  or  otherwise,  other  than  himself.     That  I  am  a  native  born 
citizen  of  the  United  States. 


Subscribed  and  sworn  to  before  me  this,  the day  of ,  19. . 


State  of  Missouri,  County  of ,  ss. 

On  this,  the   day  of   ,  19..,  before  me   person- 
ally  appeared    and    ,••.-,   who    being    first    duly   sworn, 

upon  their  oaths  depose  and  say  that  the    ,  Section    ,  Township 

N,  Range    ,  5th  P.  M.,  is  not  claimed  by  any  one  as  an  actual 

settler  or  otherwise,  other  than  the  above  named  affiant 

Witnesses: 


Subscribed  and  sworn  to  before  me  this day  of ,  19. 


[4— 062a.] 

NON-SALINE  AFFIDAVIT. 
Department  of  the  Interior, 
United  States  Land  Office, 


,  19.. 

,  being  duly  sworn  according  to  law,  deposes  and  says  that  he 

is  the  identical who  is  an  applicant  for  Government  title  to  the 

;  that  he  is  well  acquainted  with  the  character  of  said  described  land, 

and  with  each  and  every  legal  subdivision  thereof,  having  frequently  passed 
over  the  same;  that  his  personal  knowledge  of  said  land  is  such  as  to  enable 
him  to  testify  understandingly  with  regard  thereto;  that  there  is  not,  to  his 
knowledge,  within  the  limits  thereof,  any  salt  spring,  or  deposits  of  salt  in 
any  form,  such  as  make  it  chiefly  valuable  on  account  thereof;  that  no  portion  of 
said  land  is  claimed  for  saline  purposes;  that  said  land  is  essentially  non-saline 
land,  and  that  his  application  therefor  is  not  made  for  the  purpose  of  fraudu- 
lently obtaining  title  to  saline  land,  but  with  the  object  of  securing  said  land 
for  agricultural  purposes,  and  that  his  post-office  address  is 


I  hereby  certify  that  the  foregoing  affidavit  was  read  to  affiant  in  my 
presence  before  he  signed  his  name  thereto;  that  said  affiant  is  to  me  person- 
ally known  (or  has  been  satisfactorily  identified  before  me  by  ), 

and  that  I  verily  believe  him  to  be  a  credible  person  and  the  person  he  repre- 
sents himself  to  be,  and  that  this  affidavit  was  subscribed  and  sworn  to  before 

me  at  my  office  in ,  within  the   land  district,  on  this  day 

of  .          ,,  19.. 


Note. — This  affidavit  can  be  sworn  to  only  on  personal  knowledge,  and 
can  not  be  made  on  information  and  belief,  and  only  before  the  officer  taking 
the  other  affidavits  required  of  the  entryman. 

The  officer  before  whom  the  deposition  is  taken  should  call  the  attention 
of  the  witness  to  the  following  section  of  the  Kevised  Statutes,  and  state  to 
him  that  it  is  the  purpose  of  the  Government,  if  it  be  ascertained  that  he  testi- 
fies falsely,  to  prosecute  him  to  the  full  extent  of  the  law: 

Eevised  Statutes  of  the  United  States.    Title  LXX. — Crimes. — Chap.  4. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a  competent 
tribunal,  officer,  or  person,  in  any  case  in  which  a  law  of  the  United  States 
authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare,  depose,  or 
certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or  certifi- 
cate by  him  subscribed  is  true,  willfully  and  contrary  to  such  oath  states  or 
subscribes  any  material  matter  which  he  does  not  believe  to  be  true,  is  guilty 
of  perjury,  and  shall  be  punished  by  a  fine  of  not  more  than  two  thousand  dol- 
lars, and  by  imprisonment,  at  hard  labor,  not  more  than  five  years;  and  shall, 
moreover,  thereafter  be  incapable  of  giving  testimony  in  any  court  of  the 
United  States  until  such  time  as  the  judgment  against  him  is  reversed.  (See 
Sec.  1750.) 


645 

[4—067.] 

Department  of  the  Interior. 

ADJOINING  FARM  HOMESTEAD. 

(Section  2291,  Eevised  Statutes.) 

U.  S.  Land  Office, Serial  No 

Final  Affidavit. 

I, ,  of ,  having  made  a  Homestead  Entry  of Sec- 
tion   ,  Township ,  Range , Meridian,  subject  to  entry 

at   ,  Serial  No ,  for  the  use  of  an  adjoining  farm  owned 

(Name  of  land  office.) 

and  occupied  by  me  on  the    ,  Section   ,  Township    ,  Range 

, Meridian,  under  Section  2289  of  the  Revised  Statutes,  do  now 

apply  to  perfect  my  claim  thereto  by  virtue  of  Section  2291  of  the  same, 
and  for  that  purpose  do  solemnly  swear  that  I  am  a  citizen  of  the  United 
States;  that  I  have  continued  to  own  and  occupy  the  land  constituting  my 

original  farm,  having  resided  thereon  since  the   day  of ,  19. .,  to 

the  present  time,  and  having  made  use  of  the  said  entered  tract  as  a  part  of 
my  homestead,  and  have  improved  the  same  in  the  following  manner,  viz.: 

,  that  no  part  of  said  land  has  been  alienated,  but  that  I  am  the  sole 

bona  fide  owner  as  an  actual  settler;  that  I  will  bear  true  allegiance  to  the 
Government  of  the  United  States;  and  further,  that  I  have  not  heretofore 
perfected  or  abandoned  an  entry  under  the  homestead  laws. 


(Sign  here,  with  full  Christian  name.) 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  pun- 
ished as  provided  by  law  for  such  offense.     (See  Sec.  5392,  R.  S.) 

[4—069.] 

Department  of  the  Interior, 
United  States  Land  Office, 


(For  taking  the  testimony  of  Claimant  and  his  witnesses  in  making  commuta- 
tion proof,  use  the  prescribed  forms  for  ' '  Homestead  Proof. ' ' 
AFFIDAVIT   REQUIRED   OF  CLAIMANT   IN   COMMUTED   HOMESTEAD 

ENTRIES. 

I, ,  claiming  the  right  to  commute,  under  Section  2301  of  the 

Revised  Statutes  of  the  United  States,  my  Homestead  Entry,  No ,  made 

upon  the Section ,  Township ,  Range , Merid- 
ian, do  solemnly  swear  that  I  made  settlement  upon  said  land  on  the  

day  of ,  and  that  since  such  date,  to-wit:    on  the day  of , 

I  have  built  a  house  on  said  land,  and  have  continued  to  reside  therein  up 

to  the  present  time ;  that  I  have  broken  and  cultivated   acres  of  said 

land,  and  that  no  part  of  said  land  has  been  alienated,  except  as  provided  in 
Section  2288  of  the  Revised  Statutes,  but  that  I  am  the  sole  bona  fide  owner 
as  an  actual  settler. 

I  further  swear  that  I  have  not  heretofore  perfected  or  abandoned  an  entry 
made  under  the  homestead  laws  of  the  United  States,  except 


(Sign  here,  with  full  Christian  name.) 

Subscribed  and  sworn  to  before  me  this day  of ,  19. . . .,  at  my 

office  at in County, 


(Official  designation.) 
[4—070.] 

Homestead  Proof. 
FINAL  AFFIDAVIT  REQUIRED  OF  HOMESTEAD  CLAIMANTS. 

Section  2291  of  the  Revised  Statutes  of  the  United  States. 

I, ,  having  made  a  Homestead  entry  of  the Section  No. 

,   in   Township   No ,   of   Range   No ,   subject   to   entry   at 

,  under  Section  No.  2289  of  the  Revised  Statutes  of  the  United  States, 

do  now  apply  to  perfect  my  claim  thereto  by  virtue  of  Section  No.  2291  of  the 
Revised  Statutes  of  the  United  States;  and  for  that  purpose  do  solemnly 


646 

that  I  am  a  citizen  of  the  United  States;  that  I  have  made  actual  settlement 

upon  and  have  cultivated  said  land,  having  resided  thereon  since  the   

day  of ,  1...,  to  the  present  time;  that  no  part  of  said  land  has  been 

alienated,  except  as  provided  in  Section  2288  of  the  Eevised  Statutes,  but  that 
I  am  the  sole  bona  fide  owner  as  an  actual  settler;  that  I  will  bear  true  alle- 
giance to  the  Government  of  the  United  States;  and  further,  that  I  have  not 
heretofore  perfected  or  abandoned  an  entry  made  under  the  homestead  laws 
of  the  United  States,  except 


I, ,  do  hereby  certify  that  above  affidavit  was  subscribed  and 

sworn  to  before  me  this   day  of ,  190. .,  at  my  office  at   ....... 

in County, 


[4—072.] 

APPLICATION  TO  CONTEST. 
(Note. — This  application  must  be  filed  in  duplicate.) 

Serial  No.  . . 
Contest  No. 

Department  of  the  Interior, 
United  States  Land  Office, 


I,  the  undersigned,    ,   residing  at    ,  being  duly   sworn, 

upon  my  oath  state:   That  I  am  well  acquainted  with  the  tract  of  land  embraced 

in    entry,  Serial  No ,  made  on    ,  19..,  by    , 

whose  present  place  of  residence  is   ,  State  of    ,  for  the    

Section ,  Township ,  Range , Meridian,  and  know  the 

present  condition  of  the  same;  that  said  land  is   in  character;  that  in 

so  far  as  I  know  the  said  entry  is  the  only  proceeding  now  pending  for  trhe 

acquisition  of  title  to  said  land  except that  said 

(Here  state  fully  the  grounds  of  the  contest.) 
that  I  claim  an  interest  in  or  desire  and  intend,  if  permitted  to  do  so,  to 

acquire  title  to  the  said  land  under  the  provisions  of law,  and  state  the 

following  facts  which  show  my  qualifications  to  do  so:  I  am  not  under  the 
age  of  twenty-one  years,  I  am  a  citizen  of  the  United  States,  or  have  declared 
my  intention  to  become  such,  I  have  not  heretofore  made  any  entry  which 
would  disqualify  me  from  making  entry  under  the  above-mentioned  law,  I  have 
not  since  August  30,  1890,  acquired  title  to,  nor  am  I  now  claiming  under  any 
of  the  agricultural  land  laws,  an  amount  of  land  which,  together  with  the  land 
described  above,  or  the  part  thereof  which  I  desire  to  enter,  will  exceed  in 
the  aggregate  320  acres,  and  I  am  not  the  proprietor  of  more  than  160  acres 
of  land  in  any  State  or  Territory;  and  I  further  swear  that  this  contest  is  not 
being  collusively  or  speculatively  initiated,  but  is  being  instituted  and  will  be 
diligently  prosecuted  in  good  faith  for  the  sole  privilege  of  acquiring  title  to 
said  land  or  some  part  thereof  in  my  own  and  sole  interest. 

I,  therefore,  ask  that  I  be  permitted  to  prove  the  allegations  made  in  this 
affidavit  at  such  time  and  place  as  may  be  named  therefor,  and  that  after 
proving  said  allegations,  and  my  payment  of  all  the  costs  incurred  in  this 
proceeding,  I  be  permitted  to  make  entry  of  said  lands  or  a  part  thereof  under 
the  laws  above  specified. 

I  desire  that  all  papers  affecting  this  contest  be  served  upon  me  at  the 
following  address :  


(Signature.) 

I  hereby  certify  that  the  foregoing  affidavit  was  subscribed  and   sworn 
to  before  me  by  the  affiant  named  therein,  after  it  had  been  read  to  or  by  him, 

in  my  presence,  in   on  this    day  of   ,  191..,  he,  the  said 

affiant,  being  well  known  to  me  to  be  the  same  person  he  therein  represents 
himself  to  be,  or  having  been  fully  made  known  to  me  as  such  person  by 
,  of ,  who  is  well  known  to  me. 


(Official  designation.) 

Also   appeared,   at   the .  same    time    and    place,    ,    residing    at 

,    and    ,   residing    at    ,    who    being    duly 

(Post-office  address.) 


647 

sworn,  depose  and  say:  That  they  are  acquainted  with  the  tract  described  in 
the  above  affidavit,  and  know  from  personal  knowledge  and  observation  that 
the  statements  therein  made  are  true. 


I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiants  in 
my  presence  before  affiants  affixed  signatures  thereto;  that  affiants  are  to  me 

personally  known  (or  have  been  satisfactorily  identified  before  me  by ); 

and  that  the  said  affidavit  was  duly  subscribed  before  me  at this 

day  of ,  191.. 


(Official  designation.) 

Note. — If  the  application  is  filed  by  a  person  not  seeking  to  acquire  title 
to  or  claiming  an  interest  in  the  land,  or  by  one  who  does  not  show  his  quali- 
fications as  an  entryman,  it  must  be  referred  to  the  Chief  of  Field  Division. 

[4— 072a.] 

NOTICE  OF  CONTEST. 
(For  personal  service.) 


Serial  No. . . 
Contest  No. 

Department  of  the  Interior, 
United  States  Land  Office. 


To of ,  Contestee : 

You  are  hereby  notified  that ,  who  gives as  his 

post-office  address,  did  on ,  191.  .,  file  in  this  office  his  duly  corroborated 

application  to  contest  and  secure  the  cancellation  of  your   ,  Entry  No. 

(Kind  of  entry.) 

,  Serial  No ,  made ,  19. .,  for ,  Section ,  Town- 
ship   ,  Eange , Meridian,  upon  the  grounds  set  forth  in  the 

copy  of  said  application  to  contest  which  is  attached  to  and  made  a  part  of 
this  notice. 

You  are,  therefore,  further  notified  that  the  said  allegations  will  be  taken 
by  this  office  as  having  been  confessed  by  you,  and  your  said  entry  will  be 
canceled  thereunder  without  your  further  right  to  be  heard  therein,  'either 
before  this  office  or  on  appeal,  if  you  fail  to  file  in  this  office,  within  thirty 
days  after  service  of  this  notice,  your  answer,  under  oath,  specifically  meeting 
and  responding  to  these  allegations  of  contest,  or  if  you  fail  within  that  time 
to  file  in  this  office  due  proof  that  you  have  served  a  copy  of  your  answer  on 
the  said  contestant,  either  in  person  or  by  registered  mail.  If  this  service  is 
made  by  the  delivery  of  a  copy  of  your  answer  to  the  contestant  in  person, 
proof  of  such  service  must  be  either  the  said  contestant's  written  acknowledg- 
ment of  his  receipt  of  the  copy,  showing  the  date  of  its  receipt,  or  the  affidavit 
of  the  person  by  whom  the  delivery  was  made  stating  when  and  where  the  copy 
was  delivered;  if  made  by  registered  mail,  proof  of  such  service  must  consist 
of  the  affidavit  of  the  person  by  whom  the  copy  was  mailed,  stating  when  and 
the  post-office  to  which  it  was  mailed,  and  this  affidavit  must  be  accompanied 
by  the  postmaster 's  receipt  for  the  letter. 

You  should  state  in  your  answer  the  name  of  the  post-office  to  which  you 
desire  future  notices  to  be  sent  to  you. 

,  Register. 

,  Receiver. 

PROOF  OF  PERSONAL  SERVICE. 

State  of ,  County  of ,  ss. 

,  being  first  duly  sworn,  on  his  oath  Bays,  that  he  is  over  the 

age  of  18  years;  that  on ,  191..,  he  served  the  above  notice  of  contest 


(Signature.) 

Subscribed  and  sworn  to  before  me ,  191. . 


(Official  designation.) 
*  See  Rule  of  Practice  7  as  to  the  manner  of  making  personal  service. 


648 

[4— 072b.] 
AFFIDAVIT  AND  OKDEE  FOR  PUBLICATION  OF  NOTICE  OF  CONTEST. 


Serial  No.   . 
Contest  No. 
Department  of  the  Interior. 

United  States  Land  Office. 


v. 


Contest   of    ,   Entry   No ,   dated    ,    19..,   for    the 

of  Sec ,  Twp ,  R 

State  of ,  County  of ,  ss.: 

.- ,  being  duly  sworn,  deposes  and  says  that  he  is in  the 

above-entitled  contest;  that  he  has,  with  a  view  to  obtaining  personal  service 
of  the  notice,  made  diligent  search  and  inquiry  for  the  defendant  within  the 

last  fifteen  days,  as  follows:    That  he  has  made  personal  inquiry  of , 

postmaster  at ,  the  address  of  record,  and  of ,  postmaster  at 

,  that  being  the  nearest  post-office  to  the  land  involved,  as  to  the  place 

of  residence  or  whereabouts  of  said   ,  and  that  he  has  made  like 

inquiry  of   ,  who  reside  in  the  immediate  neighborhood   of  said 

land,  and  from  his  own  personal  knowledge,  as  well  as  the  information  acquired 

from  said  parties,  states  that  said abandoned  said  land  and  went 

to ,  in  the  State  of ,  on  or  about  the day  of ,  1 . . . ; 

that  he  has  since  that  time  been  absent  from  said  land  and  can  not  be  found, 

and  that  his  last  place  of  residence  or  post-office  address  was   and  on 

account  thereof  a  personal  service  of  the  notice  of  said  contest  can  not  be 
made. 

Wherefore  affiant  asks  for  an  order  to  serve  the  said  notice  by  publication. 


Subscribed  and  sworn  to  before  me  this day  of ,  191. . 

(Seal.) 


It  appearing  to  the  satisfaction  of  this  office,  from  the  foregoing  affidavit, 
that  personal  service  of  the  notice  of  said  contest  can  not  be  made  upon  the 
defendant,  it  is  hereby  ordered  that  notice  of  contest  be  served  upon  the  defend- 
ant by  publication,  pursuant  to  the  rules  of  practice  in  such  cases  made  and 
provided. 

,  Register. 

,  Receiver. 

Note. — Personal  service  is  required  in  all  cases  where  the  defendant  can  be 
found,  whether  he  is  a  resident  or  nonresident  of  the  State. 

[4— 072c.] 
NOTICE  OF  CONTEST. 

(For  publication.) 

Department  of  the  Interior. 

United  States  Land  Office. 


To ,  of ,  Contestee : 

You  are  hereby  notified  that ,  who  gives , ,  as  his 

post-office  address,  did  on ,  19.1.  .,  file  in  this  office  his  duly  corroborated 

application  to  contest  and  secure  the  cancellation  of  your ,  Entry 

(Kind  of  ontry.) 

No ,  Serial  No ,  made ,  19 . . ,  for   ,  Section   , 

Township ,  Range , Meridian,  and  as  grounds  for  his  con- 
test he  alleges  that (Here  state  grounds  of  contest.) 

You  are,  therefore,  further  notified  that  the  said  allegations  will  be  taken 


649 

by  this  office  as  having  been  confessed  by  you,  and  your  said  entry  will  \)e 
canceled  thereunder  without  your  further  right  to  be  heard  therein,  either 
before  this  office  or  on  appeal,  if  you  fail  to  file  in  this  office  within  twenty 
days  after  the  fourth  publication  of  this  notice,  as  shown  below,  your  answer, 
under  oath,  specifically  meeting  and  responding  to  these  allegations  of  contest, 
or  if  you  fail  within  that  time  to  file  in  this  office  due  proof  that  you  have 
served  a  copy  of  your  answer  on  the  said  contestant  either  in  person  or  by 
registered  mail.  If  this  service  is  made  by  the  delivery  of  a  copy  of  your 
answer  to  the  contestant  in  person,  proof  of  such  service  must  be  either  the 
said  contestant's  written  acknowledgment  of  his  receipt  of  the  copy,  showing 
the  date  of  its  receipt,  or  the  affidavit  of  the  person  by  whom  the  delivery  was 
made,  stating  when  and  where  the  copy  was  delivered;  if  made  by  registered 
mail,  proof  of  such  service  must  consist  of  the  affidavit  of  the  person  by  whom 
the  copy  was  mailed,  stating  when  and  the  post-office  to  which  it  was  mailed, 
and  this  affidavit  must  be  accompanied  by  the  postmaster's  receipt  for  the 
letter. 

You  should  state  in  your  answer  the  name  of  the  post-office  to  which  you 
desire  future  notices  to  be  sent  to  you. 

,  Register. 

,  Receiver. 

Date  of  first        publication 

Date  of  second    publication 

Date  of  third      publication 

Date  of  fourth    publication 

Copy  of  this  notice,  as  published,  together  with  copy  of  the  affidavit  of 
contest,  must  be  sent  by  the  contestant,  within  10  days  after  the  first  publica- 
tion, by  registered  mail,  directed  to  the  party  for  service  upon  whom  such 
publication  is  being  made,  at  the  last  address  of  such  party  as  shown  by  the 
records  of  the  Land  Office,  and  also  at  the  address  named  in  the  affidavit  for 
publication,  and  also  at  the  post-office  nearest  the  land. 

Copy  of  this  notice,  as  published,  must  be  posted  in  the  office  of  the  register, 
and  also  in  a  conspicuous  place  upon  the  land  involved,  such  posting  to  be 
made  within  10  days  after  the  first  publication  of  notice  as  hereinabove  pro- 
vided. 

[4— 072d.] 
ANSWER  BY  CONTESTEE. 

Serial  No 

Contest  No 

Department  of  the  Interior, 
United  States  Land  Office. 


Contest  of ,  Entry  No ,  dated ,  19.  .x  for  the 

,  See ,  Tp ,  R 

State  of ,  County  of ,  ss.: 

,  defendant  in  the  above-entitled  case,  being  first  duly  sworn, 

for  answer  to  the  application  to  contest  says  that 

I  desire  that  all  notices  or  other  papers  shall  be  sent  to  me  for  service  at 
the  following  address :  

Subscribed  and  sworn  to  before  me  this day  of ,  191 . . 


PROOF  OF  SERVICE. 

,  being  first  duly  sworn,  deposes  and  says  that   on    , 

19. .,  he  served  the  above  answer  by*  

Subscribed  and  sworn  to  before  me  this day  of ,  191. . 


•See    "Notice    of    Contest,"    Form    4— 072a,    for    method    of    service    of 
answer. 


650 

[4— 072e.] 
NOTICE  OF  HEARING. 

Serial  No.  . , 
Contest  No. 
Department  of  the  Interior, 

United  States  Land  Office. 


A  sufficient  contest  affidavit  having  been  filed  in  this  office  by , 

contestant,  against    ,  Entry  No ,  Serial  No ,  made 

(Kind  of  entry.) 

,  for    ,   Section    ,   Township    ,  Eange    ,    

Meridian,  by ,  Contestee,  in  which  it  is  alleged  that , 

and  the  said  contestee  having  filed  a  sufficient  answer  thereto,  said  parties  are 
hereby  notified  to  appear,  respond,  and  offer  evidence  touching  said  allegation 

at  10  o'clock  a.  m.  on    ,   191..,  before    *(and  that   final 

hearing  will  be  held  at  10  o'clock  a.  m.  on 191. .,  before)  the  Register 

and  Receiver  at  the  United  States  Land  Office  in 

,  Register. 

,  Receiver. 

*  If  the  testimony  is  to  be  taken  before  the  Register  and  Receiver,  and 
not  under  Rule  28,  the  words  in  ()  parentheses  should  be  erased. 

[4— 072f.] 

Department  of  the  Interior, 
United  States  Land  Office. 


(Place.) 
(Date.) 
V. 
To  '.'.".'.'.*'.'.'.'.*'.'.'.'.'.'.'.'.'.'.'.'.'.'. 

Sir:    You  are  hereby  notified  that  by  letter  of  even  date  herewith  we  have 
transmitted  to  the  General  Land  Office  the  papers  in  the  above-entitled  case, 

involving   entry  No for ,  with  our  recommendation  that 

the  entry  be  canceled  for  failure  to  file  answer  to  the  allegations  of  the  contest. 
Very  respectfully, 

,  Register. 

,  Receiver. 

[4— 072g.] 

•  Department  of  the  Interior, 

United  States  Land  Office. 


(Place.) 


(Date.) 
Commissioner  of  General  Land  Office. 

Sir:   We  transmit  herewith  all  the  papers  in  the  contest  of v. 

,  involving Entry  No ,  made for 

Notices  were  issued    and  proof   of  due   service  of  a  copy  of  the 

contest  affidavit  and  notice  upon  the  contestee  was  filed  by  the  contestant  on 


The  contestee  has  failed  to  file  answer  within  the  time  allowed,  and  we 
therefore  recommend  the  cancellation  of  the  entry. 

Both  parties  have  been  notified  by  registered  mail  of  the  action  taken. 
Very  respectfully, 

,  Register. 

, ,  Receiver. 


651 

[4—073.] 

Department  of  the  Interior. 

FINAL  AFFIDAVIT. 
Act  June  17,  1902  (32  Stat.,  388). 
Project. 


U.  S.  Land  Office Serial  No. 


(Date.) 

I, ,  having  filed  in  the  local  land  office  at Water  Eight 

Application,  No ,  subject  to  the  provisions  of  the  Act  of  Congress 

approved  June  17,  1902  (32  Stat.,  388),  and  the  acts  amendatory  thereof  or 
supplementary  thereto,  and  the  rules  and  regulations  thereunder,  embracing 

acres  of  irrigable  land  within   Section ,  Township , 

Range    ,    Meridian,  an   area   of    acres,   as   shown  by  the 

approved  plat  on  file  in  the  local  land  office,  in  order  to  perfect  a  right  to  the 
use  of  water  appurtenant  to  said  irrigated  land  by  virtue  of  the  aforesaid  Act 
of  Congress,  do  solemnly  swear  (or  affirm)  that  I  have  made  Homestead  Entry, 
No ,  for  the  tract  of  land  hereinbefore  described,  subject  to  the  afore- 
said Acts  of  Congress,  and  have  made  the  necessary  final  proof  of  residence, 
cultivation,  and  improvement  as  required  by  the  general  homestead  laws;  that 


(Here  state  briefly  compliance  with  the  regulations  requiring  that  one-half  of  the 
irrigable  area  must  be  cleared  and  leveled,  sufficient  laterals  constructed,  land  put  in 
proper  condition,  watered,  cultivated,  and  at  least  one  satisfactory  crop  raised  thereon.) 
and  that  I  have  made  full  payment  for  the  said  area  of  irrigable  land  of  the 
estimated  building  charge  assessed  against  it  in  connection  with  this  project, 
being  $ ,  and  all  operation  and  maintenance  charges  due  at  this  date. 


(Signature.) 

State  of ,  County  of ,  ss.: 

Subscribed  and  sworn  to  before  me  this day  of ,  191. . 


(Seal.) 

(Official  designation  of  officer.) 

My  commission  expires 

(This  affidavit  may  be  sworn  to  by  any  officer  authorized  to  administer  an  oath.) 

and being  duly  sworn, 

depose  and  say  that  they  have  read  the  foregoing;  that  they  are  well  ac- 
quainted with  the  affiant  and  the  land  described;  and  that  to  their  personal 
knowledge  know  that  the  statements  in  regard  to  the  residence  upon  or 
occupancy  thereof  and  the  reclamation  of  said  land  are  true. 


Subscribed  and  sworn  to  before  me  this day  of ,  191. . 

(Seal.) 


(Official  designation  of  officer.) 
[4— 074a.] 
(Affidavit  required   of  parties  appearing  as   assignees  of  original  entrymen.) 

DESERT-LAND  ENTRY. 
(Acts  of  March  3,  1877,  and  March  3,  1891.) 

I,   ,  of ,  claiming  to  be  assignee  of 

,  who  made  entry  No of  the of  section , 

in  township of  range ,   on   the day  of 19..,   at 

the  district  land  office  at    ,  do   solemnly  swear  that   I   am  a   bona   fide 

resident  citizen  of  the  State  or  Territory  of ,and  a citizen  of  the 

United    States,   or   have   declared   my    intention   to   become    a    citizen    of   the 

United    States;    that    the    said ,    who    made    said    entry,    did    on    the 

day    of ,    19..,    transfer    his    right,    thereunder    to    me,    by 

virtue  of  deed  or  instrument  of   writing  of  which   a  certified   copy  is   here* 


652 

with  attached;  and  further,  that  I  do  not  hold  by  assignment  or  otherwise 
more  than  three  hundred  and  twenty  acres  of  land  entered  under  said  acts, 
the  only  lands  so  held  by  me  being  described  as  follows,  and  being  embraced 

in  entries  indicated   as   follows,   viz:* ;    that   since   August   30, 

1890,  I  have  not  acquired  title  to,  nor  am  I  now  claiming  under  any  of  the 
agricultural  public  land  laws,  an  amount  of  land  which,  together  with  the 
land  now  applied  for,  will  exceed  in  the  aggregate  three  hundred  and  twenty 

acres,  except* 

My   postoffice    address   is 


(Sign  plainly,  with  tull  Christian  name.) 

Sworn  to  and  subscribed  before  me  this day  of ,   19..,  at  my 

office   in County 


*Here  insert  statement  of  land  of  entries  in  form  following,  viz:  " 

of  section ,  township of  range ,  entered  by ,  on  the 

day  of ,  19 . . . . ,  entry  No ,   series. ' ' 


[4— 074b.] 

Form  approved  by  the  Secretary  of  the  Interior,  July  9,  1912. 
Department  of  the  Interior. 

DESEKT  LAND   ENTEY. 

TL  S.  Land  Office ,  No 

Yearly  Proof. 

Testimony  of  Claimant. 
(Eead  carefully  the  instructions  on  the  back  hereof.) 

I, ,  do  solemnly  swear  that  I  am  the 

(Give  full  Christian  name.) 

who  made  Desert-Land  Entry  No , 

of  the " , 

(Insert  "same  person"  or  "assignee  of" — giving  name  of  original  entryman.) 

Section ,  Township ,  Range , 

Meridian,  containing acres,  situated  in  

(County  and  State.) 

at  the Land  office,  under  the  Desert-Land  Laws 

of  the  United  States;  that  I  am  a  bona  fide  resident  citizen  of  the  State  of 

(or  that  on I  removed  to 

(Date  of  removal.) 

for  the  reason  that   ) ; 

(Occasion  for  removal.) 

that  my  post-office  address  is ;   that  during  the 

year  after  making  said  entry  I  expended  in  improvements  necessary  for  the 

ultimate  reclamation  of  the  land,  the  sum  of , 

being  not  less  than  one  dollar  per  acre  of  the  area  thereof,  the  expenditure  of 
which  is  fully  set  forth  in  the  following  items,  to  wit: 

In  the  actual  construction  of  reservoirs,  dams,  canals,  ditches, 
laterals,  wells  (claimant  will  cross  out  the  items  not  alleged),  the 
water  from  which  is  to  be  used  for  irrigating  said  land  located 

$ 

In   the   purchase    of 

(Materials  or  machinery.) 

actually  used  in  constructing 

or  actually  installed  for 

In  building  a  fence  located 

In  the  first  clearing  or  breaking  of acres  in  the 


(Give  location.) 
In  surveying  for  the  purpose  of  ascertaining  levels  for. 


In  cash  payment  for  stock  in 

Company,  a  receipt  for  which  is  hereto  attached  together  with  the 


653 

certificate    required    under    par.    18    of    the    Desert-Land    Circular 
approved  Sept.  30,  1910  (39  L.  D.,  253). 

Further  expenditures:    Remarks,  such  as  length  and  capacity 
of  ditches,  etc.,    


(Sign  here,  with  fuli  Christian  name.) 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  pun- 
ished as  provided  by  law  for  such  offense.  (See  Sec.  125,  U.  S.  Criminal 
Code.) 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant  in 
my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to  me 

personally  known  (or  has  been  satisfactorily  identified  before  me  by 

) ;  that  I  verily  believe  affiant 

(Give  full  name  and  post-office  address.) 
to  be  the  identical  person  herein oef ore  described;  and  that  said  affidavit  was 

duly  subscribed  and  sworn  to  before  me,  at  my  office,  in , 

,   ,  within  the    

(Town.)                                                  (County.)  (State.) 

land  district,  this day  of ,  191 . . 


(Official  designation  of  officer.) 

Affidavit  to  Be  Made  Only  in  Case  Proof  Is  Taken  Outside  of  County. 

I  solemnly  swear  that    ,  whose  office   ia 

(Officer  before  whom  proof  is  executed.) 

approximately miles  from  the  entry  and  outside  the  county  in  which 

the  land  is  situated,  is  the  officer  nearest  to  (or  most  accessible  from)  the 
land  authorized  to  administer  oaths  in  desert-land  cases,  within  the  land  dis- 
trict, for  the  reason  that  the  office  of ,  the  nearest  officer 

within    the   county    before    whom    the    proof    might    have    been    executed,    is 

located    

(Facts  as  to  nearness  or  accessibility  of  officer  in  county.) 


(Sign  here,  with  full  Christian  name.) 
Sworn  to  before  me  this day  of  ,  191 . 


(Designation  of  officer.) 

Testimony  of  Witness. 

(Read  carefully  the  instructions  on  the  back  hereof.) 

I,   ,  of   ,  do 

(Give  full  Christian  name.)  (Give  full  post-office  address.) 

solemnly  swear  that  I  am  well  acquainted  with  the  land  hereinbefore  described 

and  embraced  in  Desert-Land  Entry  No ,  made  at  the 

Land  Office,  by ,  and  there  was  expended  for  the  ultimate 

reclamation  of  said  land  during  the    year  after  date  of  entry  the 

sum  of    dollars  as  is  specifically  set   forth   in   the  following 

items,  to-wit: 

(Cost  of  materials  and  labor  to  be  itemized  separately.) 


My  knowledge  in  regard  to  the  existence  of  said  improvements  was 
obtained  from  personal  examination,  and  the  values  thereof  are  reasonably 
stated. 


(Sign  here,  with  full  Christian  name.) 
Note. — Every    person    swearing    falsely    to    the    above    affidavit    will    be 

punished  as  provided  by  law  for  such  offense.     (See  Sec.  125,  U.  S.  Criminal 

Code.) 

I  hereby  certify  that  the  foregoing   affidavit  was  read  to  or  by  affiant 

in  my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to  me  per- 


654 

sonally  known  (or  has  been  satisfactorily  identified  before  me  by 

) ;  that  I  verily  believe  affiant  to  be 

(Give  full  name  and  post-office  address.) 
the  identical  person  hereinbefore  described;   and  that  said  affidavit   was  duly 

subscribed  and  sworn  to  before  me,  at  my  office,  in  , 

, ,  within  the 

(Town.)              (County.)                        (State.) 
land  district,  this day  of  ,  191 .  . 


(Official  designation  of  officer.) 
Testimony  of  Witness. 

I,   ,  of   , 

(Give  full  post-office  address.)  (Give  full  Christian  name.) 

do    solemnly   swear   that   I    am    well    acquainted    with    the    land   hereinbefore 

described  and  embraced  in  Desert-Land  Entry  No ,  made  at 

the    Land   Office,  by    ,   and 

there   was   expended   for  the    ultimate   reclamation    of   said    land    during   the 

year  after  date  of  entry  the  sum  of    dollars  as 

is  specifically  set  forth  in  the  following  items,  to-wit: 

(Cost  of  materials  and  labor  to  be  itemized  separately.) 


My  knowledge  in  regard  to  the  existence  of  said  improvements  was 
obtained  from  personal  examination,  and  the  values  thereof  are  reasonably 
stated. 


(Sign  here,  with  full  Christian  name.) 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be 
punished  as  provided  by  law  for  such  offense.  (See  Sec.  125  U.  S.  Criminal 
Code — over.) 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant  in 
my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to  me 

personally  known  (or  has  been  satisfactorily  identified  before  me  by 

) ;  that  I  verily  believe  affiant  to  be 

(Give  full  name  and  post-office  address.) 
the  identical  person  hereinbefore  described;  and  that  said  affidavit  was  duly 

subscribed  and  sworn  to  before  me,  at  my  office,  in  , 

,   ,  within  the 

(Town.)                   (County.)                        (State.) 
land  district,  this day  of  ,  191 . . 


(Official  designation  of  officer.) 
Bead  Carefully  Before  Preparing  the  Affidavits. 

The  law  requires  an  expenditure  of  not  less  than  three  dollars  per  acre, 
for  the  entire  area  entered,  in  the  necessary  irrigation,  reclamation,  and  culti- 
vation of  the  land,  by  means  of  main  canals  and  branch  ditches,  and  in  the 
permanent  improvements  upon  the  land. 

During  the  first  year  after  entry  the  claimant  must  file  with  the  Eegister 
proof,  consisting  of  his  own  affidavit  and  the  separate  affidavits  of  two  wit- 
nesses, taken  at  the  same  time  and  place  and  before  the  same  officer  taking 
the  claimant's  acknowledgment,  that  the  full  sum  of  one  dollar  per  acre,  for 
the  entire  area,  has  been  so  expended,  and  like  proof  must  be  made  for  each 
year  thereafter  until  the  full  sum  of  three  dollars  per  acre  has  been  expended; 
and  at  the  end  of  the  third  year  the  claimant  must  file  a  map  or  plan  showing 
the  character  and  extent  of  the  improvements. 

Expenditures  for  Which  Proof  Will  Not  Be  Accepted. 

No  proof  of  expenditure  will  be  accepted  unless  the  expenditure  was  essen- 
tial to  the  actual  or  ultimate  reclamation  of  the  land. 


655 

A  dwelling  house  is  not  essential  to  reclamation,  and  no  allowance  will  be 
made  therefor. 

Plowing,  after  the  first  breaking  of  the  land,  seeding  land  to  crops,  irri- 
gating,  cultivating,  and  harvesting  crops  are  not  items  for  which  proof  of 
expenditure  will  be  accepted. 

The  cost  of  windmill  or  pump  will  not  be  allowed  unless  it  is  specifically 
shown  that  the  same  was  essential  to  the  contemplated  mode  of  irrigation  and 
was  not  installed  for  domestic  uses. 

The  cost  of  material  for  necessary  construction  work  will  cot  be  allowed 
unless  it  actually  has  been  applied  to  that  use,  and  it  must  be  so  stated  in 
the  affidavit. 

The  cost  of  tools,  implements,  wagons,  and  repairs  to  same,  used  in  con- 
struction work,  can  not  be  computed  in  the  cost  of  construction. 

No  expenditure  for  surveying  will  be  allowed  unless  it  is  specifically  stated 
that  it  was  for  the  purpose  of  establishing  lines  and  levels  of  canals  and  ditches. 
Expenditures  for  Which  Proof  Will  Be  Accepted. 

Cost  of  constructing  storage  reservoir,  well,  canals,  ditches,  and  main- 
taining same.  The  cost  of  each  item  must  be  stated  separately,  and  the  length, 
capacity,  and  location  of  the  ditches  and  canals  must  be  given. 

Cost  of  water  right,  if  accompanied  with  evidence  of  cash  payment  and 
the  certificate  required  under  par.  18  of  the  Desert-Land  Circular  approved 
September  30,  1910  (39  L.  IX,  253). 

Cost  of  clearing  land,  if  it  is  shown  to  be  the  first  clearing.  The  extent, 
character,  and  location  of  all  clearing  must  be  fully  set  forth. 

Cost  of  first  plowing  or  breaking.  All  claim  for  plowing  or  breaking  must 
specifically  state  that  it  was  the  first  plowing  or  breaking  of  the  soil,  and 
the  area  and  location  of  the  land  broken  must  be  stated. 

Cost  of  fencing  necessary  to  protect  the  land  for  the  purpose  of  reclama- 
tion, the  length,  kind,  and  location  to  be  stated. 

Cost  of  any  permanent  improvement  essential  to  the  reclamation  of  the 
land,  provided  its  purpose  or  use  is  shown. 

Be  specific.  Set  forth  in  detail  the  nature,  character,  and  purpose  of  all 
improvements,  and  state  cost  of  each  separately. 

Sec.  125,  U.  S.  Criminal  Code. 

Whoever,  having  taken  an  oath  before  a  competent  tribunal,  officer,  or 
person,  in  any  case  in  which  a  law  of  the  United  States  authorizes  an  oath 
to  be  administered,  that  he  will  testify,  declare,  depose,  or  certify  truly,  or 
that  any  written  testimony,  declaration,  deposition,  or  certificate  by  him  sub- 
scribed is  true,  shall  willfully  and  contrary  to  such  oath  state  or  subscribe 
any  material  matter  which  he  does  not  believe  to  be  true,  is  guilty  of  perjury, 
and  shall  be  fined  not  more  than  two  thousand  dollars  and  imprisoned  not 
more  than  five  years. 

Note. — In  addition  to  the  above  penalty,  every  person  who  knowingly  or 
willfully  in  anywise  procures  the  making  or  presentation  of  any  false  or 
fraudulent  affidavit  pertaining  to  any  matter  within  the  jurisdiction  of  the 
Secretary  of  the  Interior  may  be  punished  by  fine  or  imprisonment. 


656 

[4—076.] 
Department  of  the  Interior, 

United  States  Land  Office 

AFFIDAVIT  IN  CONTESTED  CASES  UNDER  THE  SWAMP-LAND  GRANT. 

State  of 

County  of 

ss. 

On  this day  of ,  personally  appeared 

before  me,  the  undersigned,  ,  in  said  State, 

,    who,    being   by    me    duly    sworn,    deposes    and 

says  that  he  is  well  acquainted  with  the  character  of  the  soil  in  the  following- 
described  tract  of  land,  to  wit : 

Section ,  Township ,  Eange ,    

Meridian,  in  the  district  of  lands  subject  to  sale  at , 

in  the  State  aforesaid,  and  being  in  the  County  of ; 

that  he  has  been  over  and  examined  the  lines  of  said  land,  and  the  marks 
or  designations  on  the  corner  posts  or  trees,  and,  from  such  examination,  has 
ascertained  and  knows  the  greater  part  of  each  40-acre  tract  or  other  smallest 
legal  subdivision  thereof  to  be  dry  and  fit  for.  cultivation,  without  artificial 
drainage  or  embankment,  and  free  from  such  regular  periodical  overflow,  either 
at  the  planting,  growing,  or  harvesting  season,  as  would  materially  injure  or 
destroy  a  crop;  that  the  growth  on  said  land  consists  of 

and  that  the  growth  on  the  adjoining  tract  consists  of 


And  further,  that  such,  he  believes,  was  the  character  thereof  on  the  28th  of 
September,  1850,  the  day  on  which  the  Swamp-Land  Law  was  passed. 


(Signature.) 
Subscribed  and  sworn  to  before  me  on  the  day  aforesaid. 

Also  appeared  before  me  at  the  same  time  and  place 

and ,  who  being  duly  sworn,  depose  and  say  that 

they    are    acquainted    with    the    tract    described    in    the    above    affidavit    of 

,  and  know  from  personal  knowledge   and 

observation  that  the  statements  made  therein  are  true. 


Subscribed  and  sworn  to  before  me  on  the  day  aforesaid. 


(Official  designation.) 

The  above  affidavit  may  be  made  before  the  Register  of  the  Land  Office. 
Where  that  can  not  be  conveniently  done  it  may  be  made  before  any  officer 
authorized  to  administer  oaths,  and  in  that  case  his  official  character  must 
be  certified  under  seal. 

[4—081.] 

Department  of  the  Interior. 

In  the  United  States  Land  Office 

At ,  before  the  Register  and  Receiver. 


L'tiK    UJNITKD    STATUS    Uf 
AMERICA, 
Plaintiff, 

Involving    the   

v. 

..Entry    No  

for     

AFFIDAVIT  AND  MOTION  FOR  COMMISSION  TO  TAKE  DEPOSITIONS 
ORALLY   AND   NOT   ON   INTERROGATORIES. 

The  undersigned,  being  duly  sworn,  on  his  oath  says  that  he  is  a  special 
agent  of  the  General  Land  Office  and  the  agent  for  the  plaintiff  in  the  above- 


657 

entitled    case;    that    the    following    persons    are    material    witnesses    for    the 
plaintiff  in  said  case  and  reside  as  stated,  to  wit: 

,   residence    

(County.)  (State.; 

,  residence    

,   residence    

that  each  of  said  witnesses 


and  by  reason  thereof  can  not  be  procured  to  attend  the  trial  of  said  case 
before  the  Register  and  Eeceiver  at  the  local  land  office;  that  due  service 
of  notice  of  plaintiff's  intention  to  take  such  depositions  was  had  upon  the 

defendants   herein   on ,   191 ..,  as  more  fully   appear   by 

the   copy   of   such  notice   and   return   thereon   herewith   filed. 

Wherefore,  the  undersigned,  as  agent  for  the  plaintiff  herein,  moves  that 

a  commission  issue  to ,  a 

authorized  to  administer  oaths  in  the  County  of , 

State  of ,  commanding  him  to  take  the  depo- 
sitions of  the  above-named  witnesses  and  such  other  witnesses  as  may  be 
produced  on  behalf  of  the  plaintiff  or  of  the  defendants  herein,  orally  by 
question  and  answer,  to  be  by  the  said  commissioner  reduced  to  writing  and 

properly  returned  as  by  law  required  at  his  office  at , 

at  10  a.  m.,  on ,  191..,  and  from  day  to  day  there- 
after until  taken. 


Subscribed  and  sworn  to  before  me  this day  of ,  191..., 

at 


(Official  designation  of  officer.) 
ORD-EB.— ALLOWANCE  OF  MOTION. 

The  foregoing  affidavit  and  motion  being  considered,  and  the  undersigned 

being  advised,  the  said  motion  is  this day  of , 

191...,  allowed,  and  commission  will  issue. 


Register. 

Eeceiver. 
[4—082.] 

Department   of   the   Interior. 

In  the  United  States  Land  Office, 

At ,  before  the  Eegister  and  Eeceiver. 

THE  UNITED  STATES  OF 
AMERICA, 


Plaintiff, 


Involving    the . 

Entry  No 

for    


Defendants. 

COMMISSION  TO   TAKE   DEPOSITION   ORALLY   AND   NOT   ON 
INTERROGATORIES. 

To ,  Greeting: 

Know  you,  that  you  are  hereby  vested  with  full  power  and  authority  to 
conduct  the  hearing,  take  the  testimony,  and  administer  oaths  to  witnesses, 

at  your  office  at on  the 

day  of ,  19....,  at  10  a.  m.,  and  daily  thereafter,  as 

you  shall  from  time  to  time  said  hearing  adjourn,  and  until  the  same  is  com- 
plete as  to  all  witnesses  then  before  you  produced  on  behalf  of  either*  the 
plaintiff  or  the  defendant  in  the  above-entitled  case;  that  you  should  admin- 
ister an  oath  to  each  of  said  witnesses  before  testifying,  that  he  will  tell  the 
truth,  the  whole  truth,  and  nothing  but  the  truth;  and  that  you  will  cause 
all  questions  addressed  to  said  witness  by  counsel  for  either  plaintiff  or 


638 

defendants,  together  with  the  answer  tT>  such  question,  to  be  written  out  as 
given,  and  that  the  whole  thereof  for  each  witness  you  will  cause  to  be  read 
over  to  said  witness  and  have  said  witness  subscribe  and  swear  thereto  in 
the  usual  manner  before  said  witness  is  discharged;  that  you  will  also  cause 
to  be  written  out  in  the  record,  at  the  time  made,  such  motions  and  objections 
as  respective  counsel  may  make;  *that  you  are  authorized  to  issue  subpoenas 
for  such  witnesses  as  may  be  required  by  plaintiff  or  defendants  and  deliver 
the  same  to  said  plaintiff  or  defendants  or  their  attorneys  for  service;  that 
if  any  witness  is  duly  subpoenaed  at  least  five  days  prior  to  said  hearing  but 
fails  to  attend  in  pursuance  of  said  subpoena,  you  will  make  due  return 
thereon;  that  when  the  testimony  of  all  witnesses  offered  on  behalf  of  plaintiff 
and  defendant  shall  have  been  taken  you  will  attach  thereto  your  certificate, 
stating  that  each  said  witness  was  duly  sworn  before  testifying,  that  the 
testimony,  question,  and  answer  as  written  was  read  over  to  him  before  he 
subscribed  the  same  and  that  he  thereupon  subscribed  the  same  at  the  time 
and  place  therein  mentioned;  the  said  depositions  and  certificates,  together 
with  this  certificate,  you  will  then  seal  up,  indorse  the  title  of  this  cause 
upon  the  envelope,  and  the  whole  return  by  mail  or  express  with  all  possible 
dispatch,  to  be  used  on  the  trial  of  the  above-entitled  case  now  pending 
before  us.  (Strict  compliance  with  Rule  of  Practice  39,  effective  February 
1,  1911,  is  required.) 


Register. 


Receiver. 

*Where  testimony  is  to  be  taken  under  Rule  28  of  Practice,  this  sentence 
should  be  stricken  out. 

RETURN  OF  COMMISSION. 

According  to  the  command  of  the  within  writ,  I  did,  on  the 

day  of ,   19....,  at  10  a.  m.,  and  daily  thereafter  until 

complete,  at  my  office  at ,  execute  the  power  and 

authority    upon    me    conferred,   in    this,    that   I    then    and    there    called    said 

hearing  and  that  the  following  persons,  to  wit:   

• •  •  w 

then  and  there  appeared  as  witnesses  before  me  in  said  cause  and  were  by 
me  each  first  duly  sworn  to  tell  the  truth,  the  whole  truth,  and  nothing  but 
the  truth  in  said  action,  and  each  of  said  witnesses  being  so  sworn  was 
examined  and  testified  as  in  his  said  hereto-attached  deposition  does  appear, 
and  that  all  objections  and  motions  made  on  behalf  of  plaintiff  or  defendant 
are  set  out  in  said  depositions;  that  the  within  depositions  are  all  the  ques- 
tions and  answers,  motions,  and  objections  made  at  said  hearing,  and  that  I 
caused  the  same  to  be  written  out,  and  the  whole  when  completed  as  to  each 
witness  was  read  over  to  such  witness  and  by  him  so  above  sworn  was  sub- 
scribed under  oath  before  discharged;  that  to  each  of  said  depositions  I  then 
attached  by  certificate,  stating  that  the  same  was  subscribed  and  sworn  to  by 
the  said  witness  at  the  time  and  place  above  mentioned. 


(Official  designation  of  officer.) 

Note. — If  the  officer  designated  to  take  the  deposition  has  an  official  seal, 
his  certificates  must  bear  such  seal;  if  he  has  no  seal,  a  proper  certificate 
of  his  official  character,  under  seal,  must  accompany  his  return. 

[4—083.] 
STIPULATION. 
1  Contest   involving. 

Plaintiff. 


Defendant. 

It  is  hereby  stipulated  and  agreed  by  and  between  the  parties  hereto  that 
the  oral  testimony  and  proceedings  taken  and  had  at  a  hearing  in  the  abOTe- 
entitled  case  before on . . 


659 

19 .  .  .  . ,  may  be  taken  down  in  shorthand  by 

stenographer,  and  by afterwards  transcribed,  and  that  the 

transcribed  record,  when  sworn  to  by  said  stenographer  as  being  a  full,  true, 
and  correct  record  of  all  the  testimony  and  proceedings  taken  and  had  at  said 
hearing,  shall  be  received  and  considered  in  all  respects  as  if  the  witnesses 
testifying  at  said  hearing  had  subscribed  the  testimony  respectively  given  by 
them,  the  signatures  of  said  witnesses  being  specifically  waived. 


(Applicable  to  Nebraska  Only.) 

[4-093.] 
(Form   approved  by  the   Secretary  of   the   Interior  January   19,  1912.) 

Department  of  the  Interior. 
ISOLATED  OR  DISCONNECTED  TRACTS. 

U.  S.  Land  Office, No 

Affidavit  of  Purchaser. 
(Section  3,   Act   March  2,  1907.) 

I, ( ),  being  first 

(Male  or  female.) 

duly  sworn,  upon  oath  state  that  my  postoffice  address  is ; 

that  I  am  the  purchaser  of ,  Section , 

Township ,  Range , Meridian,  con- 
taining  acres,  in  Nebraska,  under  the  Act  of  June  27,  1906 

(34  Stats.,  517),  as  amended  by  section  3  of  the  Act  of  March  2,  1907  (34  Stats., 

1224) ;  that  I 

(Insert  statement  that  affiant  is  a  native-born  or  naturalized  citizen,  or  has  declared 
intention  to  become  such,  as  the  case  may  be.  Record  evidence  of  naturalization  or 
declaration  of  intention  must  be  furnished.) 

citizen  of  the  United  States;  that  said  purchase  is  made  for  my  own  use  and 
benefit,  and  not,  directly  or  indirectly,  for  the  use  and  benefit  of  any  other 
person;  that  I  have  not  heretofore  purchased  under  the  provisions  of  said 
Act,  either  directly  or  indirectly,  any  lands,  except 

(Give    description   of   lands   heretofore  purchased  under  this  act,  if  any.) 


(Sign  plainly  with  full  Christian  name.) 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  pun- 
ished as  provided  by  law  for  such  offense.  (See  Sec.  125,  U.  S.  Criminal  Code, 
below.) 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant  in 
my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to  me  per- 
sonally known  (or  has  been  satisfactorily  identified  before  me  by 

),  and  that  said  affidavit 

(Give  full  name  and  post-office  address.) 

was  duly  subscribed  and  sworn  to  before  me,  at  my  office,  in 

,  within  the 

(Town,  county  and  State.) 

land  district,  this 

day  of ,19 


(Official  designation  of  officer.) 

Section  125,  U.  S.  Criminal  Code. — "Whoever,  having  taken  an  oath  before  a 
competent  tribunal,  officer,  or  person,  in  any  case  in  which  a  law  of  the 
United  States  authorizes  an  oath  to  be  administered,  that  he  will  testify, 
declare,  depose,  or  certify  truly,  or  that  any  written  testimony,  declaration, 
deposition,  or  certificate  by  him  subscribed,  is  true,  shall  willfully  and  contrary 
to  such  oath  state  or  subscribe  any  material  matter  which  he  does  not  believe 
to  be  true,  is  guilty  of  perjury,  and  shall  be  fined  not  more  than  two  thousand 
dollars  and  imprisoned  not  more  than  five  years. 


660 


[4— 095a.] 

Department  of  the  Interior. 

In  the  United  States  Land  Office. 

At ,  before  the  Kegister  and  Eeceiver. 


IH.E  UIUTE1J  BTATJK 

AMERICA, 

5  UF 
Plaintiff, 

Involving  the  

V. 

Entry    No  

f-for        

Defendant. 

COMMISSION  TO  TAKE  DEPOSITIONS  ON  INTERROGATORIES. 

To ,  Greeting : 

Know  you,  that  you  are  hereby  appointed  and  vested  with  full  power  and 
authority  to  examine,  under  oath,  on  the  interrogatories  hereto  attached,  at 

your   office    at on    the 

day  of ,  191. .,  at  10  a.  m.,  and  daily  thereafter,  until 

complete,  the  following  persons,  to  wit:   

I 

and  cause  said  interrogatories  to  be  written  out  and  the  answers  thereto  to 
be  inserted  immediately  underneath  the  respective  questions;  and  the  whole 
thereof  for  each  witness  you  will  cause  to  be  read  over  to  said  witness,  and 
you  will  the  said  witness  swear  and  have  him  subscribe  thereto  in  the  usual 
manner  before  said  witness  is  discharged;  that  you  will  attach  your  certificate 
to  each  said  deposition  stating  that  the  same  was  subscribed  and  sworn  to 
by  the  deponent  at  the  time  and  place  herein  mentioned;  that  the  said 
depositions  and  certificates,  together  with  this  commission  and  interrogatories, 
you  will  then  seal  up,  indorse  the  title  of  this  cause  upon  the  envelope,  and 
the  whole  return  by  mail  or  express  with  all  possible  dispatch,  to  be  used  on 
the  trial  of  the  above-entitled  case  now  pending  before  us. 


Register. 

Receiver. 
EETURN  OF  COMMISSION. 

According  to  the  command  of  the  within  writ,  I  did,  on  the 

day  of ,  191. . .,  at  10  a.  m.,  and  daily  until  com- 
plete, at  my  office  at ,  execute  the  power  and 

authority  upon  me  conferred  in  this,  that  the  said 

then  and  there  appeared  before  me  and  was  by  me  each  first  duly  sworn 
to  tell  the  truth,  the  whole  truth,  and  nothing  but  the  truth  in  said  action; 
and  each  of  said  witnesses  being  so  sworn,  I  examined  upon  the  interroga- 
tories to  him  addressed  as  appended  to  said  writ,  and  caused  to  be  written 
out  said  interrogatories  and  the  answers  thereto  to  be  written  out  and 
inserted  immediately  underneath  the  respective  questions,  and  the  whole 
when  completed  was  read  over  to  said  witness  and  by  him,  so  above  sworn, 
subscribed  .under  oath  before  discharged;  that  to  each  said  deposition  I  then 
attached  my  certificate,  stating  that  the  same  was  subscribed  and  sworn  to 
by  the  said  witness  at  the  time  and  place  in  said  writ  mentioned. 


(Official   designation  of  officer.) 

Note. — If  the  officer  designated  to  take  the  depositions  has  an  official 
seal,  his  certificate  must  bear  such  seal;  if  he  has  no  seal,  a  proper  certificate 
of  his  official  character,  under  seal,  must  accompany  his  return. 


661 

[4—100.] 

Department  of  the  Interior. 

In  the  United  States  Land  Office. 

At ,  before  the  Kegister  and  Receiver. 


AMERICA, 
Plaintiff, 

Involving    the  

V. 

Entry    No  

*-f  or    

Defendant. 

NOTICE  TO  TAKE  DEPOSITIONS  NOT  ON  INTERROGATORIES. 

To ,Defendant: 

You  will  take  notice  that  the  plaintiff  in  the   above-entitled  proceeding 
has  this  day  filed  an  application  to  take  depositions  of 

on  the day  of 19 . . . . ,  between 

the  hours  of o'clock  a.  m.  and o'clock  p.  m.  of  said  day,  at 

the  office  of ,  a 

in County,  in  the  State  of 

a  copy  of  which  application  is  hereto  attached,  and  you  are  notified  that, 
unless  you  show  good  and  sufficient  reasons  to  the  contrary,  a  commission 
will  be  issued  on  said  application  at  the  expiration  of  ten  days  from  the 
date  of  this  notice,  and  said  depositions  will  be  taken  at  the  time  and  place 
named  herein  and  said  taking  will  be  continued  from  day  to  day,  if  necessary, 
until  completed;  and  you  will  not  thereafter  be  heard  to  question  either  the 
form  or  sufficiency  of  said  application  or  the  validity  or  effect  of  such 
commission. 

THE  UNITED  STATES  OF  AMERICA, 

By ,  Agent 

State    of 

County    of 

ss. 

,  a  citizen  of  the  United  States  and  of  the 

age  of  twenty-one  years  or  over,  being  first  duly  sworn,  states  that  he  did, 

on  the day  of ,   19 , 

deliver  to ,  the  same  person  named  in  the 

foregoing  notice,  a  true  copy  of  said  notice,  said  delivery  having  been  made 
to  said .  at 


Subscribed  and  sworn  to  before  me  by 

this day  of ,19. 


(Official  designation  of  officer.) 

Note. — The  foregoing  affidavit  must  be  executed  before  an  officer  having 
and  using  a  seal,  or  before  the  Register  or  Receiver  of  the  United  States 
District  Land  Office  in  which  the  proceeding  in  which  the  notice  was  issued 
is  pending. 

Affidavit 

[4—1021).] 

To  be  used  in  all  entries  since  August  30,  1890. 
Department  of  the  Interior. 
United  States  Land  Office, 


,  19-... 

I,    ,    of 

applying   to the    following-described    nonmineral    public 

lands,   to  wit :    


662 

in   Township , ,   of   Kange ,    , 

M.,  do  solemnly  swear  that  since  August  30,  1890,  1 

have  not  acquired  title  to,  nor  am  I  now  claiming  under  any  of  the  public 
land  laws  of  the  United  States  other  than  the  mineral  land  laws,  an  amount 
of  land  which,  together  with  the  land  above  described,  will  exceed  in  the 
aggregate  three  hundred  and  twenty  acres,  except 

settled  upon  by  me  prior  to  August  30,  1890.  Said  settlement  was  commenced 
,  and  my  improvements  thereon  consist  of 


i  Siirn  plainly,  with  full  Christian  name.) 

Subscribed  and  sworn  to  Lefore  me  this day  of 

19 . . . . ,  at  my  office  in County,  in 


[4— 109b.] 

Application  for  repayment  of  purchase  moneys  and  commissions. 

(Sec.  1,  Act  of  March  26,  1908.) 

Department  of  the  Interior, 

General  Land  Office, 


The  Commissioner  of  the  General  Land  Office. 

Sir:     I   hereby  make  application  for  the  return  of  the  purchase  money 

and  commissions  paid  with Application,  No , 

(Kind.) 

for    the 

Section ,  Township ,  Kange ,   

Meridian,  as  per  Eeceiver 's  Eeceipt,*  No ,  issued  at  

dated ,  which  is  surrendered  herewith ;   and  on   oath 

declare  that  I  am  the  same  (or  legal  representative  of  the)  person  who  made 
said  payment,  and  that  there  was  no  fraud  or  attempted  fraud  in  connection 
with  the  effort  to  obtain  title  to  the  land  described. 


(Signature  of  applicant.) 

(Post-office  address.) 


State  of ,  County  of 

Subscribed  and  sworn  to  before  me  this day  of 


(Official  designation.) 

*  If  the  receipt  has  been  lost  or  destroyed,  so  state. 

The  above  affidavit  may  be  made  before  the  register  or  receiver  or  any 
officer  authorized  to  administer  oaths.  When  made  before  a  justice  of  the 
peace  a  certificate  of  official  character  is  required. 

[4— 109b.] 

APPLICATION  FOE  EEPAYMENT  OF  EXCESS  PAYMENTS. 
(Sec.  2,  Act  of  March  26,  1908.) 

Department  of  the  Interior. 
General  Land  Office. 


The  Commissioner  of  the  General  Land  Office. 

Sir:    I  hereby  make  application  for  the  return  of  the  amount  paid  in  excess 

of  the  lawful  requirements  on Entry,  No ,  for  the Section 

(Kind.) 
,  Township    ,  Eange    ,    ......    Meridian,  as  per  Keceiver's 


663 

Eecept,  No ,  issued  at  ,  dated   ;  and  on  oath  declare  that 

I  am.  the  same  (or  legal  representative  of  the)  person  who  made  said  payment. 


(Signature  of  applicant.) 
(Post-office  address.) 


State  of ,  County  of 

Subscribed  and  sworn  to  before  me  this day  of 


(Official  designatjon.) 

The  above  affidavit  may  be  made  before  the  register  or  receiver  or  any 
officer  authorized  to  administer  oaths.  When  made  before  a  justice  of  the 
peace  a  certificate  of  official  character  is  required. 

[4—187.] 

Department  of  the  Interior, 
United  States  Land  Office. 


The  Eecorder  of  Deeds, 


(Hace.) 
(Date.) 


Sir:  For  the  information  of  yourself  and  the  public,  in  connection  with 
the  official  records  of  your  county,  you  are  advised  that  final  Eegister's  Cer- 
tificate, No ,  issued  to for  the  following  described  land: 

(Date.) 

Section  ,  Township   ,  Range   ,   Meridian,  was 

finally  canceled  by  decision  of  the  General  Land  Office,  dated 

Very  respectfully, 

,  Register. 

[4—189.] 

Department  of  the  Interior, 
United  States  Land  Office 

Serial  No 

Beceipt  No 

CERTIFICATE. 

,  19.. 

(Date.) 

It  is  hereby  certified  that,  in  pursuance  of  law,   ,  residing  at 

,  in County,  State  of ,  on  this  day  purchased  of  the  Reg- 
ister of  this  office  the ,  Section ,  Township ,  Range   , 

Meridian, ,  containing acres,  at  the  rate  of dollar. . 

and   cents  per  acre,  amounting  to   dollars  and   cents,  for 

which  the  said has  made  payment  in  full  as  required  by  law. 

Now,  therefore,  be  it  known  that,  on  presentation  of  this  Certificate  to 

the  Commissioner  of  the  General  Land  Office,  the  said   shall  be 

entitled  to  receive  a  patent  for  the  lot  above  described. 

,  Register. 

Note. — A  duplicate  of  this  certificate  is  issued  to  the  claimant  as  notice 
of  the  allowance  of  the  entry  by  the  Register  and  Receiver. 

The  original  is  forwarded  to  the  General  Land  Office,  with  the  entry  papers, 
for  approval  by  the  Commissioner  of  the  General  Land  Office  and  issuance  of 
patent. 

The  duplicate  copy  forwarded  to  the  claimant  should  be  held  until  notice 
of  issuance  of  patent  is  received. 

In  all  correspondence  concerning  the  entry  in  connection  with  which  this 
certificate  is  issued,  refer  to  the  name  of  the  Land  Office  and  the  Serial  Num- 
ber noted  hereon. 

Approved 

By ,  Division 


664 

[4—196.] 

Department  of  the  Interior. 

United  States  Land  Office  ..................... 

Serial  No 
Keceipt  No 
CERTIFICATE. 

Homestead. 


(Date.) 

It  is  hereby  certified  that,  pursuant  to  the  provisions  of  Section  2291, 
Eevised  Statutes  of  the  United  States,  ............  has  made  payment  in  full 

for  ......  ,  Section  ......  ,  Township   ......  ,  Range   ......  ,  ......  Meridian, 

......  ,  containing  ......  acres. 

Now,  therefore,  be  it  known  that,  on  presentation  of  this  certificate  to  the 
Commissioner   of   the   General   Land    Office,   the    said    ............    shall   be 

entitled  to  receive  a  patent  for  the  lot  above  described. 

..............................  ,  Kegister. 

Note.  —  A  duplicate  of  this  certificate  is  issued  to  the  claimant  as  notice 
of  the  allowance  of  the  entry  by  the  Register  and  Receiver. 

The  original  is  forwarded  to  the  General  Land  Office,  with  the  entry  papers, 
for  approval  by  the  Commissioner  of  the  General  Land  Office  and  issuance  of 
patent. 

The  duplicate  copy  forwarded  to  the  claimant  should  be  held  until  notice 
of  issuance  of  patent  is  received. 

In  all  correspondence  concerning  the  entry  in  connection  with  which  this 
certificate  issued,  refer  to  the  name  of  the  Land  Office  and  the  Serial  Number 
noted  hereon. 

Approved  ......................... 

By  .............................  ,  Division   ...... 

[4—197.] 

Additional  Entry  under  Section  2306  of  the  Revised  Statutes  of  the  United 

States. 

CERTIFICATE. 

Land  Office,  ................... 


,  190.. 

Final  Certificate  No Application  No 

It  is  hereby  certified  that,  pursuant  to  the  provisions  of  Section  2306  of  the 
Revised  Statutes  of  the  United  States, has  paid  the  fee  and  com- 
missions, and  made  entry  of  the of  Section ,  of  Township , 

of  Range ,  containing acres,  which  added  to  the  quantity  embraced 

in  his  original  homestead  No ,  on  which  he  has  made  final  proof,  as 

per  certificate  No ,  does  not  exceed  one  hundred  and  sixty  acres. 

Now,  therefore,  be  it  known  that,  on  presentation  of  this  certificate  to 

the  Commissioner  of  the  General  Land  Office,  the  said  shall  be 

entitled  to  a  patent  for  the  tract  of  land  above  described. 


Register. 
[Form  4—200.] 

See  Desert  Land,  Final  Proof. 

[4—201.] 

REGISTER'S  FINAL  CERTIFICATE  OF  ENTRY. 
Department  of  the  Interior, 

United  States  Land  Office, 

Mineral  Entry  No 

Lot  No 

at 

,  190.. 

It  is  hereby  certified  that  in  pursuance  of  the  provisions  of  the  Revised 
Statutes  of  the  United  States,  Chapter  VI,  Title  XXXII,  and  legislation  sup- 
plemental thereto  ,  whose  post-office  address  is  ,  on  this 

day  purchased   that  Mining  Claim  known  as  the ,  Section    ,  in 

Township  No ,  of  Range  No ,    Meridian,  designated  as 


665 

Lot..  No ,  said  Lot  No extending feet  in  lengvh  along 

said vein  or  lode,  expressly  excepting  and  excluding  from  said  purchase 

all  that  portion  of  the  ground  embraced  in  mining  claim. .  or  survey. .   desig- 
nated as  Lot..  No ,  and  also  that  portion  of  any  vein  or  lode  the  top 

or  apex  of  which  lies  inside  of  said  excluded  ground;  said  Lode claim, 

as  entered,  embracing   acres,  and  said  Mill-Site  claim   acres,  in 

the  Mining  District  in  the  County  of and of ,  as 

shown   by  the    plat   and   field    notes    of    survey   thereof,   for   which    the    said 
part . .    first  above   named   this   day   made   payment   to   the   Receiver   in   full, 

amounting  to  the  sum  of dollars. 

Now,  therefore,  be  it  known  that  upon  the  presentation  of  this  certificate 
to  the  Commissioner  of  the  General  Land  Office,  together  with  the  plat  and 
field  notes  of  survey  of  said  claim  and  the  proofs  required  by  law,  a  patent 
shall  issue  thereupon  to  the  said if  all  be  found  regular. 


Eegister. 
[4—  219a.] 

REGISTER'S  FINAL  COAL  CERTIFICATE  OF  ENTRY. 
Coal  Entry  No  .......  Land  Office  at  ................  , 


It  is  hereby  certified  that  in  pursuance  of  the  Revised  Statutes  of  the 
United  States  relating  to  Coal  Lands  ............  ,  residing  at  ......  ,  in.  ...... 

County,  State  of   ......  ,  on  this  day  purchased  of  the  Register  of  this  office 

the  ......  of  Section  No  .......  ,  in  Township  No  .......  ,  of  Range  No  .......  , 

of  the  ......  Principal  Meridian,  ......  containing  ......  acres,  at  the  rate 

of  ......  dollars  per  acre,  amounting  to  ......  dollars  and  ......  cents,  for 

which  the  said  ............  ha.  .  made  payment  in  full  as  required  by  law. 

Now,  therefore,  be  it  known  that,  on  presentation  of  this  certificate  to 
the  Commissioner  of  the  General  Land  Office,  the  said   ............   shall  be 

entitled  to  receive  a  patent  for  the  land  above  described  if  all  be  found  regular. 

..............................  ,  Register. 

[4—235.] 
Scrip  Certificate.  Registers  and  Receivers. 

SIOUX  HALF  BREED  RESERVE  AT  LAKE  PEPIN. 
(Act  of  July  17,  1854.) 

United  States  Land  Office, 

.....................  ,  189.. 

We  hereby  certify  that  the  attached  Half  Breed  Scrip  No  .......  ,  Letter 

......  ,  was  on  this  day  received  at  this  office  from   ............  ,  of   ...... 

County,  State  of  Minnesota. 

..............................  ,  Register. 

..............................  ,  Receiver. 

I,    ............  ,    ......    County,    State    of    Minnesota,    hereby    apply    to 

locate,  and  do  locate,  the  tract  of  land   as  designated  by  the  plats  of  the 
Government  survey,  to-wit:   ......  ,  containing   ......  acres,  in  the  district  of 

lands  subject  to   sale   at   the   Land  Office   at    ......  ,  in   satisfaction   oT   the 

attached  Scrip  No  .......  ,  Letter   ......  ,  issued  under  the  Act  of  July  17, 

1854. 

Witness  my  hand  and  seal,  this  ......  day  of  ......  ,  189.  . 

Attest: 

..............................  ,  Register. 

..............................  ,  Receiver. 


United  States  Land  Office, 

,  189.. 

We  hereby  certify  that  the  annexed  Scrip  No ,  Letter ,  has 

this  day  been  located  on  the  tract  of  land  described  within,  containing  . . .  •. . . 
acres,  agreeable  to  Act  of  July  17,  1854,  and  by  the  party  duly  authorized  to 
make  such  location. 

,  Register. 

,  Receiver. 


666 

[4— 252f.] 

[This  letter  of  transmission  must  invariably  be  used  in  forwarding  the 
"complete  record"  in  a  mineral  application  or  entry,  as  directed  by  paragraph 
73  of  the  Mining  Circular.  Too  much  care  can  not  be  exercised  to  see  that  the 
schedule  is  correctly  and  comprehensibly  filled  out.  Each  entry  should  be  for- 
warded by  separate  letter.] 

Department   of  the  Interior, 
Unitrl  States  Land  Office, 


,  191.. 

The  Commissioner  of  the  General  Land  Office,  Washington,  D.  C. 

Sir:   We  have  the  honor  to  transmit  herewith  a  complete  record  in  Mineral 
Application ,  Entry  No ,  for  the claim,  as  follows: 

Application  for  Patent. 

Field   Notes,   including  Survevor-General 's   certificate   of   improve- 
ments. 

Plat,  Survey  No 

Copy  of  Location  Certificate. 

Abstract  of  Title. 

Affidavits  of  Citizenship,  or  Articles  of  Incorporation. 

Power  of  Attorney. 

Surveyor-General's   Certificate    of  Improvements    (not   included   in 

field  notes). 

Proof  of  Improvements — placer,  legal  subdivision. 

Mineral  Surveyor's  Report  on  Placers  (approved  by  United  States 

Surveyor-General) . 

Proof  that  no  known  vein  exists. 

Affidavit,  nonmineral  character  of  mill  site. 

Affidavit,  use  or  occupancy  of  mill  site. 

Proof  of  Posting  Plat  and  Notice  on  the  Claim. 

Proof  of  Continuous  Posting  during  period  of  publication. 

Certificate  of  Posting  Plat  and  Notice  in  the  United  States  Land 

Office. 

Proof  of  Publication. 

Agreement  of  Publisher. 

Adverse  Claims 

(Give  serial  No.  of  each  adverse  claim  ;  if  none,  so  state.) 

Court  Certificates. 

Protests. 

Eeport  of  Special  Agent. 

Application  to  purchase. 

Sworn  Statement  of  all  Charges  and  Fees  Paid. 

Register 's  Final  Certificate. 


Inclosures. 

,  Register. 

,  Receiver. 

[4—274.] 

Form  approved  by  the  Secretary  of  the  Interior  November  12,  1907. 

Department  of  the  Interior. 

DESERT-LAND  ENTRY. 

U.  S.  Land  Office,  ,  No 

Declaration  of  Applicant. 

I,  ( )   a  resident  of 

(Give  full  Christian  name.)                         i  Male  or  female.) 
,  do  solemnly  swear  that  I   

(Town,  county  and  State.) 

(Applicant  must  state  whether  native   born,   naturalized,  or  has  filed  declaration  of 
Intention   to  become  a  citixen.      If  not  native  born,   certified  copy  of  naturalization  or 
declaration  of  intention,  as  case  may  be,  must  be  filed  with  this  affidavit.) 
citizen  of  the  United  States,  of  the  age  of years,  and  by  occupation  a 


667 

;  that  my  post-office  address  is   ;  that  I  intend  to 

(If  a  city,  street  and  number  must  be  given.) 

reclaim  a  tract  of  desert  land  not  exceeding  one-half  section,  or  320  acres,  by 
conducting  water  upon  the  same  within  four  years  from  date  of  entry,  in 
manner  as  required  by  the  Act  of  Congress  approved  March  3,  1877,  entitled 
"An  Act  to  provide  for  the  sale  of  desert  lands  in  certain  States  and  Terri- 
tories," as  amended  by  the  Act  of  March  3,  1891.  The  land  which  I  intend 
to  reclaim  is  desert  land  and  is  described  as  follows:  

(A  map  must  be  furnished  which  shall  exhibit  a  plan  showing  the  mode  of  contem- 
plated irrigation  as  required  by  section  4  of  said  act.  When  entry  is  made  on  unsur- 
veyed  land  the  plan  of  contemplated  irrigation  must  be  indicated  on  a  correct  diagram 
showing  by  metes  and  bounds  the  land  applied  for.  When  practicable,  the  dimensions 
of  said  map  or  diagram  should  be  8Msxl4  or  14x17  inches.) 

,  Section ,  Township ,  Range , Meridian,  con- 
taining   acres,  situated  in ,  within  the land  district. 

(County  and  State.) 

I  further  depose  and  declare  that  I  have  made  no  other  declaration  for 
desert  lands  nor  any  other  entry  under  the  provisions  of  said  act,  nor  have  I 
had  assigned  to  me  any  lands  entered  under  said  act;  that  since  August  30, 
1890,  I  have  not  entered  and  acquired  title  to,  nor  am  I  now  claiming,  under 
an  entry  made  under  any  of  the  nonmineral  public-land  laws,  an  amount  of  land 
which,  together  with  the  land  now  applied  for,  will  exceed  in  the  aggregate 

320  acres;  that  the  land  above  described  borders  on 

(State  what  stream  or  body  of  water  and  describe  the  same.) 

and  that  there  is  through  or  upon  said  land 

(Name  and  describe  all  water  courses,  springs,  or  other  bodies  of  water.) 
that  said  land  is  not  naturally  irrigated  or  watered,  nor  overflowed  at  any 
season  of  the  year  by  the  foregoing  or  any  other  natural  stream,  spring,  or 
other  body  of  water;  that  I  expect  to  obtain  my  water  supply  to  irrigate  said 

land  from ;  that  the  character  of  the  soil  is ;  that  said  land  will 

not,  without  artificial  irrigation,  produce  an  agricultural  crop  of  any  kind  in 
amount  reasonably  remunerative,  and  that  it  will  not,  when  unfed  by  grazing 
animals,  produce  native  grasses  sufficient  in  quantity  to  make  an  ordinary 
crop  of  hay  in  usual  seasons;  that  there  are  no  trees  on  said  land;  that  the 
same  is  essentially  dry  and  arid  land,  wholly  unfit  for  cultivation  without 
artificial  irrigation;  that  said  land  can  not  be  successfully  cultivated  without 
being  reclaimed  by  conducting  water  thereon;  that  it  is  a  fact  well  known, 
patent,  and  notorious  that  the  same  will  not,  in  its  natural  condition,  produce 
any  crop;  that  no  portion  of  said  land  has  ever  been  reclaimed  by  conducting 
water  thereon,  and  there  are  no  lands  in  the  vicinity  of  this  tract  that  are 
occupied  by  settlers  and  cultivated  without  artificial  irrigation.  And  I  further 
declare  that  I  have  personally  examined  every  legal  subdivision  of  the  said 
land  and  there  is  not,  to  my  knowledge,  within  the  limits  thereof,  any  vein  or 
lode  of  quartz,  or  other  rock  in  place,  bearing  gold,  silver,  cinnabar,  lead,  tin, 
or  copper,  or  any  deposit  of  coal;  that  there  is  not,  within  the  limits  of  said 
land,  to  my  knowledge,  any  placer,  cement,  gravel,  or  other  valuable  mineral 
deposit,  salt  springs,  or  deposits  of  salt;  that  no  portion  of  said  land  is  claimed 
for  mining  purposes  under  the  local  customs  or  rules  of  miners,  or  otherwise; 
that  no  portion  of  said  land  is  worked  for  mineral  during  any  part  of  the  year 
by  any  person  or  persons;  that  said  land  is  essentially  nonmineral  land,  and  that 
my  declaration  therefor  is  not  made  for  the  purpose  of  fraudulently  obtaining 
title  to  mineral  land,  timber  land,  or  agricultural  land,  but  for  the  purpose  of 
faithfully  reclaiming  the  land  above  described  by  conducting  water  thereon, 
and  that  the  land  is  not  occupied  and  improved  by  any  Indian  and  is  unoccu- 
pied, unimproved,  and  unappropriated  by  any  person  claiming  the  same  other 
than  myself  (except ). 


(Sign  here,  with  full  Christian  name.) 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  pun- 
ished as  provided  by  law  for  such  offense.     (See  Sec.  5392,  R.  S.) 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant  in 
my  presence  before   affiant   affixed   signature   thereto;   that   affiant   is   to   me 

personally  known  (or  has  been  satisfactorily  identified  before  me  by ) ; 

((Jive  full   name  and  post-office  address,  i 

that  T  vorily  believe  affiant  to  be  a  qualified  applicant  and  the  identical  person 
hereinbefore  described;  and  that  said  affidavit  was  duly  subscribed  and  sworn 

to  before  me,  at  my  office,  in ,   ,  within  the   land 

(Town.) 
(County  and  State.) 


district,  this day  of ,19. 


(Official  designation  of  officer.) 
Eevised  Statutes  of  the  United  States.    Title  T.XX. — Crimes.— Chap.  4. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a  competent 
tribunal,  officer,  or  person,  in  any  case  in  which  a  law  of  the  United  States 
authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare,  depose,  or 
certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or  cer- 
tificate by  him  subscribed  is  true,  willfully  and  contrary  to  such  oath  states  or 
subscribes  any  material  matter  which  he  does  not  believe  to  be  true,  is  guilty 
of  perjury,  and  shall  be  punished  by  fine  of  not  more  than  two  thousand  dollars, 
and  by  imprisonment,  at  hard  labor,  not  more  than  five  years;  and  shall,  more- 
over, thereafter  be  incapable  of  giving  testimony  in  any  court  of  the  United 
States  until  such  time  as  the  judgment  against  him  is  reversed.  (See  Sec. 
1750.) 

Note. — In  addition  to  the  above  penalty,  every  person  who  knowingly  or 
willfully  in  anywise  procures  the  making  or  presentation  of  any  false  or 
fraudulent  affidavit  pertaining  to  any  matter  within  the  jurisdiction  of  the 
Secretary  of  the  Interior  may  be  punished  by  fine  or  imprisonment. 

AFFIDAVIT  OF  WITNESS. 

We, ,  of  , years  of  age,  and  by 

(Give  full  Christian  name.) 
(Give  full  post-office  address.) 
occupation ,  and ,  of , 

(Give  full   Christian   name.) 

(Give  full  post-office  address.) 

years  of  age,  and  by  occupation   ,  do  solemnly  swear  that  we  are  well 

acquainted  with  the  character  of  each  and  every  legal  subdivision  or  portion 
of  the  land  described  in  the  foregoing  declaration,  which  said  declaration  has 
been  read  to  us;  that  we  became  acquainted  with  said  land  by  personal  and 
careful  examination  of  each  and  every  legal  subdivision  or  portion  thereof; 

that  we  have  been  acquainted  with  it  for and years,  respectively; 

that  our  knowledge  of  the  land  is  such  as  to  enable  us  to  testify  understand- 
ingly  concerning  it;  that  same  is  desert,  nonmineral  land;  that  each  and  every 
statement  made  by  applicant  in  the  foregoing  declaration  as  to  the  condition, 
character,  and  situation  of  said  land  is  true  of  our  own  personal  knowledge; 
and  we  further  state  that  we  are  not  interested,  in  any  way  or  manner, 
directly  or  indirectly,  present  or  prospective,  in  the  application  or  declaration 
in  support  of  which  this  affidavit  is  made,  nor  in  the  land  itself,  nor  in  any 
title  thereto  which  may  be  acquired  by  said  applicant  or  any  other  person. 


(Sign  here  with  full  Christian  name.) 

(Sign  here  with  full  Christian  name.) 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  pun- 
ished as  provided  by  law  for  such  offense.     (See  Sec.  5392,  E.  S.,  preceding.) 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiants  in 
my  presence  before  affiants  affixed  signatures  thereto;  that  affiants  are  to  me 

personally  known  (or  have  been  satisfactorily  identified  before  me  by 

) ;  that  I  verily  believe  affiants  to  be  credible  wit- 

(Give  full  name  and  post-office  address.) 
nesses  and  the  identical  persons  hereinbefore  described,  and  that  said  affidavit 

was  duly  subscribed  and  sworn  to  before  me,  at  my  office,  in  , 

(Town.) 

,  within   the    land  district,  this    day  of 

(County  and  State.) 
,19.. 


(Official  designation  of  officer.) 

United  States  Land  Office  at  , 

,  19.. 

It  is  hereby  certified  that,  under  the  provisions  of  the  Act  of  Congress 
approved  March  3,  1877,  entitled  "An  Act  to  provide  for  the  sale  of  desert 
lands  in  certain  States  and  Territories,"  as  amended  by  the  Act  of  March  3, 
1891,  the  foregoing  declaration  of  intention  to  reclaim  the  lands  hereinbefore 


669 

described  has  this   day  been   filed  by  the   above-named   declarant;    that  the 
evidence  shows  that  said  tract  is  desert  land  as  defined  in  the  second  section 

of  said  Act;  and  that  declarant  has  paid  to  the  Receiver  the  sum   of   

dollars,  being  at  the  rate  of  twenty-five  cents  per  acre  for  the  said  lands. 


Register. 
Receiver. 


Department  of  the  Interior. 

DESERT-LAND  ENTRY. 

U.  S.  Land  Office,  .....................  ,  No  ....... 

Affidavit  of  Assignee. 

(This  affidavit  must  be  sworn  to  before  the  register  or  receiver  of  the  land 
district  in  which  the  land  is  located,  or  before  a  United  States  Commissioner, 
or  commissioner  of  a  court  exercising  Federal  jurisdiction  in  the  Territory, 
or  before  a  judge  or  clerk  of  any  court  of  record  in  the  country  or  land  district 
in  which  the  land  is  situated.  If  the  affidavit  is  made  out  of  the  county  in 
which  the  land  is  situated  it  must  be  shown  by  affidavit  that  it  was  made 
before  the  nearest  or  most  accessible  qualified  officer  in  the  land  district.) 

I,  ............  ,  of  ..........  ,  claiming  to  be  the  assignee  of  ............  , 

who  made  Desert-Land  Entry  No  .......  ,  on  the  ......  day  of  ......  ,  19.  .,  at 

the  district  land  office  at  ............  ,  do  solemnly  swear  that  I,  ............. 

(Affiant    must   state   whether   native   born,    naturalized,    or   has   filed   declaration   of 
intention  to  become  a  citizen.     If  not  native  born,  certified  copy  of  naturalization  or 
declaration  of  intention,  as  the  case  may  be,  must  be  filed  with  this  affidavit.  ) 
citizen  of  the  United  States,  of  the  age  of  ......   years,  and  a  legal  resident 

of  the  State  of  ......  ;  that  the  said  ............  did,  by  virtue  of  a  deed  or 

instrument  of  writing  executed  on  the  ......  day  ......  ,  19.  .,  a  certified  copy 

of  which  is  hereto    attached,    transfer  to  me  his  right  under  said   entry  to 
the  ......   Section   ......  ,  Township   ......  ,  Range   ......  ,   ......   Meridian; 

that  I  have  not  heretofore  made  entry  under  the  desert-land  laws,  nor   has 
any  entry,  either  in  whole  or  in  part,  been  assigned  to  me,  except  ............ 

(If  the  assignee  has  made  a  desert  entry  or  held  one  by  assignment,  and  claims  the 
benefits  of  the  act  of  March  26.  1908   (35  Stat.,  48),  or  the  act  of  February  3,  1911 
(36   Stat..   896),  he  must  describe  such  entry,  and  state  when  same  was  abandoned). 
and  that  (excepting  lands  upon  which  I  had  settled  or  of  which  I  had  made 
entry  prior  to  August  30,  1890)   I  have  not,  since  August  30,  1890,  acquired 
title  to,  nor  am  I  now  claiming  under  the  agricultural  land  laws,  a  quantity  ot 
land  which,  together  with  that  herein  described  as  assigned  to  me,  will  exceed 
in  the  aggregate  320  acres,  the  only  entries  of  any  kind  made  by  or  assigned 
to  me  since  August  30,  1890,  being  ............................. 

(Here  describe  entries  made  since  August  30,  1890.) 


(Sign  here  full  Christian  name.) 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  pun- 
ished as  provided  by  law  for  such  offense.     (See  Sec.  125  U.  S.  Criminal  Code.) 
I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant  in 
my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to  me  per- 
sonally known  (or  has  been  satisfactorily  identified  before  me  by ) ; 

(Give  full  name  and  post-office  address.) 

that  I  verily  believe  affiant  to  be  a  qualified  applicant  and  the  identical  person 
hereinbefore  described;  and  that  said  affidavit  was  duly  subscribed  and  sworn 

to  before  me,  at  my  office,  in    ,    ,  within   the 

(Town.) 

(County  and  State.) 
land  district,  this day  of   ,19.. 


(Official  designation  of  officer.) 

United  States  Criminal  Code. — Chap.  6. 

Sec.  125.  Whoever,  having  taken  an  oath  before  a  competent  tribunal, 
officer,  or  person,  in  any  case  in  which  a  law  of  the  United  States  authorizes 
an  oath  to  be  administered,  that  he  will  testify,  declare,  depose,  or  certify 


670 

truly,  or  that  any  written  testimony,  declaration,  deposition,  or  certificate  by 
him  subscribed,  is  true,  shall  willfully  and  contrary  to  such  oath  state  or 
subscribe  any  material  matter  which  he  does  not  believe  to  be  true,  is  guilty 
of  perjury,  and  shall  be  fined  not  more  than  two  thousand  dollars  and  impris- 
oned not  more  than  five  years.  (Act,  March  4,  1909.  35  Stat.,  1111.) 

[Form  4—348.] 

APPLICATION  TO  MAKE  PEOOF. 
See  page  220. 

[4— 348a.] 

(For  use  in  Homestead,  Desert  Land,  and  Timber  or  Stone  Entries.) 
NOTICE  FOR  PUBLICATION. 

(Register.) 
Department  of  the  Interior, 

U.  S.  Land  Office  at   , 

,  19.. 

Notice  is  hereby  given  that ,  of ,  who,  on ,  19 . . , 

made ,  No ,  for ,  Section ,  Town- 

(  Kind  of  application  or  entry.) 

ship    ,  Range   ,   Meridian,  has  filed  notice  of  intention  to 

make  Final  Proof,  to  establish 

(If  homestead,  insert  "five  year"  or  "commutation,"  as  the  case  may  be.) 

claim  to  the  land  above  described,  before   ,  at   , 

(Name  of  officer.) 

on  the day  of ,  19 .. 

Claimant  names  as  witnesses: 

,  of  

,  of  

,  of  

,  of  


Register. 

CERTIFICATE  AS  TO  POSTING  OF  NOTICE. 

,  19.. 

I  hereby  certify  that  the  above  notice,  or  copy  thereof,  was  by  me  posted 

in  a  conspicuous  place  in  my  office  for  a  period  of days,  I  having  first 

posted  said  notice  on  the day  of ,  19. . 


Register. 
[4—  348b.] 

(For  use  in  Homestead,  Desert  land,  and  Timber  or  Stone  Entries.) 
NOTICE  FOR  PUBLICATION. 

(Publisher.) 
Department  of  the  Interior, 

U.  S.  Land  Office  at  .................  , 

......................  ,19-. 

Notice  is  hereby  given  that  ............  ,  of  ............  ,  who,  on  ......  , 

19  .  .  ,  made    .....................  ,    No  .......  ,   for    ......  ,    Section    ......  , 

(Kind  of  application  or  entry.) 
Township  ......  ,  Range  ......  ,  ......   Meridian,  has  filed  notice  of  intention 

to  make  Final  ................................   Proof,  to  establish  claim  to 

(If  homestead,  insert  "five  year"  or  "commutation,"  as  the  case  may  be.) 
the  land  above  described,  before    ..................  ,  at    ...........  ,  on  the 

(Name  of  officer.) 
......  day  of  ......  ,19.. 

Claimant  names  as  witnesses: 


,  of 
,  of 


Register. 


671 

AFFIDAVIT  OF  PUBLICATION. 

(S3T  Publisher:    Return  this  form  to  the  Register  at  the  end  of  the  period  of 
publication,  with  the  "Affidavit  of  Publication"  properly  executed.) 
(Attach  clipping  here.) 

I,  ,  of  the   ,  published 

(Publisher  or  foreman.)  (Name  of  newspaper.) 

,   at    ,    do    solemnly   swear    that    a 

(Daily  or  weekly.)  <  1'lace.) 

copy    of    the    above    notice,    as    per    clipping    attached,   was    published 

in  the  regular  and  entire  issue  of  said  newspaper,  and  not 

(Daily  or  weekly.) 

in  any  supplement  thereof,  for consecutive ,  commencing  with 

the  issue  dated ,  19.  .,  and  ending  with  the  issue  dated ,  19.  . 


(Signature.) 
Subscribed  and  sworn  to  before  me  this day  of ,  19. 


(Official  designation.) 
[4— 348c.] 
(Form  approved  by  the  Secretary  of  the  Interior,  January  19,  1912.) 

NOTICE  FOR  PUBLICATION— ISOLATED  TRACT. 

(Register.) 

Public  Land  Sale. 

Department  of  the  Interior, 

U.  S.  Land  Office  at , 

.,  19. 


Notice   is   hereby   given   that,   as    directed   by   the    Commissioner    of   the 
General  Land  Office,  under  provisions  of  Act  of  Congress  approved  June  27, 

1906  (34  Stats.,  517),  pursuant  to  the  application  of ,  Serial  No , 

we    will   offer   at   public    sale,   to    the    highest   bidder,   but   at    not    less    than 

$ per  acre,  at o'clock M.,  on  the day  of ,  at 

this  office,  the  following  tract  of  land:   

Any  persons  claiming  adversely  the  above-described  land  are  advised   to 
file  their  claims,  or  objections,  on  or  before  the  time  designated  for  sale. 

,  Register. 

,  Receiver. 

CERTIFICATE  AS  TO  POSTING  OF  NOTICE. 

,19.- 

I  hereby  certify  that  the  above  notice,  or  a  copy  thereof,  was  by  me  posted 

in  a  conspicuous  place  in  my  office  for  a  period  of  days,  I  having  first 

posted  said  notice  on  the day  of ,  19. . 


Register. 
[4— 348<L] 

(Form  approved  by  the  Secretary  of  the  Interior,  January  19,  1912.) 
NOTICE  FOR  PUBLICATION— ISOLATED  TRACT. 

(Publisher.) 
Public  Land  Sale. 

Department  of  the  Interior, 

U.  S.  Land  Office  at , 

,  19.. 

Notice    is   hereby   given   that,   as    directed    by   the    Commissioner    of   the 
General  Land  Office,  under  provisions  of  Act  of  Congress  approved  June  27,  1906 

(34  Stats.,  517),  pursuant  to  the  application  of ,  Serial  No , 

we  will  offer  at  public  sale,  to  the  highest  bidder,  but  at  not  less  than  $ 

per  acre,  at   o'clock   M.,  on  the    day  of    ,  at  this 

office,  the  following  tract  of  land:   


672 

Any  persons  claiming  adversely  the  above-described  land  are  advised  to 
file  their  claims,  or  objections,  on  or  before  the  time  designated  for  sale. 

,  Register. 

,  Receiver. 

AFFIDAVIT  OF  PUBLICATION. 

(*3"  Publisher:    Return  this  form  to  the  Register  at  the  end  of  the  period  of 
publication,  with  the  "Affidavit  of  Publication"  properly  executed.) 
(Attach  clipping  here.) 

I,   ,  of  the   ,  published 

(Publisher  or  foreman.)  (Name  of  newspaper.) 

at ,  do  solemnly  swear  that  a  copy  of  the 

(Daily  or  weekly.)  (Place.) 

above  notice,  as  per  clipping  attached,  was  published  in 

(Daily  or  weekly.) 
the  regular  and  entire  issue  of  said  newspaper,  and  not  in  any  supplement 

thereof,  for   consecutive    ,  commencing  with  the  issue  dated 

,  191. .,  and  ending  with  the  issued  dated ,  191.  . 


(Signature.) 
Subscribed  and  sworn  to  before  me  this day  of ,  191. . 


(Official  designation.) 
[4—3486.] 

NOTICE  FOR  PUBLICATION. 

(Register.) 

Department  of  the  Interior, 
U.  S.  Land  Office  at   .................. 


Notice    is   hereby   given   that    ............  ,   whose    post-office    address    is 

............  ,  did,  on  the  ......  day  of   ......  ,  19  .  .  ,  file  in  this  office  Sworn 

Statement  and  Application,  No  .......  ,  to  purchase  the  ......  ,  Section  ......  , 

Township    .......   Range    .......  ,    ......    Meridian,   and   the   timber   thereon, 

under  the  provisions  of  the  Act  of  June  3,  1878,  and  acts  amendatory,  known 
as  the  "Timber  and  Stone  Law,"  at  such  value  as  might  be  fixed  by  appraise- 
ment,  and   that,   pursuant   to   such   application,   the   land   and   timber   thereon 
have  been  appraised,  ...............  the  timber  estimated  ............  board 

(See  note  below.) 
feet  at  $  ......   per  M,  and  the  land  $  ......  ;  that  said  applicant  will  offer 

final  proof  in  support  of  his  application  and  sworn  statement  on  the  ......  day 

of  ......  ,  19  .  .  ,  before  ....................  ,  at  ............ 

(Name  of  officer.) 

Any  person  is  at  liberty  to  protest  this  purchase  before  entry,  or  initiate 
a  contest  at  any  time  before  patent  issues,  by  filing  a  corroborated  affidavit  in 
this  office,  alleging  facts  which  would  defeat  the  entry. 


Register. 

CERTIFICATE  AS  TO  POSTING  OF  NOTICE. 

,19-- 

I  hereby  certify  that  the  above  notice,  or  copy  thereof,  was  by  me  posted 

in  a  conspicuous  place  in  my  office  for  a  period  of days,  I  having  first 

posted  said  notice  on  the   day  of ,  19. . 


Register. 

Note. — When  notice  is  issued  under  Section  19,  Departmental  Regulations 
of  November  30,  1908,  the  Register  will  cross  out  the  word  ''appraised."  and 
insert  "estimated  and  valued  by  the  applicant,  , " 


673 

(Applicable  to  Nebraska  only.) 

[4— 348h.] 
(Form  approved  by  the  Secretary  of  the  Interior,  January  19,  1912.) 

NOTICE  FOR  PUBLICATION— ISOLATED  TRACT. 

(Publisher.) 
Public  Land  Sale. 

Department  of  the  Interior, 
U.  S.  Land  Office  at  . 


,19.. 

Notice  is  hereby  given  that,  as  directed  by  the  Commissioner  of  the 
General  Land  Office,  under  provisions  of  Acts  of  Congress  approved  June  27, 
1906  (34  Stats.,  517),  and  March  2,  1907  (34  Stats.,  1224),  pursuant  to  the 

application  of ,  Serial  No ,  we  will  offer  at  public  sale,  to 

the  highest  bidder,  but  at  not  less  than  $ per  acre,  at    o'clock 

m.,  on  the day  of next,  at  this  office,  the  following  tract 

of  laud :    

Any  persons  claiming  adversely  the  above-described  land  are  advised  to 
file  their  claims,  or  objections,  on  or  before  the  time  designated  for  sale. 

,  Register. 

,  Receiver. 

AFFIDAVIT  OF  PUBLICATION. 

(£3P  Publisher:    Return  this  form  to  the  Register  at  the  end  of  the  period  of 
publication,  with  the  ' '  Affidavit  of  Publication ' '  properly  executed.) 

I, ,  of  the ,  published 

(I'ublishtr  or  foreman.)  (Name  of  newspaper.) 

,  at    ,  do  solemnly   swear  that  a  copy  of 

(Daily  or  weekly.)  (Place.) 

the  above  notice,  as  per  clipping  attached,  was  published 

(Daily  or  weekly.) 

in  the  regular  and  entire  issue  of  said  newspaper,  and  not  in  any  supple- 
ment thereof,  for   consecutive    ,  commencing  with  the  issue 

dated ,  191.  .,  and  ending  with  the  issue  dated ,  191.  . 


(Signature.) 
Subscribed  and  sworn  to  before  me  this. day  of ,  191. . 


(Official  designation.) 

[4—350.] 
No  ....... 

COAL  LANDS. 

Declaratory  Statement  under  Sec.  2348,  R.  S. 
Department  of  the  Interior, 
United  States  Land  Office  at 


I,   ............  ,  of   ............  ,  do  hereby  declare  my  intention  to  pur- 

chase, in  the  exercise  of  a  preference  right,  under  the  provisions  of  the  Revised 
Statutes  of  the  United  States  relating  to  the  sale  of  the  coal  lands  of  the 
United  States,  the    ......    of   Section    ......  ,   in   Township    ......  ,   of  Range 

......  ,  in  the  district  of  the  lands  subject  to  sale  at  the  district  land  office 

at   ............  ;  and  I  do  solemnly  swear  that  I  am   ......   years  of  age  and 

a  citizen   of   the   United   States    (or  have  declared  my  intention  to  become   a 
citizen  of  the  United  States)  ;   that  I  have  never,  either  as  an  individual   or 
as  a  member  of  an  association,  held  (except  ...............  )  or  purchased  any 

coal  lands  under  the  aforesaid  provisions  of  the  Revised  Statutes;  that  I  entered 
into  possession  of  said  tract  on,  and  have  remained  in  actual  possession   con- 
tinuously since,  the  ......  day  of  ......  ,  19.  .,  during  which  period  I  diligently 

prosecuted  work  for  the  development  of  coal;  that  on  the  ......  day  of  ......  , 

19.  .,  I  opened  a  valuable  mine  of  coal  on  the  land,  which  I  improved  as  such; 
that  in  such  labor  and  improvements  I  have  expended  the  sum  pf   ......  dpi- 


674 

lars,  the  labor  and  improvements  being  as  follows:    (Here  state  how  the  mine 

was  opened  and  describe  the  nature  and  character  of  the  improvements.) 

,  and  I  do  furthermore  solemnly  swear  that  I  am  well 

acquainted  with  the  character  of  said  described  land  and  with  each  and  every 
legal  subdivision  thereof;  that  my  knowledge  of  said  land  is  such  as  to  enable 
me  to  testify  understandingly  with  regard  thereto;  that  there  is  not,  to  my 
knowledge,  within  the  limits  thereof  any  valuable  vein  or  lode  of  quartz  or 
other  rock  in  place  bearing  gold,  silver,  or  copper,  and  that  there  is  not  within 
the  limits  of  said  land,  to  my  knowledge,  any  valuable  deposit  of  gold,  silver, 
or  copper.  So  help  me  God. 


(Sign  full  Christian  name.) 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  affiant  in  my 
presence  before  he  signed  his  name  thereto;  that  said  affiant  is  to  me  personally 

known  (or  has  been  satisfactorily  identified  before  me  by ), 

and  that  I  verily  believe  him  to  be  a  qualified  person  and  the  person  he  repre- 
sents himself  to  be,  and  that  this  affidavit  was  subscribed  and  sworn  to  before 

me  at  my  office  in ,  within  the land  district,  on  this 

day  of ,  19.. 


(Official  designation  of  ofliwr.) 

*  This  affidavit  must  be  personally  verified  by  declarant  before  the  register 
or  receiver. 

[4—357.] 

(Form  approved  by  the  Secretary  of  the  Interior,  April  18,  1910.) 
Department  of  the  Interior. 

NOTICE  OF  EIGHT  OF  ELECTIOX. 

In  cases  where  final  proof  has  not  been  submitted. 

(Act  of  March  3,  1909.) 

U.  S.  Land  Office,  ,  No 

,19.. 


Sir:    Your  attention  is  directed  to  the  provisions  of  the  Act  of  March  3, 
1909,  printed  on  the  back  hereof,  and  you  are  hereby  notified  that  subsequently 

to  your   No ,  made    ,  19..,  for 

(Insert  kind  of  entry,  location,  or  selection.) 

,  Section ,  Township ,  Eange , Meridian,  said 

tract  was  classified,  claimed,  or  reported  as  being  valuable  for  coal;  also  that 
at  the  time  of  applying  for  notice  to  submit  final  proof  you  must  state  in 
writing  whether  you  elect  to  receive  a  patent  which  shall  contain  a  reservation 
to  the  United  States  of  all  coal  in  said  land,  and  the  right  of  the  United 
States,  or  any  person  or  persons  authorized  by  it,  to  prospect  for,  mine,  and 
remove  coal  from  the  same,  in  accordance  with  the  conditions  and  limitations 
imposed  by  said  Act.  Should  you  elect  to  receive  such  patent,  no  further 
inquiry  will  be  made  respecting  the  coal  character  of  the  land,  and  patent  will 
issue,  with  the  statutory  reservation,  provided  satisfactory  proof  of  your  good 
faith  and  of  compliance  on  your  part  with  the  provisions  of  the  law  under 
which  you  claim,  be  submitted.  In  the  event  you  decline  to  elect  to  receive 
such  patent,  evidence  will  be  received  at  the  time  of  making  final  proof  with 
a  view  to  determining  whether  the  land  is  chiefly  valuable  for  coal,  and,  the 
proof  being  in  other  respects  regular  and  satisfactory,  you  will  be  entitled  to 
receive  patent  without  reservation  unless  at  the  time  of  the  hearing  on  final 
proof  it  shall  be  shown  that  the  land  is  chiefly  valuable  for  coal. 
Kespectfully, 

,  Eegister. 

,  Eeceiver. 

Election  to  Eeceive  Patent  Upon  Nonmineral  Claim  Exclusive  of  Any  Deposits 

of  Coal  in  the  Land. 

I, ,  of ,  County  of , 

State  of ,  who  on ,  19 .  . ,  made 

(Insert  kind  of  location,  selection,  or  entry.) 

No ,  for  the  Section ,  Township   ,  Eange 

,,...., Meridian,  do  hereby  elect,  upon  submission  of  satisfactory  proof 


675 

of  compliance  with  law  under  which  my  claim  was  initiated,  to  receive  patent 
for  the  lands,  which  patent  shall  reserve  to  the  United  States  all  of  the  coal  in 
said  lands  with  the  right  of  the  United  States,  or  any  person  authorized  by 
it,  to  prospect  for,  mine,  and  remove  the  coal  from  same  in  accordance  with 
the  conditions  and  limitations  of  the  Act  of  March  3,  1909  (35  Stat.,  844). 

In  accordance  with  above  election,  I  hereby  authorize  the  proper  officer 
or  officers  of  the  United  States,  upon  submission  of  satisfactory  final  proof 
upon  my  location,  selection,  or  entry,  to  issue  final  certificate  or  other  paper 
as  basis  for  patent,  containing  the  reservation  of  the  coal  hereinbefore  de- 
scribed, and  to  issue  patent  in  accordance  therewith. 


The    foregoing    election   was,   in    our   presence,   read   to    or   by   the    said 

(Cross  out  "to  or"  or  "or  by,"  as  case  may  be.) 

,  who  is  to  each  of  us  personally  known,  and  we,  the  undersigned, 

have  this  day  hereunto  set  our  hands  as  witnesses  of  the  execution  thereof. 

Dated  this day  of ,  19. .,  at ,  State  of 

Name ,  Residence  

Name ,  Residence  

Note. — The  attention  of  parties  in  interest  is  directed  to  the  provisions  of 
the  Act  of  March  3,  1909,  copy  of  which  is  printed  below. 

[35  Stat.,  844.] 
An  Act  for  the  protection  of  the  surface  rights  of  entrymen. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  any  person  who  has  in  good 
faith  located,  selected,  or  entered  under  the  nonmineral  land  laws  of  the  United 
States  any  lands  which  subsequently  are  classified,  claimed,  or  reported  as 
being  valuable  for  coal,  may,  if  he  shall  so  elect,  and  upon  making  satisfactory 
proof  of  compliance  with  the  laws  under  which  such  lands  are  claimed,  receive 
a  patent  therefor,  which  shall  contain  a  reservation  to  the  United  States  of  all 
coal  in  said  lands,  and  the  right  to  prospect  for,  mine,  and  remove  the  same. 
The  coal  deposits  in  such  lands  shall  be  subject  to  disposal  by  the  United  States 
in  accordance  with  the  provisions  of  the  coal-land  laws  in  force  at  the  time 
of  such  disposal,  but  no  person  shall  enter  upon  said  lands  to  prospect  for,  or 
mine  and  remove  coal  therefrom,  without  previous  consent  of  the  owner  under 
such  patent,  except  upon  such  conditions  as  to  security  for  and  payment  of  all 
damages  to  such  owner  caused  thereby  as  may  be  determined  by  a  court  of  com- 
petent jurisdiction:  Provided,  That  the  owner  under  such  patent  shall  have 
the  right  to  mine  coal  for  use  on  the  land  for  domestic  purposes  prior  to  the 
disposal  by  the  United  States  of  the  coal  deposit:  Provided  further,  That 
nothing  herein  contained  shall  be  held  to  affect  or  abridge  the  right  of  any 
locator,  selector,  or  entryman  to  a  hearing  for  the  purpose  of  determining  the 
character  of  the  land  located,  selected,  or  entered  by  him.  Such  locator, 
selector  or  entryman  who  has  heretofore  made  or  shall  hereafter  make  final 
proof  showing  good  faith  and  satisfactory  compliance  with  the  law  under  which 
his  land  is  claimed  shall  be  entitled  to  a  patent  without  reservation  unless  at 
the  time  of  such  final  proof  and  entry  it  shall  be  shown  that  the  land  is  chiefly 
valuable  for  coal. 

Approved  March  3, 1909. 

[4—358.] 

Local  officers  will  invariably  make  a  press  copy  hereof  to  be  filed  with  the  case. 
(Form  approved  by  the  Acting  Secretary  of  the  Interior,  September  19,  1910.) 

Department  of  the  Interior, 
United  States  Land  Office. 


(Place.) 
(Date.) 


Serial  No. 


NOTICE  TO  NONMIXERAL  CLAIMANTS. 

(Act  of  June  22,  1910  (36  Stat.,  583) — An  Act  to  provide  for  agricultural  entries 

on  coal  lands.) 


Sir:    You  are  hereby  notified  that  the  land  embraced  in  your  entry,  sekc- 


676 

tion,  or  location,*  No ,  made   ,  19.  .,  under  the   'aws,  for 

,  Section   ,  Township ,  Eange 

(Describe  land  by  proper  legal  subdivisions.) 

, Meridian,  was  withdrawn ,  19. .,  by  departmental  order  of 

,  19..,  Executive  order  of   ,  19..,  and  classified   ,  19..,  as 

coal  land,*  and,  therefore,  is  not  subject  to  disposition  under  your  said  entry, 
selection,  or  location,  except  under  the  provisions  of  the  Act  of  June  22,  1910 
(36  Stat.,  583),  specially  excepting  and  reserving  to  the  United  States  all  the 
coal  in  said  land  and  the  right  to  prospect  for,  mine,  and  remove  the  same, 
upon  compliance  with  the  conditions  prescribed  by  said  Act. 

If,  however,  you  have  good  and  sufficient  reasons  for  believing  that  the 
land  is  not  coal  in  character,  you  will  be  allowed — thirty  days  from  notice 
hereof — at  any  time  prior  to  the  submission  of  final  proof*  within  which  to 
submit  evidence,  preferably  the  sworn  statements  of  experts  or  practical  miners, 
that  the  land  is  in  fact  noncoal  in  character,  together  with  an  application  by 
you — for  classification  as  noncoal — for  reelassification.* 

In  the  event  of  your  failure  to  take  action  as  aforesaid,  and  the  land  has 
not  in  the  meantime  been  restored  to  entry  under  the  general  land  laws,  a 
patent  will  issue  on  your  said  entry,  selection,  or  location,  containing  the  fol- 
lowing reservation,  to-wit: 

Excepting  and  reserving,  however,  to  the  United  States  all  the  coal  in  the 
lands  so  patented,  and  to  it,  or  persons  authorized  by  it,  the  right  to  prospect 
for,  mine,  and  remove  the  coal  from  the  same  upon  compliance  with  the  condi- 
tions and  subject  to  the  provisions  and  limitations  of  the  Act  of  June  22,  1910 
(36  Stat.,  583) :  Provided,  you  have  complied  in  good  faith  with  all  the 
requirements  of  the  law  in  such  cases  made  and  provided. 

,  Register. 

,  Receiver. 

"Register  will   strike   out   all   inapplicable  portions   of  blank,  to  meet  the 
facts  in  each  particular  case. 

Note. — Your  attention  is  directed  to  the  provisions  of  the  Act  of  June  22, 
1910.  (See  Act  June  22,  1910,  36  Stat.,  583.) 

[4—360.] 

No 

COAL  LANDS. 

Affidavit. 
(Distance  from  completed  railroad.) 


I, ,  having  made  application  to  purchase,  under  the  Statutes 

of  the  United  States  relating  to  the  sale  of  coal  lands,  the  following-described 

tracts:  * ,  do  solemnly  swear  that  none  of  said  described 

smallest  legal  subdivisions  are  situated  wholly,  or  in  greater  part,  within  fifteen 
miles  of  a  completed  railroad  actually  constructed,  equipped,  and  operated — 
calculated  from  the  point  on  such  railroad  nearest  each  smallest  legal  sub- 
division respectively. 

(Sign  full  Christian  name.) 

Subscribed  and  sworn  to  before  me,  a ,  on  this day  of , 

19.  ..,  and  I  hereby  certify  that  affiant  is  to  me  personally  known  (or  has  been 

satisfactorily  identified  before  me  by ),  and  I  verily  believe  him  to  be  a 

qualified  person  and  the  person  he  represents  himself  to  be. 


(Official  designation  of  officer.) 

, ,  ss.: 

Before  me,  the  subscriber,  personally  appeared and , 

who,  being  duly  sworn,  say  that  they  reside  at and  are  acquainted 

with  the  lands  described  in  the  foregoing  affidavit,  and  know,  of  their  own 
knowledge,  the  facts  stated  in  the  affidavit,  as  to  the  distance  of  the  several 
tracts  from  a  completed  railroad,  to  be  true,  and  that  they  have  no  interest 
in  the  lands. 

Witnesses: 


*  Describe  land  by  smallest  legal  subdivisions. 

t  This  affidavit  must  be  personally  verified  by  applicant. 


G77 

Subscribed  and  sworn  to  before  me  this day  of ,  19.  .,  and  I 

certify  that  the  foregoing  affidavit  \vas  read  to  the  above-named  witnesses 
previous  to  their  names  being  subscribed  thereto,  and  that  deponents  are  credi- 
ble witnesses. 


(Official  designation  of  officer.) 
[4—363.] 

Department   of  the  Interior, 
United  States  Land  Office. 

[4—365.] 
Notice  for  Publication. 

COAL  ENTRY. 

(Sec.  2347,  R.  S.) 
For  form  see  page  286. 

".'.'.'.'.'.V.V.'.'.'.V.V.'.V.'.'.V  19. 


Sir:    You  are  advised  that  on   ,  19..,  there  was  filed  in  this  office, 

during  the  statutory  period,  provided  therefor,  the  adverse  claim  of 

for    claim,    against   the   issuing   of  patent   to    for 

mining  claim. 

Now,  therefore,  under  Section  2326,  Revised  Statutes  of  the  United  States, 
and  paragraph  83  of  the  regulations  thereunder,  approved  July  26,  1901,  "the 
party  who  filed  the  adverse  claim  will  be  required  within  thirty  days  from  the 
date  of  such  filing  to  commence  proceedings  in  a  court  of  competent  jurisdiction 
to  determine  the  question  of  right  of  possession,  and  to  prosecute  the  same 
with  reasonable  diligence  to  final  judgment,  and  that,  should  such  adverse 
claimant  fail  to  do  so,  his  adverse  claim  will  be  considered  waived,  and  the 
application  for  patent  be  allowed  to  proceed  upon  its  merits." 
Very  respectfully, 


Register. 
[4—366.] 

Notice  for  Publication. 
COAL  ENTRY. 

(Sees.  2348-52,  R.  S.) 
For  form  see  page  178. 

[Form  4—369.] 

FINAL  PROOF  TESTIMONEY  OF  CLAIMANT. 
See  page  141. 

[Form  4—370.] 

APPLICATION  AND  SWORN  STATEMENT. 
See  pages  275,  575.     Also  other  form  under  this  Act. 

[4— 372a.] 

(Form  approved  by  the  Secretary  of  the  Interior,  May  29,  1908.) 

Department  of  the  Interior. 

DESERT-LAND   ENTRY. 

U.  S.  Land  Office, ,  No 

Final  Proof. 
Testimony  of  Claimant. 
Question   1.    State  your  name,   age,  residence,   occupation,  and   post-office 


address. 


678 

Answer 

Question  2.  Are  you  a  native-born  citizen  of  the  United  States,  and  if  so, 
in  what  State  or  Territory  were  you  born,  and  of  what  State  or  Territory  are 
you  now  a  resident  citizen? 

(If  foreign  born,  certified  copy  of  naturalization  certificate  must  be  filed  with  this 
proof.) 

Answer 

Question  3.  Give  the  number  and  date  of  the  Desert-Land  Entry,  and 
describe  the  land  for  which  this  proof  is  made. 

Answer 

Question  4.  State  its  situation,  the  character  of  the  soil,  its  proximity  to 
water,  and  what  natural  streams,  springs,  or  bodies  of  water  are  upon  or  pass 
through  or  adjoin  it.  And  if  any,  do  the  streams  or  springs  afford  natural 
irrigation?  State  whether  paying  crops  of  any  kind  have  been  raised  on  any 
part  of  such  land  without  artificial  irrigation. 

Answer 

Question  5.  Do  you  own  and  control,  or  have  a  clear  right  to,  the  use  of 
water  sufficient  to  irrigate  the  whole  of  said  land  and  for  keeping  the  same 
permanently  irrigated? 

Answer 

Question  6.  State  the  source  and  volume  of  the  water  supply,  how  acquired 
by  you,  and  how  maintained,  and  at  what  cost. 

(Record  evidence  of  the  claimant's  right  to  the  use  of  the  water,  or  other  satisfactory 
evidence,  in  accordance  with  local  laws,  must  be  furnished.) 

Answer 

Question  7.  State  from  personal  knowledge  whether  such  water  has  been 
conducted  during  any  one  season  upon  all  the  irrigable  area  of  the  land  for 
which  this  proof  is  made,  and  whether  same  has  been  irrigated  and  reclaimed 
from  its  desert  condition  to  such  an  extent  that  it  will  produce  an  agricultural 
crop,  or  a  paying  crop  of  hay. 

Answer 

Question  8.  State  also  the  number,  dimensions,  and  carrying  capacity  of 
the  main  ditch  or  ditches,  and  also  of  all  the  ditches  on  each  legal  subdivision 
of  the  land  which  are  used  in  irrigating  same;  also  the  cost  of  the  dams  and 
ditches  and  the  amount  expended  in  the  aggregate,  in  compliance  with  the  legal 
requirements. 

(If  an  expenditure  of  $3  per  acre  of  the  area  of  said  land  has  not  been  shown  by 
annual  proofs,  an  itemized  statement  of  expenditures  must  be  furnished.) 

Answer 

Question  9.  State  whether  you  have  seen  water  distributed  through  and 
by  means  of  said  ditches  over  all  the  irrigable  area  in  each  legal  subdivision 
for  which  this  proof  is  made  with  a  view  to  the  proper  reclamation  thereof,  and 
if  so,  state  the  dates  when  each  distribution  was  made,  and  the  quantity  of 
water  per  acre  used,  and  the  time  occupied  in  making  the  same,  in  each  and 
every  year. 

Answer 

Question  10.  If  there  are  any  high  points  or  uneven  surfaces  not  suscepti- 
ble of  practicable  irrigation,  state  definitely  the  nature,  extent,  and  aggregate 
area  of  same,  and  the  proportion  thereof  in  each  legal  subdivision  of  the  entry. 
State  whether  any  entire  legal  subdivision  is  not  susceptible  of  irrigation. 

Answer 

Question  11.  Has  any  portion  of  the  land  been  cultivated  by  actual  tillage 
of  the  soil?  If  so,  state  definitely  the  number  of  acres  thus  tilled,  and  describe 
generally  the  tillage,  and  briefly  state  its  time,  its  object,  and  its  result. 

Answer 

Question  12.  Has  an  agricultural  crop  of  any  kind  other  than  wild  hay  been 
planted  or  produced  on  any  portion  of  the  land?  If  so,  state  the  kind  of  crop 
planted  or  raised,  the  average  quantity  per  acre,  and  the  number  of  acres 
employed  in  the  planting  and  growth  of  said  crop. 

Answer 

Question  13.  If  an  agricultural  crop  of  any  kind  can  not  be  produced  on 
one-eighth  portion  of  the  land,  by  actual  tillage  of  the  soil,  state  whether  a 
crop  of  wild  hay  of  merchantable  value  has  been  raised  upon  said  land  as  a 
result  of  actual  irrigation,  and  state  the  area  on  which  it  was  raised  and  the 
quantity  produced  per  acre. 

Answer 

Question  14.  If  there  has  been  no  actual  tillage  of  the  soil,  or  no  agricul- 
tural crop  planted  or  produced,  state  what  climatic  conditions  adverse  to  sue- 


679 

cessful  agriculture,  if  any,  are  prevalent  in  the  region  in  which  this  land  is 
located.  State  fully  the  effect  of  such  conditions  on  agriculture. 

Answer 

Question  15.  If  in  your  judgment  actual  tillage  of  the  soil  would  injure  or 
destroy  its  productive  qualities,  state  definitely  your  reasons  for  believing  that 
injury  or  destruction  would  result  from  actual  tillage. 

Answer 

Question  16.  If  paying  crops  of  any  kind  have  been  raised  on  land  adjacent 
to,  or  in  the  vicinity  of,  said  land,  without  artificial  irrigation,  describe  the 
same  and  state  the  year  or  years  of  cultivation,  the  kind  of  crop  and  quantity 
raised  per  acre  and  the  conditions  which  made  the  production  of  such  crops 
possible. 

Answer 

Question  17.  Has  any  coal  or  other  minerals  been  discovered  on  said  land, 
or  is  any  coal  or  mineral  known  to  be  contained  therein? 

Answer 

Question  18.  Are  there  any  indications  of  coal,  saline,  or  minerals  of  any 
kind  on  said  land?  If  so,  describe  what  they  are. 

Answer 

Question  19.  Have  you  the  sole  and  entire  interest  in  the  land  for  which 
this  proof  is  made  and  in  the  right  to  the  water  sufficient  to  continuously  irri- 
gate th«  same? 

Answer 

Question  20.  Has  any  other  person,  individual,  company,  or  corporation  any 
interest  whatever  in  said  land  or  water  appropriation?  If  so,  give  the  name, 
residence,  and  occupation  of  each  such  person,  the  name,  business,  and  locality 
of  any  such  corporation  or  company,  and  the  nature,  amount,  and  extent  of 
such  interest. 

Answer 

Question  21.  Have  you  made  any  other  desert-land  entry,  or  has  any  other 
land  embraced  in  any  desert-land  entry,  in  whole  or  in  part,  been  assigned  to 
you,  or  have  you  any  interest,  direct  or  indirect,  in  any  other  entry  under  the 
desert-land  act? 

Answer 

Question  22.  Describe  by  legal  subdivisions  and  by  number,  kind  of  entry, 
and  office  where  made,  any  other  entry  or  filing  (not  mineral),  made  by,  or 
assigned  in  whole  or  in  part  to,  you  since  August  30,  1890. 

Answer 

*  Question  23.  If  this  proof  is  not  submitted  within  four  years  from  date 
of  entry,  state  the  reason  for  the  failure  to  make  proof  within  said  period. 

Answer.          


(Sign  here,  with  full  Christian  name.) 

Xote. — Every  person  swearing  falsely  to  the  above  deposition  will  be  pun- 
ished as  provided  by  law  for  such  offense.  (See  Sec.  5392  R  S.) 

*  Note. — A  correct  diagram,  showing  the  location  of  all  ditches  and  im- 
provements, must  be  furnished  with  this  proof. 

I  herebv  certify  that  the  foregoing  deposition  was  read  to  or  by  deponent 
in  my  presence  before  deponent  affixed  signature  thereto;  that  deponent  is  to 
me  personally  known  (or  has  been  satisfactorily  identified  before  me  by 

) ;   that  I  verily  believe  deponent  to  be 

(Give  full  name  and  post-office  address.) 
the  identical  person  hereinbefore  described,  and  that  said  deposition  was  duly 

subscribed  and  sworn  to  before  me,  at  my  office,  in , 

i  Town,   county,   and   State.) 
within  the land  district,  this day  of ,  19.  . 


(Official  designation  of  officer.) 
Bevised  Statutes  of  the  United  States.     Title  TXX. — Crimes. — Chap.  4. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a  competent 
tribunal,  officer,  or  person,  in  any  case  in  which  a  law  of  the  United  States 
authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare,  depose,  or 
certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or  cer- 
tificate by  him  subscribed  is  true,  willfully  and  contrary  to  such  oath  states  or 
subscribes  any  material  matter  which  lie  does  not  bolievo  to  be  true,  is  guilty 
of  perjury,  and  shall  be  punished  by  fine  of  not  more  than  two  thousand  dollars, 


680 

and  by  imprisonment,  at  hard  labor,  not  more  than  five  years;  and  shall,  more- 
over, thereafter  be  incapable  of  giving  testimony  in  any  court  of  the  United 
States  until  such  time  as  the  judgment  against  him  is  reversed.  (See  Sec.  1750.) 
Note. — In  addition  to  the  above  penalty,  every  person  who  knowingly  or 
willfully  in  anywise  procures  the  making  or  presentation  of  any  false  or 
fraudulent  affidavit  pertaining  to  any  matter  within  the  jurisdiction  of  the 
Secretary  of  the  Interior  may  be  punished  by  fine  or  imprisonment. 

[4— 373a.] 

(Form  approved  by  the  Secretary  of  the  Interior,  June  15,  1908.) 
Department  of  the  Interior. 

DESEKT-LAND   ENTRY. 

U.  S.  Land  Office, ,  No 

Final  Proof. 
Testimony  of  Witness. 

Question  1.  State  your  name,  age,  residence,  occupation,  and  post-office 
address. 

Answer 

Question  2.    Are  you  acquainted  with    ,  who  offers  p'roof  for 

land  embraced  in  Desert-Land  Entry,  No ,  made   on   the    day 

of ,  19. .,  upon ;  how  long  have  you  known  him,  and  where 

does  he  now  reside? 

Answer 

Question  3.  Have  you  personal  knowledge  of  this  land?  State  its  situa- 
tion, the  character  of  the  soil,  its  proximity  to  water,  and  what  natural 
streams,  springs,  or  bodies  of  water  are  upon  or  pass  through  or  adjoin  it;  and 
if  any,  is  any  part  of  the  claim  naturally  irrigated  by  such  stream  or  spring? 
State  whether  paying  crops  of  any  kind  have  been  raised  on  any  part  of  such 
land  without  artificial  irrigation. 

Answer 

Question  4.  Does  the  entryman  own  and  control,  or  have  a  clear  right  to, 
water  sufficient  to  properly  and  permanently  irrigate  all  the  irrigable  land  for 
which  this  proof  is  made? 

Answer 

Question  5.  State  the  source  and  volume  of  the  water  supply,  how 
acquired,  and  how  maintained. 

Answer 

Question  6.  Has  water  been  conducted  upon  the  irrigable  land  for  which 
this  proof  is  made  so  as  to  irrigate  and  reclaim  the  same  from  its  former  con- 
dition to  such  an  extent  that  it  will  produce  an  agricultural  crop?  If  so,  give 
the  number,  dimensions,  and  capacity  of  the  main  ditch  or  ditches,  and  also 
of  all  the  ditches  on  each  legal  subdivision  of  the  land  which  are  used  in  irri- 
gating the  same,  and  the  amount  expended  in  complying  with  the  legal 
requirements. 

(If  an  expenditure  of  $3  per  acre  of  the  area  of  said  land  has  not  lieon  shown  by 
annual  proofts,  an  itemized  statement  of  expenditures  must  be   furnished.) 

Answer 

Question  7.  Have  you  seen  water  distributed  through  and  by  means  of 
said  ditches  over  all  the  irrigable  area  on  each  legal  subdivision  of  the  land? 
State  the  dates  when  each  distribution  took  place,  the  duration  thereof,  and 
the  quantity  of  water  per  acre  used. 

Answer 

Question  8.  If  there  are  any  high  points  or  uneven  surfaces  not  sus- 
ceptible of  practicable  irrigation,  state  definitely  the  nature,  extent,  and  aggre- 
gate area  of  same,  and  the  proportion  thereof  in  each  legal  subdivision.  Is 
any  entire  legal  subdivision  not  susceptible  of  irrigation? 

Answer 

Question  9.  Has  any  portion  of  the  land  been  cultivated  by  actual  tillage 
of  the  soil?  If  so,  state  definitely  the  number  of  acres  thus  tilled,  and 
describe  generally  the  tillage,  and  briefly  state  its  time,  its  object,  and  its 
result. 

Answer.    

Question  10.  Has  an  agricultural  crop  of  any  kind  other  than  wild  hay 
been  planted  or  produced  on  any  portion  of  the  land?  If  so,  state  the  kind 


681 

of  crop  planted  or  raised,  the  average  quantity  per  acre,  and  the  number 
of  acres  employed  in  the  planting  and  growth  of  said  crop. 

Answer 

Question  11.  If  an  agricultural  crop  of  any  kind  can  not  be  produced 
on  one-eighth  portion  of  said  land,  by  actual  tillage  of  the  soil,  state  whether 
a  crop  of  wild  hay  of  merchantable  value  has  been  raised  upon  any  part 
of  said  land  as  a  result  of  actual  irrigation,  and  state  the  area  on  which  it 
was  raised  and  the  quantity  produced  per  acre. 

Answer 

Question  12.  If  there  has  been  no  actual  tillage  of  the  soil,  or  no 
agricultural  crop  planted  or  produced,  state  what  climatic  conditions  adverse 
to  successful  agriculture,  if  any,  are  prevalent  in  the  region  in  which  this 
land  is  located.  State  fully  the  effect  of  such  conditions  on  agriculture. 

Answer 

Question  13.  If  in  your  judgment  actual  tillage  of  the  soil  would  injure 
or  destroy  its  productive  qualities,  state  definitely  your  reasons  for  believing 
that  injury  or  destruction  would  result  from  actual  tillage. 

Answer 

Question  14.  If  paying  crops  of  any  kind  have  been  raised  on  any  lands 
adjacent  to,  or  in  the  vicinity  of,  said  land,  without  artificial  irrigation, 
describe  the  same  and  state  the  year  or  years  of  cultivation,  the  kind  of 
crop  and  quantity  raised  per  acre  and  the  conditions  which  made  the  pro- 
duction of  such  crops  possible. 

Answer , 

Question  15.  Has  any  coal  or  other  minerals  been  discovered  on  said 
land,  or  is  any  coal  or  mineral  known  to  be  contained  therein?  Are  there 
any  indications  of  coal,  salines,  or  minerals  of  any  kind  on  said  land?  If 
so,  describe  what  they  are. 

Answer 

Question  16.  Have  you  any  interest,  direct  or  indirect,  in  this  entry 
or  in  the  land  covered  thereby,  or  in  the  water  supply  used  in  its  irrigation? 

Answer.  


(Sign  here,  with  full  Christian  name.) 

Note. — Every   person    swearing   falsely   to   the   above   deposition   will   be 

punished  as  provided  by  law  for  such  offense.     (See  Sec.  5392  E.  S.,  below.) 

I  hereby  certify  that  the  foregoing  deposition  was  read  to  or  by  deponent 

in  my  presence  before  deponent  affixed  signature  thereto;  that  deponent  is  to 

me    personally    known    (or   has    been    satisfactorily   identified    before    me    by 

) ;  that  I  verily  believe  deponent  to  be 

a  credible  witness  and  the  identical  person  hereinbefore  described,  and  that 
said   deposition   was  duly  subscribed  and  sworn   to  before  me,  at  my  office, 

in ,   ,  within  the 

(Town.) 

land  district,  this day  of 

(County  and   State.) 
,   19.... 


(Official    designation    of    officer.) 
Revised  Statutes  of  the  United  States.     Title  LXX.— Crimes.— Chap.  4. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a  competent 
tribunal,  officer,  or  person,  in  any  case  in  which  a  law  of  the  United  States 
authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare,  depose,  or 
certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or  certifi- 
cate by  him  subscribed  is  true,  willfully  and  contrary  to  such  oath  states 
or  subscribes  any  material  matter  which  he  does  not  believe  to  be  true,  is 
guilty  of  perjury,  and  shall  be  punished  by  fine  of  not  more  than  two 
thousand  dollars,  and  by  imprisonment,  at  hard  labor,  not  more  than  five 
years;  and  shall,  moreover,  thereafter  be  incapable  of  giving  testimony  in 
any  court  of  the  United  States  until  such  time  as  the  judgment  against  him  is 
reversed.  (See  Sec.  1750.) 

Note. — In  addition  to  the  above  penalty,  every  person  who  knowingly  or 
willfully  in  anywise  procures  the  making  or  presentation  of  any  false  or 
fraudulent  affidavit  pertaining  to  any  matter  within  the  jurisdiction  of  the 
Secretary  of  the  Interior  may  be  punished  by  fine  or  imprisonment. 


682 

[4—385.] 

No 

COAL  LANDS. 

Application  to  Purchase  Pursuant  to  Section  2348  E.  S. 
Department   of   the   Interior, 

United  States  Land  Office  at 

,19.... 

Ij     ,    of , 

claiming,  under  the  provisions  of  the  Eevised  Statutes  of  the  United  States 
relating  to  the  sale  of  the  coal  lands  of  the  United  States,  the  preference 

right  to  purchase  the of  Section ,  in  Township 

,  of  Eange ,  subject  to  sale  at  the  district 

land   office   at hereby   apply   to   purchase   and 

enter   the    same;    and   I    do   solemnly   swear   that   I    have    not    hitherto    held 

(except    ) 

or  purchased,  either  as  an  individual  or  as  a  member  of  an  association,  any 
coal  lands  under  the  aforesaid  provisions  of  the  law;  that  I  have  expended 
in  developing  coal  mines  on  said  tract,  in  labor  and  improvements,  the 

sum   of dollars,  the  nature   of  such  improvements  being 

as   follows : ; 

that  I  am  now  in  the  actual  possession  of  said  mines,  and  make  the  entry  in 
good  faith  for  my  own  benefit,  and  not,  directly  or  indirectly,  in  whole  or 
in  part,  in  behalf  of  any  person  or  persons  whomsoever;  and  I  do  furthermore 
swear  that  I  am  well  acquainted  with  the  character  of  said  described  land, 
and  with  each  and  every  legal  subdivision  thereof;  that  my  knowledge  of 
said  land  is  such  as  to  enable  me  to  testify  understandingly  with  regard 
thereto;  that  said  land  contains  workable  deposits  of  coal;  that  there  is  not, 
to  my  knowledge,  within  the  limits  thereof  any  valuable  vein  or  lode  of 
quartz  or  other  rock  in  place  bearing  gold,  silver,  or  copper,  and  that  there  is 
not  within  the  limits  of  said  land,  to  my  knowledge,  any  valuable  deposits 
of  gold,  silver,  or  copper.  So  help  me  God. 


(Sign  full  Christian  name.) 

I  hereby  certify  that  the  foregoing  application  was  read  to  applicant 
in  my  presence  before  he  signed  his  name  thereto;  that  said  applicant  is 
to  me  personally  known  (or  has  been  satisfactorily  identified  before  me 

by ),   and   that  I   verily  believe   him    to   be   a 

qualified  person   and  the  person  he  represents   himself  to  be,   and  that   this 

application  was  subscribed  and  sworn  to  before  me  at  my  office  in 

,    within    the 

land  district,  on  this day  of ,  19. .. 

day  of ,19... 


(Official  designation  of  officer.) 

*This   application   must    be   personally    verified    by   applicant    before    the 
Eegister  or  Eeceiver. 

[4—511.] 

Department   of   the   Interior, 
United  States  Land  Office. 

,19... 


,  Contestee. 

STATEMENT  OF  COSTS. 


Deposited  by  Contestant  under  Eule  58  of  Practice.  .. . 
Deposited  by  Contestant  as  advanced  testimony  fees.. 

Deposited  by  Contestant  as  cancellation  fee 

Deposited  by  Contestee  under  Eule  58  of  Practice 
Deposited  by  Contestee  as  advanced  testimony  fees. .  . 

Total  amount  deposited  by  both  parties 

Amount  of  testimony  fees  earned  from  the  Contestant. 
Amount  of  testimony  fees  earned  from  the  Contestee.  . 
Amount  retained  as  the  unearned  cancellation  fee 


683 

Amount  returned  to  the  Contestant  as  unearned  fees 

Amount  returned  to  the  Contestee  as  unearned  fees 

Total  amount  of  deposits  thus  accounted  for $ 

Total  amount  of  earned  fees  paid  to  Contest  Clerk .$ 

Earned  fees  deposited  to  credit  of  U.  S.  Treasurer 

Cancellation  fee  retained  as  unearned 

Unearned  moneys  returned  to  Contestant  and  Contestee 

Total  amount  thus  accounted  for $ 

The  above  and  foregoing  is  a  true  and  correct  statement  of  all  moneys 
coming  into  our  hands  on  account  of  the  above-mentioned  contest,  and  of 
the  disposition  we  made  of  the  same. 

Register. 
Receiver. 

Note. — This  statement  should  be  carefully  and  accurately  filled  out  and 
filed  with  the  record  of  each  contest^xfase,  as  required  by  rule  65  of  the  Rules 
of  Practice,  and  local  officers  will  hereafter  be  held  accountable  for  any 
failure  to  do  so  in  any  case  tried  before  them. 

[4—519.] 

Application  for  Leave  of  Absence,  page  28.  Also  forms  under  Three- 
Year  Homestead  Law,  page  28. 

[4—522.] 

Departmental  regulations  approved  by  the  Secretary  of  the  Interior  November 

30,  1908. 

Department   of   the   Interior. 
TIMBER   OR  STONE  ENTRY. 

U.    S.    Land    Office,    ,    No 

Receipt  No 

Application  and  sworn  statement. 
(To  be  made  in  duplicate.) 

I,   ( ),  hereby  make 

(Give  full  Christian  name.) 

(Male  or  female.) 

application  to  purchase   the , 

Section ,  Township ,  Range ,    

Meridian,  containing acres,  within  the 

land  district,  in  the  State  of ,  and  the  timber  thereon,  at 

such  value  as  may  be  fixed  by  appraisement,  made  under  authority  of  the 
Secretary  of  the  Interior,  under  the  Act  of  June  3,  1878,  commonly  known  as 
the  "Timber  and  Stone  Law,"  and  Acts  amendatory  thereof,  and  in  support 

of  this  application  I  do  solemnly  swear  that  I 

(Applicant  must  state  whether  native  horn,  naturalized,  or  has  filed  declaration  of 
intention  to  become  a  citizen.  If  not  native  born,  certified  copy  of  naturalization  or 
declaration  of  intention,  as  case  may  be,  must  be  filed  with  this  affidavit.) 

citizen  of  the  United  States,  of  the  age  of years,  and  by  occu- 
pation a ;  that  I  did,  on ,  19.., 

examine  said  land,  and  from  my  personal  knowledge  state  that  said  land  is 
unfit  for  cultivation  and  is  valuable  chiefly  for  its  timber;  and  that  to  my 
best  knowledge  and  belief,  based  upon  said  examination,  the  land  is  worth 

dollars,    and    the   timber    thereon,    which 

I  estimate  to  be feet,  board  measure,  is  worth 

dollars,  making  a  total  value  for  the  land  and  timber  of 

dollars,  and  no  more;  that  the  land  is  uninhabited;  that  it  contains  no  mining 
or  other  improvements,  nor,  as  I  verily  believe,  any  valuable  deposit  of  gold, 
silver,  cinnabar,  copper,  coal,  or  other  minerals,  salt  springs,  or  deposits  of 
salt;  that  I  have  made  no  other  application  under  said  Acts;  that  I  do 
not  apply  to  purchase  the  land  above  described  on  speculation,  but  in  good 
faith  to  appropriate  it  to  my  own  exclusive  use  and  benefit,  and  that  I 
have  not,  directly  or  indirectly,  made  any  agreement  or  contract,  in  any 
way  or  manner,  with  any  person  or  persons  whomsoever,  by  which  the  title 
I  may  acquire  from  the  Government  of  the  United  States  may  inure  in  whole 
or  in  part  to  the  benefit  of  any  person  except  myself;  that  since  August  30, 
1890,  I  have  not  entered  and  acquired  title  to,  nor  am  I  now  claiming,  under 
an  entry  made  under  any  of  the  nonmineral  public-land  laws,  an  amount  of 


684 

land  which,  together  with  the  land  now  applied  for,  will  ex«eed  in  the  aggre- 
gate 320  acres;  that  I  am  not  a  member  of  any  association,  or  a  stockholder 
in  any  corporation  which  has  filed  an  application  and  sworn  statement  under 

said  Act;  and  that  my  post-office  address  is 

(If  a  city,  street  and  number  must  be  given.) 

at  which  place  any  notice  affecting  my  rights  under  this  application  may 
be  sent. 

I  request  that  notice  be  furnished  me  for  publication  in  the 

newspaper,  published  at 

(The  newspaper  must  be  one  of  general  circulation,  published  nearest  the  land.) 


(Sign  here,  with  full  Christian  name. ) 

Note. — Every  person  swearing  falsely  to  the  above  affidavit  will  be  pun- 
ished as  provided  by  law  for  such  offense.  (See  Sec.  5392,  E.  S.,  below.) 

In  addition  thereto,  the  money  that  may  be  paid  for  the  land  is  forfeited, 
and  all  conveyances  of  the  land,  or  of  any  right,  title,  or  claim  thereto,  are 
absolutely  null  and  void  as  against  the  United  States. 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant 
in  my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to  me 
personally  known  (or  has  been  satisfactorily  identified  before  me  by 

) ;  that  I  verily  believe  affiant 

(Give  full  name  and  post-office  address.) 

to  be  a  qualified  applicant   and   the  identical   person   hereinbefore   described, 
and  that  said  affidavit  was  duly  subscribed  and  sworn  to  before  me,  at  my 

office   in    , 

(Town.) 
(County  and  State.) 

within  the land  district,  this day  of 

.  19.. 


(Official  designation  of  officer.) 
Eevised  Statutes  of  the  United  States.    Title  LXX.  —  Crimes.  —  Chap.  4. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a  competent 
tribunal,  officer,  or  person,  in  any  case  in  which  a  law  of  the  United  States 
authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare,  depose, 
or  certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or 
certificate  by  him  subscribed  is  true,  willfully  and  contrary  to  such  oath 
states  or  subscribes  any  material  matter  which  he  does  not  believe  to  be  true, 
is  guilty  of  perjury,  and  shall  be  punished  by  fine  of  not  more  than  two 
thousand  dollars,  and  by  imprisonment,  at  hard  labor,  not  more  than  five 
years;  and  shall,  moreover,  thereafter  be  incapable  of  giving  testimony  in  any 
court  of  the  United  States  until  such  time  as  the  judgment  against  him  is 
reversed.  (See  Sec.  1750.) 

Note.  —  In  addition  to  the  above  penalty,  every  person  who  knowingly  or 
willfully  in  anywise  procures  the  making  or  presentation  of  any  false  or 
fraudulent  affidavit  pertaining  to  any  matter  within  the  jurisdiction  of  the 
Secretary  of  the  Interior  may  be  punished  by  fine  or  imprisonment. 


Department   of   the   Interior, 
United  States  Land  Office, 

"(Place.)  '" 
'"(Date.)  ' 
NOTICE  OF  APPRAISEMENT. 


Sir: 

You  are  informed  that  the  land,  and  the  timber  thereon,  embraced  in 

your  Timber  and  Stone  Application,  No ,  filed , 

have  been  appraised  in  the  sum  of dollars. 

You   are   therefore  notified   that   your  application   for   said   land   will   be 


685 

dismissed  without  further  notice,  if  you  do  not,  within  thirty  days  after 
date  of  this  notice,  deposit  the  appraised  price  of  the  land  with  the  Receiver 
of  this  office,  or  file  your  written  protest  against  such  appraisement,  setting 
forth  clearly  and  specifically  your  objection  thereto,  which  protest  must  be 
sworn  to  by  you,  and  corroborated  by  two  competent,  credible,  and  disinter- 
ested persons.  The  protest,  if  filed,  must  be  accompanied  by  your  application 
requesting  that  the  land  be  reappraised  at  your  expense,  and  you  must  deposit 

with  the  Receiver  the  sum  of dollars,  to  be  expended 

therefor,  and  you  must  indicate  your  consent  that  the  amount  so  deposited 
may  be  expended  for  the  reappraisement,  without  any  claim  on  your  part  that 
any  portion  thereof  so  expended  shall  be  returned  or  refunded  to  you. 

If  a  reappraisement  is  made  under  your  application,  you  will  secure  no 
right  or  privilege,   except   that   of   purchasing   the    lands   at    their   appraised 
value,  if  they  are  subject  to  sale  and  you  are  properly  qualified. 
Very  respectfully, 

,  Register. 

,  Receiver. 

[4—545.] 

Department  of  the  Interior. 
HOMESTEAD  DECLARATORY  STATEMENT. 

TJ.  S.  Land  Office,   ,  No 

Receipt  No 

Note. — This  form  may  be  used  where  the  declaratory  statement  is  filed  by 
an  agent  under  section  2309,  Revised  Statutes. 

I,     ,    Of 

County,  and  State  or  Territory  of ,  do  solemnly  swear 

that  I  served  for  a  period  of 

in  the  Army  of  the  United  States,  during  the 

(Here  state  whether  service  was  during  the  War  of  the  Rebellion, 
the  Spanish  War,  or  the  suppression  of  the  insurrection  in  the  Philippines.) 
and  was  honorably  dis- 
charged therefrom,  as  shown  by  a  statement  of  such  service  herewith,  and 
that  I  have  remained  loyal  to  the  Government;  and  that  I  have  never  made 
a  homestead  entry  or  filed  a  declaratory  statement  under  section  2290,  section 
2304  as  amended  by  the  Act  of  March  1,  1901  (31  Stat.,  847),  or  section  2309 
of  the  Revised  Statutes;  that  I  am  not  the  proprietor  of  more  than  one 
hundred  and  sixty  acres  of  land  in  any  State  or  Territory;  that  since 
August  30,  1890,  I  have  not  entered  and  acquired  title  to,  nor  am  I  now 
claiming,  under  an  entry  made  under  any  of  the  nonmineral  public-land  laws, 
an  amount  of  land  which,  together  with  the  land  now  applied  for,  will  exceed 
in  the  aggregate  320  acres;  that  I  have  appointed,  by  power  of  attorney  duly 

executed    on    the day    of , 

(or  I  do  hereby  appoint) of 

County  and  State  of ,  my  true  and  lawful  agent,  under 

section  2309  aforesaid,  to  select  for  me  and  in  my  name,  and  file  my  declaratory 
statement  for  a  homestead  right  under  the  aforesaid  sections;  and  I  hereby 
give  notice  of  my  intention  to  claim  and  enter  said  tract  under  said  statute; 
that  the  location  herein  authorized  is  made  for  my  exclusive  use  and  benefit, 
for  the  purpose  of  my  actual  settlement  and  cultivation,  and  not  either 
directly  or  indirectly  for  the  use  or  benefit  of  any  other  person;  that  my 
said  attorney  has  no  interest,  present  or  prospective,  in  the  premises,  and 
that  I  have  made  no  arrangement  or  agreement  with  him  or  any  other  person 
for  any  sale  or  attempted  sale  or  relinquishment  of  my  claim  in  any  manner 
or  for  any  consideration  whatever,  and  that  I  have  not  signed  this  declaration 
in  blank. 


(Sign  here,  with  full  Christian  name.) 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant 
in  my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is  to  me 
personally  known  (or  has  been  satisfactorily  identified  before  me  by 

) ;  that  I  verily  believe 

(Give  full   name  and  post-office  address.) 
affiant  to  be  a  qualified  applicant  and  the   identical  person  hereinbefore   de- 


686 

scribed;  and  that  said  affidavit  was  duly  subscribed  and  sworn  to  before  m5, 

at  my   office,   in ." ;    this 

(County  and  State.) 
day   of ,19 


(Official  seal.) 


(Official  designation  of  officer.) 
By  virtue  of  the  foregoing,  and  of  a  certain  power  of  attorney  therein 

named,  duly  executed   on   the day   of 

19. .,  and  filed  herewith,  I  hereby  select  the 

Section ,    Township ,    Bange , 

Meridian,  as  the  homestead  claim  of 

,  the  aforesaid,  and  do  solemnly  swear  that 

the  same  is  filed  in  good  faith  for  the  purposes  therein  specified,  and  that  I 
have  no  interest  or  authority  in  the  matter,  present   or  prospective,  beyond 

the  filing  of  the  same  as  the  true  and  lawful  agent  of  the  said 

,    as    provided    by    section    2309    of    the    Revised 

Statutes  of  the  United  States. 


Agent. 

Sworn  to  and  subscribed  before  me  this day  of 

,,  19.. 


(Official  seal.) 


(Official  designation  of  officer.) 
Eevised  Statutes  of  the  United  States.    Title  LXX. — Crimes. — Chap.  4. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a  competent 
tribunal,  officer,  or  person,  in  any  case  in  which  a  law  of  the  United  States 
authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare,  depose, 
or  certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or 
certificate  by  him  subscribed  is  true,  willfully  and  contrary  to  such  oath 
states  or  subscribes  any  material  matter  which  he  does  not  believe  to  be  true, 
is  guilty  of  perjury,  and  shall  be  punished  by  fine  of  not  more  than  two 
thousand  dollars,  and  by  imprisonment,  at  hard  labor,  not  more  than  five 
years;  and  shall,  moreover,  thereafter  be  incapable  of  giving  testimony  in  any 
court  of  the  United  States  until  such  time  as  the  judgment  against  him  is 
reversed.  (See  Sec.  1750.) 

Note. — In  addition  to  the  above  penalty,  every  person  who  knowingly  or 
willfully  in  anywise  procures  the  making  or  presentation  of  any  false  or 
fraudulent  affidavit  pertaining  to  any  matter  within  the  jurisdiction  of  the 
Secretary  of  the  Interior  may  be  punished  by  fine  or  imprisonment. 

[4—548.] 

Department  of  the  Interior. 
RESERVOIR  DECLARATORY  STATEMENT. 

U.  S.  Land  Office, ,  Serial  No 

Receipt  No 

Note. — When  the  applicant  is  a  corporation  the  form  should  be  executed 
by  its  president,  under  its  seal,  and  attested  by  its  secretary.  When  the  appli- 
cant is  not  a  corporation  or  an  association  of  individuals  strike  out  the  words 
in  italics. 

I,   ,  of , 

(Give  full  post-office  address.) 

do  hereby  certify  that  I  am  the  president  of  the 

company,  and  on  behalf  of  said  company  and  under  its  authority  do  hereby 

apply  for  the  reservation   of  land   in County, 

State  of for  the  construction  and  use  of  a 

reservoir  for  furnishing  water  for  live  stock  under  the  provisions  of  the  Act 
of  January  13,  1897    (29  Stat.,  484).     The  location  of  said  reservoir  and  of 

the  land  necessary  for  its  use,  is  as  follows: 

Section ,   Township , 

Eange ,   Meridian,  containing 

acres. 

I  hereby  certify  that  to  the  best  of  my  knowledge .  and  belief  the  said 
land  is  not  occupied  or  otherwise  claimed,  is  not  mineral  or  otherwise  reserved, 


687 

and  that  the  said  reservoir  is  to  be  used  in  connection  with  the  business  of 

the   applicant    of 

(The  description  of  the  business  of  the  applicant   should  include  "a  full  and  minute 
statement    of    the    extent    to    which    he    is    engaged    in    breeding,    grazing,    driving,    or 

transporting  live  stock,  giving  the  number  and  kinds  of  such  stock,  the  place  where  they 
are  being  bred  or  grazed,  and  whether  within  an  inclosure  or  upon  uninclosed  lands,  and 

also  from  where  and  to  where  they  are  being  driven  or  transported.'1  Circular  June  6, 
1908). 

The  land  owned  or  claimed  by  the  applicant  within  the  vicinity  of  the 
said  reservoir  (within  3  miles)  is  as  follows : 

I  further  certify  that  no  part  of  the  land  to  b*>reserved  under  this 
application  is  or  will  be  fenced;  that  the  same  shall  be  Icept  open  to  the 
free  use  of  any  person  desiring  to  water  animals  of  any  kind;  that  the  land 
will  not  be  used  for  any  purpose  except  the  watering  of  stock;  and  that  the 
land  is  not,  by  reason  of  its  proximity  to  other  lands  reserved  for  reservoirs, 
excluded  from  reservation  by  the  regulations  and  rulings  of  the  land  de- 
partment. 

The  water  of  said  reservoir  will  cover  an  area  of 

acres,  in ,  Section ,  Township , 

(State  smallest  legal  subdivision.) 

Kange ,  of  said  lands;  the  capacity  of  the  water  for  said  reservoir 

will  be gallons,  and  the  dam  will  be feet  high.     The  source 

of  the  water  for  said  reservoir  is 

and  there  are  no  streams  or  springs  within  two  miles  of  the  land  to  be  re- 
served except  as  follows :  

(State  location  by  legal  subdivisions.) 

The  applicant  has  filed  no  other  declaratory  statements  under  this  Act, 
except  as  follows : 

Number.  Land  office.  Area  to  be  reserved — Acres. 


Total,    acres,  of  which  Nos are  located 

in  said  County. 

And  I  further  certify  that  it  is  the  bona  fide  purpose  and  intention  of 
this  applicant  to  construct  and  complete  said  reservoir  and  maintain  the  same 
in  accordance  with  the  provisions  of  said  Act  of  Congress  and  such  regulations 
as  are  or  may  be  prescribed  thereunder. 

(Sign  here,  with  full  Christian  name.) 
(Seal  of  company.) 

Attest:   

Secretary. 

State  of 

County   of 

ss: 

,    being    duly    sworn,    deposes    and    says 

that  the  statements  herein  made  are  true  to  the  best   of  his  knowledge   and 
belief. 


(Signature.) 

Duly  sworn  to  and  subscribed  before  me  this 

day  of.' ,   191.. 


(Seal.) 

(Official  designation  of  officer.) 


.   191.... 

I  hereby  certify  that  the  foregoing  application  is  for  the  reservation  of 
lands  subject  thereto  under  the  provisions  of  the  Act  of  January  13,  1897: 
that  there  is  no  prior  valid  adverse  right  to  the  same;  and  that  the  land  is 
not,  by  reason  of  its  proximity  to  other  lands  reserved  for  reservoirs,  excluded 
from  reservation  by  the  regulations  and  rulings  of  the  land  department. 

,  Register. 


[4—590.] 
Township  No Eange   No Mer. 

[4—621.] 

Department   of   the   Interior. 
General  Land  Office. 
EELINQUISHMENT. 


,  19.. 

I  hereby  relinquish  to  the  United  States  all  my  right,  title,  and  claim  in 

and   to   the   following-described   land : 

,   Section ,   Township ,   Kange , 

Meridian,  embraced  in , 

(Kind  of  application  or  entry.) 

No ,  made  at  the  U.  S.  Land  Office  at 

Eeceiver  's  Receipt  No 


(Signature.) 
Witnesses : 

(Name  and  address.) 

(Name  and  address.) 
Acknowledged  before  me  this day  of ,  19. 


(Official  designation.) 
The    relinquishment    accompanying    a    Eepayment    Application    must    be 

executed  before  the  Eegister  or  Eeceiver,  or  before  an  officer  qualified  to  take 

acknowledgments  of  deeds. 

Other  relinquishments  may  be  accepted  if  the  signature  of  the  entryman 

is  attested  by  two  witnesses. 

[4—622.] 
SUBPOENA. 
The  United  States  of  America, 

To 

You  are  hereby  commanded  to  appear  before , 

at office,  in ,  in  the  County  of , 

State  (or  Territory)  of ,  at  the  hour  of M.,  on  the 

day  of ,  to  testify  in  behalf  of 

,  at  a  hearing,  to  be  then  and  there  held, 

wherein 

is ,  and  herein  fail  not  at  your  peril. 

Issued  this day  of 


County  of 

State  of 

ss: 

I,    ,  being  first  duly  sworn,  upon  my  oath   say 

that  I  served  the  above  subpoena  in  the  County  of ,  in  the 

State    (or    Territory)    of on    the day    of 

,  by  then  and  there  delivering  a  true  copy  thereof 

each  to  the  within-named  witnesses,  to  wit: 


Subscribed  and  sworn  to  before  the  undersigned  this day  of. 


(Official  designation.) 

The  law  under  which  this  subpoena  is  issued  (Act  January  31,  1903) 
provides: 

Sec.  2.  That  witnesses  shall  have  the  right  to  receive  their  fee  for  one 
day's  attendance  and  mileage  in  advance.  The  fees  and  mileage  of  the  wit- 
nesses shall  be  the  same  as  that  provided  by  law  in  the  district  courts  of  the 


689 

United  States  in  the  district  in  which  such  land  offices  are  situated;  and  thfl 
witness  shall  be  entitled  to  receive  his  fee  for  attendance  in  advance  from 
day  to  day  during  the  hearing. 

Sec.  3.  That  any  person  willfully  neglecting  or  refusing  obedience  to  such 
subpoena,  or  neglecting  or  refusing  to  appear  and  testify  when  subp03naed,  his 
fees  having  been  paid  if  demanded,  shall  be  deemed  guilty  of  a  misdemeanor, 
for  which  he  shall  be  punished  by  indictment  in  the  district  court  of  the 
United  States  or  in  the  district  courts  of  the  Territories  exercising  the  juris- 
diction of  the  circuit  or  district  courts  of  the  United  States.  The  punishment 
for  such  offense,  upon  conviction,  shall  be  a  fine  of  not  more  than  two  hundred 
dollars,  or  imprisonment  not  to  exceed  ninety  days,  or  both,  at  the  discretion 
of  the  court:  Provided,  That  if  such  witness  has  been  prevented  from  obeying 
such  subpo2na  without  fault  upon  his  part,  he  shall  not  be  punished  unde" 
the  provisions  of  this  Act. 

(This  application  should  be  submitted  in  triplicate;   one   original  and  two 

copies.) 

[Form  No.  4— 022b.] 

(Read  the  instructions  at  the  bottom  of  this  form.) 
APPLICATION  FOR  PERMIT  TO  CUT  TIMBER. 


The  Commissioner  of  the  General  Land  Office,  Washington,  D.  C. 
Your   petitioners   respectfully   show — 

(1)  That  they  are  residents  of  the  state  of ,  and  that 

they  live    

(2)  That  they  urgently  need  certain  amounts  of  native  pine  and  other 
timber  to  make  lumber  for  their  individual  use,  as  contemplated  by  the  Act 
of  March  3,  1891   (26  Stat.,  1093),  as  extended  by  Act  of  February  13,  1893 
(27  Stat.,  444),  and  the  Act  of  March  3,  1901  (31  Stat.,  1436),  and  March  22, 
1901,  as  set  forth  in  circular  of  February  10,  1900,  "for  agricultural,  mining, 
manufacturing,   or  domestic  purposes,     *     *     *     under   the   rules   and  regula- 
tions to  be  made  and  prescribed  by  the  Secretary  of  the  Interior." 

(3)  That  the  petitioners  are  not  in  a  position  to  go  upon  the  public  domain 
and  cut  and  get  out  said  timber;  that  there  are  no  National  Forests  or  private 
dealers  in  timber  or  lumber  from  whom  petitioners  can  procure  the  material 
of  the  grade  wanted  at  a  price  less  than  $ per 

(4)  That  said  agent  will  make  no  charge  for  the  timber  cut  on  the  public 
domain,  the  only  charge  being  for  the  necessary  time,  labor,  and  legitimate 
expense  in  getting  it  out,  plus  a  fair  price  per  thousand  feet  for  sawing  the 
same  into  lumber. 

(5)  Your  several  petitioners  will  require  for  their  use,  in  the  aggregate- 
About thousand  feet  of 

About thousand  feet  of 

About thousand  feet  of 

About thousand  feet  of 

About thousand  feet  of 

making  a  grand  total  of feet  of  timber,  which  when 

cut  into  lumber  will  amount  to  about feet,  board  measure. 

(6)  That  the  timber  to  be  cut  is  in  Township ,  Range , 

and  Sections 

and  that  the  same  will  be  cut  and  removed  from  said  lands  in  one  year  from 
the  date  of  granting  this  petition. 

(7)  That  the  removal  of  this  timber  will  not  interfere  with,  lessen,  or 
damage  the  water  supply,  or  injuriously  affect  any  public  interest;  and  that 
said  timber  is  for  the  actual  use  of  the  petitioners  as  above  set  out,  and  is 
not  to  be  sold,  nor  bartered,  nor  exported  from  the  State  of 

Wherefore  your  petitioners  earnestly  request  that 

whose  post-office  address  is ,  be  permitted  to  act  as 

their   agent   in   cutting,    felling,   rafting,   and   sawing    a   sufficient   amount    of 
lumber,  to  be  cut  from  timber  on  the  lands  hereinbefore  mentioned,  to  meet 


690 

their  requirements  as  above  set  out,  and  as  provided  in  the  General  Land 
Office  circular  "P,"  approved  February  10,  1900. 

In  the  distribution  of  said  timber  among  your  petitioners,  the  quantity  and 
description  each  will  require  is  set  forth  opposite  their  respective  names  as 
follows : 

This  Memoranda  of  Agreement,  in  triplicate,  made  and  entered  into  by 

and  between ,  party  of  the   first  part,  of   the 

County  of ,   and   State   of 

and et  al.,  residents  of  the  County 

of ,  and  State   of ,  all  of  whose 

names  are  subscribed  to  a  certain  petition  addressed  to  the  Honorable  Com- 
missioner of  the  General  Land  Office,  and  whieti  is  hereunto  attached  and 
made  a  part  of  this  agreement. 

Witnesseth,  That,  whereas  it  is  desirable  that  the  aforesaid  party  of  the 
first  part  shall  act  as  the  agent  of  the  said  parties  of  the  second  part,  and 
by  this  agreement  does  agree  to  so  act,  in  cutting,  felling,  logging,  rafting, 
and  manufacturing  of  timber  into  lumber  for  the  use  of  said  parties  of  the 
second  part,  as  provided  under  the  Act  of  March  3,  1891,  and  promulgated  in 
circular  of  February  10,  1900. 

Now,   Therefore,   as   provided   in   said   section   4   of  said   circular,   we   do 

jointly  and  severally  appoint ,  party  of  the  first  part, 

our  agent  to  procure  timber  from  unoccupied,  unreserved,  nonmineral  Govern- 
ment land,  to  be  manufactured  into  lumber,  and  for  the  uses  and  purposes 
specified  in  section  3  of  said  circular  of  February  10,  1900,  a  copy  of  which  is 
hereunto  attached  and  made  part  of  this  agreement;  and  our  said  agent,  party 

of  the  first  part,  agrees  to  procure feet  of  timber,  and 

to  manufacture  the  same  into  lumber,  for  the  uses  and  purposes  as  provided 
in  said  section  3. 

And  we,  the  party  of  the  second  part,  hereby  agree  to  pay  to  our  said 
agent,  the  party  of  the  first  part,  as  full  compensation  for  his  time,  labor,  and 
other  legitimate  expenses  incurred  in  connection  with  the  cutting,  felling, 
logging,  rafting,  and  manufacturing  of  said  timber  into  lumber,  exclusive  of 

any  charge   for  the   timber   itself,  the   sum   of   $ per   1,000   feet 

for  the  timber  so  manufactured  into  lumber  and  delivered  to  us;  and  it  is 
further  agreed  by  and  between  the  parties  hereto  that  no  timber  shall  be 
manufactured  on  the  shares  or  taken  or  exchanged  in  payment  for  work. 

It  is  further  agreed,  That  no  green  trees  less  than  12  inches  in  diameter 
30  inches  above  the  ground  shall  be  cut,  except  in  special  cases  where  recom- 
mended by  a  special  agent  and  approved  by  the  Commissioner  of  the  General 
Land  Office,  and  in  all  cases  the  agreement  provides  for  the  piling  of  brush 
and  rubbish  in  compact  medium-sized  piles  for  burning  at  a  safe  distance 
from  the  remaining  timber. 

It  is  also  further  agreed,  and  mutually  understood  by  the  parties  hereto, 
that  the  life  of  this  said  agreement  shall  be  for  one  year  only,  'and  which 
year  shall  begin  to  run  on  and  after  the  date  of  permit,  if  approved,  of  the 
petition  as  prayed  for,  and  herewith  attached. 

In  witness  whereof,  the  said  parties  of  the  first  and  second  parts  have 

hereunto  set  their  hands  and  seals  this day  of ,  19. . 

[Seal] 

[Seal] 

Approved  this day  of ,  19.. 

Commissioner. 
To  the  Commissioner  of  the  General  Land  Office: 

I,  ,  a  citizen  of  the  United  States,  and 

resident  of  the  State  of ,  do  hereby  accept  the  agency  sought 

to  be  established  by  your  petitioners,  and   hereby  agree   to  cut   and  remove 

feet  of  timber  from  the  lands  designated  in  said 

petition   attached,  and  to  manufacture  the  same  into  lumber  at  or  near  the 

town    of >    in County 

,  and  to  deliver  the  same  to  your  several  petitioners 

in  such   quantities  and  dimensions  as  is  petitioned  for  by  them  for  the   uses 

and  purposes  mentioned  in  said  petition,  at  a  cost  of  $ per  1,000 

feet,  which  sum  is  to  cover  my  time,  labor,  and  other  legitimate  expenses 
incurred  in  connection  with  the  manufacture  of  said  timber  into  lumber,  ex- 
clusive of  any  charge  for  the  timber  itself. 

That  I  will  cut  and  remove  such  timber  within  one  year  from  date  of 


691 

granting  said  petition,  and  that  I  will  observe  all  rules  and  regulations  issued 
by  the  Department  relative  to  the  removal  of  timber  from  the  public  lands  of 
the  United  States. 

[Seal.] 

This day  of ,  19 

VERIFICATION. 

State  of 

County  of 

ss: 

,  being  first  duly  sworn  according  to  law,  on  oath, 

says:  I  am  one  of  the  petitioners  above  named;  I  have  read  or  heard  read 
the  foregoing  petition,  and  know  the  contents  thereof;  the  same  is  true,  of 
my  own  knowledge. 


Sworn  and  subscribed  before  me  this day  of ,  19 


CORROBORATING  AFFIDAVIT. 

State  of 

County  of 

ss: 

and   being  severally  duly 

sworn  according  to  law,  each  for  himself,  on  oath,  says:     I  reside 

in  said  County  and  State;  I  am  well  acquainted  with  said  township,  the  timber 
land  and  the  water  courses  therein.  It  would  do  no  harm,  in  my  opinion,  to 
the  water  supply,  nor  would  it  injuriously  affect  any  public  interest,  to  permit 
the  cutting  and  removal  of  the  quantity  and  kinds  of  timber  required  by 
petitioners  from  the  lands"  hereinbefore  described.  I  have  no  interest  in  this 
matter. 


Sworn  and  subscribed  before  me  this day  of ,  19 


NONMINERAL  AFFIDAVIT. 

(This  affidavit  can  be  sworn  to  only  on  personal  knowledge  and  can  not  be  made  on 

information  and  belief.) 

Department  of  the  Interior, 
United  States  Land  Office, 


,  19 

,  being  duly  sworn  according  to  law,  deposes  and 

says  that  he  is  the  identical who  is 

that  he  is  well  acquainted  with  the  character  of  said  described  land,  and  with 
each  and  every  legal  subdivision  thereof,  having  frequently  passed  over  the 
same;  that  his  personal  knowledge  of  said  land  is  such  as  to  enable  him  to 
testify  understandingly  with  regard  thereto;  that  there  is  not,  to  his  knowledge, 
within  the  limits  thereof,  any  vein  or  lode  of  quartz  or  other  rock  in  place, 
bearing  gold,  silver,  cinnabar,  lead,  tin,  or  copper,  or  any  deposit  of  coal;  that 
there  is  not  within  the  limits  of  said  land,  to  his  knowledge,  any  placer, 
cement,  gravel,  or  other  valuable  mineral  deposit;  that  the  land  contains  no 
salt  spring,  or  deposits  of  salt  in  any  form  sufficient  to  render  it  chiefly  valu- 
able therefor;  that  no  portion  of  said  land  is  claimed  for  mining  purposes 
under  the  local  customs  or  rules  of  miners  or  otherwise;  that  no  portion  of 
said  land  is  worked  for  mineral  during  any  part  of  the  year  by  any  person 
or  persons;  that  said  land  is  essentially  nonmineral  land;  and  that  his  post- 
office  address  is 


I  hereby  certify  that  the  foregoing  affidavit  was  read  to  affiant  in  my  pres- 


692 

ence  before  he  signed  his  name  thereto;  that  said  affiant  is  to  me  personally  known 

(or  has  been  satisfactorily  identified  before  me  by ), 

and  that  I   verily  believe   him   to   be    a   credible   person   and  the  person   he 
represents  himself  to  be,  and  that  this  affidavit  was  subscribed  and  sworn  to 

before  me  at  my  office  in within  the 

land  district,  on  this day  of ,  19 


Note. — The  officer  before  whom  the  deposition  is  taken  should  call  the 
attention  of  the  witness  to  the  following  section  of  the  Eevised  Statutes,  and 
state  to  him  that  it  is  the  purpose  of  the  Government,  if  it  be  ascertained  that 
he  testifies  falsely,  to  prosecute  him  to  the  full  extent  of  the  law: 

Eevised  Statutes  of  the  United  States.    Title  LXX. — Crimes.— Chap.  4. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a  competent 
tribunal,  officer,  or  person,  in  any  case  in  which  a  law  of  the  United  States 
authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare,  depose,  or 
certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or  certifi- 
cate by  him  subscribed  is  true,  willfully  and  contrary  to  such  oath  states  or 
subscribes  any  material  matter  which  he  does  not  believe  to  be  true,  is  guilty 
of  perjury,  and  shall  be  punished  by  fine  of  not  more  than  two  thousand 
dollars,  and  by  imprisonment,  at  hard  labor,  not  more  than  five  years;  and 
shall,  moreover,  thereafter  be  incapable  of  giving  testimony  in  any  court  of 
the  United  States  until  such  time  as  the  judgment  against  him  is  reversed. 
(See  Sec.  1750.) 

INDOESEMENT  BY  CHIEF  OF  FIELD  DIVISION. 

The  within  petition  to  cut  timber  came  into  my  hands  for  examination  on 

the day  of ,  19..,  and  the  examination 

being  complete,  permission  to  cut feet  of  timber  for  the  peti- 
tioners whose  names  I  have  initialed  is  hereby  granted.  The  petition  as  to 
names  by  me  not  initialed  is  hereby  denied.  My  action  hereon  is  subject  to 
revision  by  the  Commissioner  of  the  General  Land  Office.  It  is  understood 
that  cutting  of  timber  under  this  permit  shall  at  once  cease  should  my  action 
herein  as  to  permission  to  cut  be  revoked  by  the  Commissioner. 

Dated  this day  of ,  19.. 


Chief  of  Field  Division,  General  Land  Office. 
INSTEUCTIONS  FOE  FILLING  IN  BLANKS. 

1.  Each  petitioner  should  sign  his  name  and  address,  giving  occupation, 
kind  of  timber  wanted,  and  amount  of  same. 

2.  Give  full  name  of  person  or  company  who  is  to  act  as  agent  for  the 
petitioners. 

3.  State  full  amount  of  timber  wanted  by  the  petitioners. 

4.  State  township,  range,  and  sections  of  land  desired  to  be  cut  from,  if 
surveyed;  if  unsurveyed,  so  state,  and  name  mountains  where  the  timber  grows, 
also  names  of  creeks,  rivers,  or  any  natural  landmark  that  would  locate  the 
timber  to  be  cut,  and  in  all  cases  wide  areas  of  land  should  be  avoided. 

5.  One  of  the  petitioners  should  make  the  first  affidavit,  and  two  or  more 
reliable,  disinterested  citizens  should  make  the  second  affidavit,  which  should 
be  acknowledged  before  a  notary  public  or  some  other  officer  having  a  seal. 

6.  The  nonmineral  affidavit  should  be  filled  out  and  signed  by  a  competent, 
reliable  person  who  is  acquainted  with  the  land  upon  which  it  is  desired  to 
cut  timber. 

7.  The  petition,  when  completed,  must  be  forwarded  to  the  Chief  of  Field 
Division,  General  Land  Office,  at  the  post-office  address  given  below,  who  will 
take  up  same  at  once  and  have  an  examination  made  of  the  land  and  timber 
described  by  the  petitioners  and  report  thereon  to  the  Commissioner  of  the 
General  Land  Office,  with  proper  recommendations. 

The  address  of  the  Chief  of  Field  Division  who  has  charge  of  the  State 
named  is  as  follows: 
Oregon:     Portland. 

California,  Nevada:     Oakland,  California. 

Washington,  Idaho  (Coeur  d'Alene,  Lewiston) :     Spokane,  Washington. 
Montana:     Helena. 
Colorado:     Denver. 


693 

Arizona,  New  Mexico:     Santa  Fe,  New  Mexico. 

Wyoming,  South  Dakota  (Rapid  City):     Cheyenne,  Wyoming. 

North  Dakota,  South  Dakota  (except  Rapid  City):     Fargo,  North  Dakota. 

Utah,  Idaho  (Boise,  Hailey,  Blackf  oot) :     Salt  Lake  City,  Utah. 

CIRCULAR. 

Rules  and  Regulations  Governing  the  Use  of  Timber  on   Nonmineral  Public 

Lands  in  Certain  states  and  Territories,  under  the  Act  of  March  3  1891 

(26  Stat.,  1903),  as  Extended  by  the  Act  of  February  13, 

1893   (27  Stat.,  444). 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  February  10,  1900. 

By  virtue  of  the  power  vested  in  the  Secretary  of  the  Interior  by  the  Act 
of  March  3,  1891  (26  Stat.,  1093),  the  following  rules  and  regulations  are 
hereby  prescribed: 

1.  The  Act,  so  far  as  it  relates  to  timber  on  public  lands,  as  extended  by 
the  Act  of  February  13,  1893   (27  Stat.,  444),  applies  only  to  the  States  of 
Colorado,  Montana,  Idaho,  North  Dakota,  South  Dakota,  Wyoming,  Nevada,  and 
Utah,  and  the  Territories  of  Arizona  and  New  Mexico.     The  Act  originally 
extended  to  the  District  of  Alaska,  but  in  that  respect  it  has  been  superseded 
by  section  11  of  the  Act  of  May  14,  1898  (30  Stat.,  409),  under  which  other  and 
separate  regulations  are  prescribed  for  the  District  of  Alaska. 

2.  The  intention  of  the  Act  of  March  3,  1891,  is  to  enable  settlers  upon 
public  lands  and  other  residents  within  the  States  and.  Territories  above  named 
to  secure  from  public  timber  lands  timber  or  lumber 'for  agricultural,  mining, 
manufacturing,  or  domestic  purposes,  for  use  in  the  State  or  Territory  where 
obtained,    under    rules    and   regulations    to    be    made    and    prescribed   by    the 
Secretary  of  the  Interior. 

3.  Settlers  upon  public  lands  and  other  residents  of  the  States  and  Terri- 
tories above  named  may  procure  timber  free  of  charge  from  unoccupied,  unre- 
served, nonmineral  public  lands  within  said  States  and  Territories,  strictly  for 
their  own  use  for  firewood,  fencing,  building,  or  other  agricultural,  mining, 
manufacturing,  or  domestic  purposes,  but  not  for  sale  or  disposal,  nor  for  use 
by  other  persons,  nor  for  export  from  the  State  or  Territory  where  procured. 
The  cutting  or  removal  of  timber  or  lumber  to  an  amount  exceeding  in  stump- 
age  value  $50  in  any  one  year  will  not  be  permitted,  except  upon  application 
*     *     *     and  after  the  granting  of  a  special  permit.     Except  as  above  pro- 
vided, it  is  not  necessary  for  actual  residents  to  secure  permission  to  take 
timber  from  public  lands  in  said  States  and  Territories  for  the  purposes  afore- 
said.    The  exercise  of  such  privilege  is,  however,  subject  at  all  times  to  super- 
vision by  the  Department  with  a  view  to  such  restriction  as  may  be  deemed 
necessary. 

4.  In  cases  where  qualified  persons  are  not  in  position  to  procure  timber 
from  the  public  lands  themselves,  it  is  allowable  for  them  to  secure  the  cutting, 
removing,  sawing,  or  other  manufacture  of  the  timber  through  the  medium  of 
others  upon  an  agreement  with  the  parties  thus  acting  as  thei-  agents  that 
they  shall  be  paid  a  sufficient  amount  only  to  cover  their  time,  labor,  and  other 
legitimate  expenses  incurred  in  connection  therewith,  exclusive  of  any  charge 
for  the  timber  itself;  but  no  person,  whether  acting  for  himself,  as  an  agent 
for  another,  or  otherwise,  will  be  permitted  to  cut  or  remove  in  any  one  year 
timber  or  lumber  to  an  amount  exceeding  in  stumpage  value  $50,  except  upon 
application     *     *     *     and  upon  the  granting  of  a  special  permit. 

5.  The  uses  specified  in  section  3  of  these  rules  and  regulations  constitute 
the  only  purpose  for  which  timber  may  be  taken  from  public  lands  in  said 
States  and  Territories,  under  this  Act. 

6.  The  cutting  and  removing  of  timber,  free  of  charge,  under  said  Act 
of  March  3,  1891,  is  confined  to  unreserved,  unoccupied,  nonmineral  public  lands, 
in  the  States  and  Territories  named  therein,  inasmuch  as  the  Act  specifically 
provides  that  the  same  shall  not  operate  to  repeal  the  Act  of  June  3,  1878 
(20  Stat.,  88),  which  makes  provision,  in  said  States  and  Territories,  for  the  free 
cutting  of  timber  on  public  lands  that  are  known  to  be  of  a  strictly  mineral 
character  for  the  uses  named  in  said  Act. 

7.  It  is   further  provided  in   said   Act  of  March   3,   1891,  that   "nothing 
herein  contained  shall  operate  to  enlarge  the  rights  of  any  railway  company 
to  cut  timber  on  the  public  domain."    Consequently,  no  timber  may  be  cut  or 


694 

taken  under  this  Act  from  public  lands  either  by  or  for  the  use  of  any  railroad 
company. 

8.  'Section  2461,  United  States  Revised  Statutes,  is  still  in  force  in  the 
States  and  Territories  herein  named,  and  its  provisions  may  be  enforced  against 
any  person,  or  persons,  who  cut  or  remove,  or  cause  or  procure  to  be  cut  or 
removed,  or  aid  or  assist  or  are  employed  in  cutting  or  removing,  any  timber 
from  public  lands  therein,  except  as  allowed  by  law. 

Q  *  *  *  *  *  *  * 

10.  All  rules  and  regulations  heretofore  prescribed  under  said  Act  of 
March  3,  1891,  relating  to  the  use  of  timber  on  public  lauds  in  the  above-named 
States  and  Territories,  are  hereby  revoked. 

W.  A.  Richards, 
Acting  Commissioner. 
Approved,  February  10,  1900. 
E.  A.  Hitchcock, 

Secretary. 

(This  application  should  be  submitted  in  triplicate;  one  original  and  two  copies.) 

[4— 022d.] 

(Bead  the  Instructions  at  the  Bottom  of  this  Form.) 
APPLICATION  FOR  PERMIT  TO  CUT  TIMBER   ON  MINERAL  LANDS. 


,   19... 

The  Commissioner  of  the  General  Land  Office, 

Washington,  D.  C. 
Your  petitioners  respectfully  show — 

(1)  That  they  are  residents  of  the  State  of. ,  and  that 

they  live   

(2)  That  they  need  certain  amounts  of  timber  for  their  individual  use, 
as  contemplated  by  the  Act  of  June  3,  1878   (20  Stat.,  88),  as  set  forth  in 
circular    of    March    16,    1909,    "for   building,    agricultural,    mining    or    other 
domestic  purposes." 

(3)  That  the  petitioners  are  not  in  a  position  to  go  upon  the  lands  and 

cut  and  get  out  said  timber,  and  that  they  desire   ,  who  join  in 

this  petition,  to  act  as  their  agent  in  procuring  said  timber. 

(4)  That  said  agent  will  make  no  charge  for  the  timber  to  be  cut,  the 
only  charge  being  for  the  necessary  time,  labor,  and  legitimate  expense  in 
getting  it  out,  plus  a  fair  price  per  thousand  feet  for  sawing  the  same  into 
lumber. 

(5)  Your  several  petitioners  will  require,  for  their  use,  in  the  aggregate — 

About  thousand  feet  of  

About  thousand  feet  of  

About  thousand  feet  of  

About  thousand  feet  of  

About  thousand  feet  of  

making  a  grand  total  of  feet  of  timber,  which  when  cut  into 

lumber  will  amount  to  about  feet,  board  measure. 

(6)  That  the  timber  to  be  cut  is  in  Township ,  Range   ,  and 

Sections  ,  and  that  the  same  will  be  cut  and  removed  from 

said  lands  in  one  year  from  the  date  of  granting  this  petition;  that  said  lauds 
are  mineral  lands  and  subject  to  entry  only  under  the  mineral  land  laws. 

(7)  That  the  removal  of  this  timber  will  not  interfere  with,  lessen,  or 
damage  the  water  supply,  or  injuriously  affect  any  public  interest;  and  that 
said  timber  is  for  the  actual  use  of  the  petitioners  as  above  set  out,  and  is 

not  to  be  sold,  nor  bartered,  nor  exported  from  the  State  of ;  and 

that  said  timber  is  not  for  the  use  or  benefit  of  any  railroad  corporation. 

Wherefore  your  petitioners  earnestly  request  that  ,  whose 

post-office  address  is  ,  be  permitted  to  act  as  their  agent  in  cut- 
ting, felling,  rafting,  and  sawing  a  sufficient  amount  of  lumber,  to  be  cut 
from  timber  on  the  lands  hereinbefore  mentioned,  to  meet  their  requirements 
as  above  set  out,  and  as  provided  in  the  General  Land  Office  circular,  approved 
March  16,  1909. 

In  the  distribution  of  said  timber  among  your  said  petitioners,  the  quan- 


695 

tity  and  description  each  will  require  is  set  forth   opposite  their   respective 
names  as  follows: 

Kind  For  What 

Name —  Occupation.         of  Timber.  Quantity.  Purpose. 


Tliis  Memoranda  of  Agreement,  in  triplicate,  made  and  entered  into  by 

and  between   ,  party  of  the  first  part,  of  the  County  of   , 

and  State  of ,  and et  al.,  residents  of  the  County  of , 

and  State  of ,  all  of  whose  names  are  subscribed  to  a  certain  petition 

addressed  to  the  Commissioner  of  the  General  Land  Office,  and  which  is  here- 
unto attached  and  made  part  of  this  agreement. 

Witnesseth,  That,  whereas  it  is  desirable  that  the  aforesaid  party  of  the 
first  part  shall  act  as  the  agent  of  the  said  parties  of  the  second  part,  and  by 
this  agreement  does  agree  to  so  act  in  cutting,  felling,  logging,  rafting,  and 
manufacturing  of  timber  into  lumber  for  the  use  of  said  parties  of  the  second 
part,  as  provided  under  the  Act  of  June  3,  1878  (20  Stat.,  88),  and  promul- 
gated in  circular  of  March  16,  1909. 

Now,  therefore,  We  do  jointly  and  severally  appoint   ,  party 

of  the  first  part,  our  agent  to  procure  timber  from  unoccupied,  unreserved, 
mineral  Government  land,  to  be  manufactured  into  lumber,  and  for  the  uses 
and  purposes  specified  in  said  circular  of  March  16,  1909,  a  copy  of  which  is 
hereunto  attached  and  made  part  of  this  agreement;  and  our  said  agent,  party 

of  the  first  part,  agrees  to  procure feet  of  timber,  and  to  manufacture 

the  same  into  lumber,  for  the  uses  and  purposes  as  provided  in  said  circular. 

And  we,  the  party  of  the  second  part,  hereby  agree  to  pay  to  our  said 
agent,  the  party  of  the  first  part,  as  full  compensation  for  his  time,  labor,  and 
other  legitimate  expenses  incurred  in  connection  with  the  cutting,  felling, 
logging,  rafting,  and  manufacturing  of  said  timber  into  lumber,  exclusive  of 

any  charge  for  the  timber  itself,  the  sum  of  $ per  1,000  feet  for  the 

timber  so  manufactured  into  lumber  and  delivered  to  us;  and  it  is  further 
agreed  by  and  between  the  parties  hereto  that  no  timber  shall  be  manufactured 
on  the  shares  or  taken  or  exchanged  in  payment  for  work. 

It  is  further  agreed,  That  only  matured  timber  is  to  be  cut,  and  in  all 
cases  the  agreement  provides  for  the  piling  of  brush  and  rubbish  and  dis- 
posing of  same  as  may  be  required  by  the  land  department,  and  only  such 
percentage  of  the  timber  as  may  be  authorized  shall  be  cut. 

It  is  also  further  agreed,  and  mutually  understood  by  the  parties  hereto, 
that  the  life  of  this  said  agreement  shall  be  for  one  year  only,  and  which  year 
shall  begin  to  run  on  and  after  the  date  of  the  permit  to  be  granted  by  a 
Chief  of  Field  Division  of  the  General  Land  Office. 

In  witness  whereof,  the  said  parties  of  the  first  and  second  parts  have 

hereunto  set  their  hands  and  seals  this day  of ,  19. . 

[Seal.] 

[Seal.] 

To  the  Commissioner  of  the  General  Land  Office: 

l}  ,  a  citizen  of  the  United  States,  and  resident  of  the  State 

of    ,   do  hereby   accept   the   agency   sought  to   be   established   by   your 

petitioners,  and  hereby  agree  to  cut  and  remove   feet  of 'timber  from 

the  lands  designated  in  said  petition  attached,  and  to  manufacture  the  same 

into  lumber  at  or  near  the  town  of ,  in County,  ,  and  to 

deliver  the  same  to  your  several  petitioners  in  such  quantities  and  dimensions 
as  is  petitioned  for"  by  them  for  the  uses  and  purposes  mentioned  in  said 

petition,  at  a  cost  of  $ per  1,000  feet,  which  sum  is  to  cover  my  time, 

labor,  and  other  legitimate  expenses  incurred  in  connection  with  the  manu- 
facture of  said  timber  into  lumber,  exclusive  of  any  charge  for  the  timber 
itself. 

That  I  will  cut  and  remove  such  timber  within  one  year  from  date  of  the 
permit,  and  that  I  will  observe  all  rules  and  regulations  issued  by  the  Depart- 
ment relative  to  the  removal  of  timber  from  the  public  mineral  lands  of  the 
United  States. 

[Seal.] 

This day  of ,19.. 


696 

AFFIDAVIT  TO  BE  EXECUTED  BY  A  PETITIONEE. 

State  of ,  County  of ,  ss.: 

,  being  first  duly  sworn  according  to  law,  on  oath,  says:    I  am 

one  of  the  petitioners  above  named;  I  have  read  or  heard  read  the  foregoing 
petition,  and  know  the  contents  thereof;  the  same  is  true,  of  my  own  knowledge. 

Sworn  and  subscribed  before  me  this day  of ,  19. . 


[4—302.] 

PEEMIT  BY  CHIEF  OF  FIELD  DIVISION  TO  FELL  AND  KEMOVE 
TIMBER  FROM  MINERAL  LANDS. 

I  hereby  grant  permit  to ,  of ,  to  fell  and  remove 

timber  from  the  following  lands:  for  the  use  of  the  persons 

and  in  amounts  as  to  each  person  stated  below,  viz.:  The 

tops  and  other  debris  shall  be  disposed  of  as  follows:  

Only per  cent  of  the  total  stand  of  timber,  acre  by  acre,  and  only 

matured  timber,  shall  be  cut.  The  cutting  authorized  shall  be  completed 
within  twelve  months  from  this  date. 

My  action  in  granting  this  permit  is  subject  to  revision  by  the  Commis- 
sioner of  the  General  Land  Office,  and  it  is  to  be  understood  that  cutting  of 
timber  under  this  permit  shall  at  once  cease  upon  notice  that  my  action  in 
granting  the  same  has  been  revoked  by  the  Commissioner.  Should  this  permit 
be  revoked  by  the  Commissioner,  any  cutting  done  under  same  will  have  to 
tx>  paid  for  at  a  reasonable  stumpage  value. 


Chief  of  Field  Division, 
CUven  this day  of ,  19. .,  at 

REPORT  OF  CHIEF  OF  FIELD  DIVISION. 

The  matter  -  of  the  above  application  has  been  investigated  under  my 
supervision,  and  above  is  a  copy  of  permit  granted  by  me  subject  to  your 
fell  and  remove  and  to  use  the  timber. 

Remarks :  -. 

approval. 

The  lands  are  mineral.  The  persons  named  are  qualified,  respectively,  to 
(Here  set  out  fully  the  matter  required  by  section  4  of  instructions  of  March  16,  1009.) 

Dated  this day  of ,  19. . 


Chief   of  Field  Division. 
Approved  this day  of ,  19. . 


Commissioner. 

INSTRUCTIONS  FOR  FILLING  IN  BLANKS. 

1.  Each  petitioner  should  sign  his  name  and  address,  giving  occupation, 
kind  of  timber  wanted,  and  amount  of  same. 

2.  Give  full  name  of  person  or  company  who  is  to  act  as  agent  for  the 
petitioners. 

3.  State  full  amount  of  timber  wanted  by  the  petitioners. 

4.  State  township,  range,  and  sections  of  land  desired  to  be  cut  from,  if 
surveyed;    if   unsurveyed,    so    state,    and    name    mountains    where   the    timber 
grows;  also  names  of  creeks,  rivers,  or  any  natural  landmark  that  would  locate 
the  timber  to  be  cut,  and  in  all  cases  wide  areas  of  land  should  be  avoided. 

5.  One  of  the  petitioners  must  make  the  affidavit  which  must  be  acknowl- 
edged before  a  notary  public  or  some  other  officer  having  a  seal. 

6.  The  application  should  be  forwarded  to  the  Register  and  receiver  of  the 
proper  local  land  office  or  to  the  proper  Chief  of  Field  Division. 

7.  In  cases  where  the  party  applying  desires  the  timber  for  his  own  use 
and  the  cutting  is  not  to  be  done  through  an  agent,  the  forms  should  be  prop- 
erly modified  to  show  the  facts. 

Note. — For  law  and  regulations  see  page  565. 


697 

NOTICE  OF  LOCATION  OF  A  PLACEE  CLAIM.— FORM  B. 

Notice  is  hereby  given  to  whom  it  may  concern:    That   and 

,  citizens  of  the  United  States,  over  the  age  of  twenty-one  years, 

have  this  day  located  under  the  Revised  Statutes  of  the  United  States,  and 

Chapter ,  Title ,  of ,  the  following  described  placer  mining 

ground,  viz.:     (Description),  situated  in   District,   County,  State 

of ».     This  claim  shall  be  known  as  the Claim,  and  we  intend  to 

work  the  same  in  accordance  with  the  local  customs  and  rules  of  miners  in 
said  district. 


Dated  on  the  ground,  this  sixth   ,  .... 

[Form  No.  C.] 
NOTICE  OF  LOCATION  OF  A  QUARTZ  CLAIM. 

Notice  is  hereby  given  to  all  whom  it  may  concern:    That 

and   ,  citizens  of  the  United  States,  over  the  age  of  twenty-one 

years,  having  discovered  a  vein  or  lode  of  quartz,  or  rock  in  place  bearing 
gold,  within  the  limits  of  the  claim  hereby  located,  have  this  day,  under  and 
in  accordance  with  the  Revised  Statutes  of  the  United  States,  Chap.  VI.,  Tit. 
32,  located  three  thousand  linear  feet  of  this  vein  or  lode,  with  surface  ground 

three  hundred  feet  in  width,  situated  in   Mining  District,  County  of 

,  State  of ,  and  known  as  the Claim,  and  extending  three 

thousand  feet  north  to ,  and to ,  from  this  notice  at  the  dis- 
covery or  prospect  shaft,  the  exterior  boundaries  of  this  claim  being  distinctly 
marked  by  reference  to  some  natural  object  or  permanent  monuments,  and 
more  particularly  described  as  follows,  to-wit:  (Descriptions.)  And  we  intend 
to  hold  and  work  said  claim  as  provided  by  the  local  customs  and  rules  of 
miners,  and  the  Mining  Statutes  of  the  United  States. 


Dated  on  the  ground  the day  of 

Discovered,   , ,  Locator. 

Located , Recorded ,  .... 

Attest: 


[Form  No.  D.] 

PROOF  OF  POSTING  NOTICE  AND  DIAGRAM  ON  THE  CLAIM. 

State  of ,  County  of ,  ss.: 

and    ,  each   for   himself,   and  not   one   for   the 

other,  being  first  duly  sworn  according  to  law,  deposes  and  says,  that  he  is  a 
citizen  of  the  United  States,  over  the  age  of  twenty-one  years,  and  was  present 

on  the  third  day  of    ,    ....,  when  a  plat  representing  the  claim,  and 

certified  to  as  correct  by  the  United  States  Surveyor-General  of   ,  and 

designated  by  him  as  Lot  No ,  together  with  a  notice  of  the  intention 

of and to  apply  for  a  patent  for  the  mining  claim 

and  premises  so  platted,  was  posted  in  a  conspicuous  place  upon  said  mining 

claim,  to-wit:   ,  where  the  same  could  be  easily  seen  and  examined;  the 

notice  so  conspicuously  posted  upon  said  claim  being  in  words  and  figures  as 
follows,  to-wit: 

Notice   of   the   application  of   and    for   a   United 

States  patent. 

Notice  is  hereby  given  that  in  pursuance  of  Chap.  VI,  of  Tit.  32,  of  the 
Revised  Statutes  of  the  United  States,  and  ,  claim- 
ing three  thousand  linear  feet  of  the  vein,  lode,  or  mineral  deposit,  bearing 
gold,  with  surface  ground,  three  thousand  feet  in  width,  lying  and  being 

situated  within  the    District,  County  of    and  State  of    , 

have  made  application  to  the  United  States  for  a  patent  for  the  said  mining 
claim,  which  is  more  fully  described  as  to  metes  and  bounds  by  the  official 
plat  herewith  posted,  and  by  the  field  notes  of  survey  thereof,  now  filed  in  the 

office  of  the  Register  of  the  district  of  lands  subject  to  sale  at ,^ , 

which  field  notes  of  survey  describe  the  boundaries  and  extent  of  said  claim 
on  the  surface,  with  magnetic  variation  at  (Description.) 


698 

The  said  mining  claim  being  of  record  in  the  office  of  the  Recorder  of 

Records, ,  in  the  county  and  State  aforesaid,  the  presumed  general  course 

or  direction  of  the  said  vein,  lode,  or  mineral  deposit  being  shown  upon  the 
plat  posted  herewith,  as  near  as  can  be  determined  upon  present  developments, 
this  claim  being  for  three  thousand  linear  feet  thereof,  together  with  the 
surface  ground  shown  upon  the  official  plat  posted  herewith,  the  said  vein, 
lode,  and  mining  premises  hereby  sought  to  be  patented,  being  bounded  as 
follows:  (Description.) 

The  said  claim  being  designated  as  Lot  No in  the  official  plat 

posted  herewith. 

Any  and  all  persons  claiming  adversely  the  mining  ground,  vein,  lode, 
premises,  or  any  portion  thereof,  so  described,  surveyed,  platted,  and  applied 
for,  are  hereby  notified  that  unless  their  adverse  claims  are  duly  filed  as  accord- 
ing to  law  and  the  regulations  thereunder,  within  sixty  days  from  the  date 

hereof,  with  the  Register  of  the  United  States  Land  Office, ,  in  the  State 

of ,  they  will  be  barred  in  virtue  of  the  provisions  of  said  statute. 

Dated  on  the  ground  this  third  day  of ,  .... 

Subscribed  and  sworn  to  before  me  this   day  of   ,   ,  and 

I  hereby  certify  that  I  consider  the  above  deponents  credible  and  reliable  wit- 
nesses, and  that  the  foregoing  affidavit  and  notice  were  read  by  each  of  them 
before  their  signatures  were  affixed  thereto  and  the  oath  made  by  them.   • 
(Seal.) 


[Form  No.  E.] 

Serial  No. 

NOTICE  FOR  PUBLICATION. 
United  States  Land  Office. 


Notice  is  hereby  given  that  ,  whose  post-office  address  is 

,  has  this  day  of  ,  . . . . ,  filed  in  this  office  

application  to  select  under  the  provisions  of  (describe  act)  the  (describe  land). 

Any  and  all  persons  claiming  adversely  the  lands  described,  or  desiring  to 
object  because  of  the  mineral  character  of  the  land,  or  for  any  other  reason, 
to  the  disposal  to  applicant,  should  file  their  affidavits  of  protest  in  this  office, 
on  or  before  the day  of ,  19 .. 


Register. 
[Form  No.  F.] 

Serial  No 

Department  of  the  Interior, 
United  States  Land  Office, 

> 

Notice  is  hereby  given  that  ,  of  County,  State  of 

,  whose  post-office  address  is  ,  ,  has  this  day  of 

f  . . . .,  filed  in  this  office  his  application  to  make  selection,  location,  and 

entry  of  the  (describe  land),  as  assignee  of  the  person  who  is  entitled  to 

make  location  and  entry  thereof  as  the  additional  homestead  right  of  

,  deceased,  and  based  upon  Sections  2306  and  2307  of  the  Revised  Statutes 

of  the  United  States,  and  the  rules  and  regulations  of  the  Department  of  the 
Interior  thereunder,  granting  additional  lands  to  soldiers  and  sailors  who  served 
in  the  Army  or  Navy  of  the  United  States  during  the  War  of  the  Rebellion. 

Any  and  all  persons  claiming  adversely  the  lands  described,  or  desiring  to 
object  because  of  the  mineral  character  of  the  land,  or  any  part  thereof,  or  for 
any  reason,  to  the  disposal  to  applicant,  should  file  their  affidavits  of  protest  in 
this  office  on  or  before  the day  of ,  19. . 


Register. 

Posted 

Published  in 


699 

[Form  No.  G.] 
FOREST  RESERVE  LIEU  APPLICATION. 

U.  S.  Land  Office  at ,  19.. 

Notice  is  hereby  given  that  ,  whose  post-office  address  is 

, ,  has  made  application  to  select  under  the  provisions  of  the  Act 

of  June  4,  1897  (30  Stat.,  36),  the  following  described  tract:  

Within  the  next  30  days  from  the  date  hereof  protests  or  contests  against 
this  selection  on  the  ground  that  the  land  described,  or  any  portion  thereof,  is 
more  valuable  for  its  minerals  than  for  agricultural  purposes,  will  be  received 
and  noted  for  report  to  the  Commissioner  of  the  General  Land  Office. 


Register. 

First  publication, ,  19. . 

Posted  on  claim, ,  19. . 

[Form  No.  H.] 

Serial  No.  . 


SCRIP  LOCATIONS— AFFIDAVIT  OF  POSTING. 

Department  of  the  Interior, 

United  States  Land  Office, 


In  Re  Application  to  Locate 


Serial  No ,  ,  Sec ,  Tp ,  Range  

State  of ,  County  of ,  ss. : 

,  of ,  being  first  duly  sworn,  on  oath  deposes  and 

says:  that  he  is  the  identical  person,  or  the  attorney,  or  agent,  of  the  person 

who  located  the  above  described  land  under   ;  that  he  posted  a 

copy  of  the  hereto  attached  notice  upon  said  land  on  the    ,  19..;  that 

said  notice  was  posted  in  a  conspicuous  place  thereon,  to-wit:   (Describe  place 
of  posting  and  manner  of  posting)*;  that  said  notice  remained  posted  for  more 

than   days,  and  all  during  the  period  of  publication;  that  said  land  is 

not  adversely  claimed,  nor  in  the  possession  of  any  Indian. 


Subscribed  and  sworn  to  before  me  this day  of 


(Official  title.) 
*  If  no  suitable  place  is  available  for  posting,  place  notice  in  open  box  on 

a  post  set  in  the  ground,  care  being  used  to  have  the  posted  notice  extend  at 

least  2i/.  feet  above  the  surface  of  the  ground. 

t  Affidavit  of  publisher  may  be  on  form  4 — 348b,  page  557. 

AFFIDAVIT  OF  POSTING  CONTEST. 

Serial  No Contest  No 

Department  of  the  Interior, 
United  States  Land  Office, 


Contestant, 
v. 


Contestee. 

Involving , ,  Sec ,  Tp , 

State  of ,  County  of ,  ss.: 

t   of    ,  being  first   duly  sworn,   on    oath 

deposes  and  says:  that  he  is  the  contestant  in  the  above  entitled  contest;  that 
he  posted  copy  of  her  to  attached  notice  on  the  above  described  land,  in  a 
conspicuous  place  thereon,  to-wit:  (Describe  place  and  manner  of  posting.)* 


That  said  notice  remained  so  posted  for  a  period  of days,  and  continued 

so  posted  during  the  entire  period  of  publication. 


Subscribed  and  sworn  to  before  me  this day  of ,  19.  . 


(Official  title.) 

*  If  posted   on  post  set   in  the   ground,  the   notice  should  extend  at   least 
feet  above  the  surface. 
Serial  No Contest  No 

AFFIDAVIT  OF  MAILING  CONTEST. 

Department  of  the  Interior, 

United  States  Land  Office, 


Contestant, 
v. 

Contestee. 

State  of ,  County  of ,  ss. : 

,  being  first  duly  sworn,  on  oath  deposes  and  says:   that  he 

is  in  the  above  entitled  contest;  that  he  mailed  the  defendant 

a  true  copy  of  the  notice  of  contest  issued  herein,  on  the day  of , 

through   registered    United    States    mail,    at    the    following   addresses,    to-wit: 

,    , ,    said    addresses    being    the    record 

address,  the  post-office  nearest  the  land,  and  the  last  known  post-office  address 
of  the  contestee.  Evidence  of  mailing  is  herewith  attached  and  made  a  part 
hereof. 


Subscribed  and  sworn  to  before  me  this day  of ,  , 

(Official  title.) 

K.  Serial  No. 

APPOINTMENT  OF  ATTOKNEY. 
Department   of  the  Interior, 
United  States  Land  Office, 


In  Ee 


,  Sec ,  Tp ,  of  Eange 

To  Hon.  Kegister  and  Eeceiver, 

United  States  Land  Office, 


Gentlemen:    I  hereby  appoint  Mr •. . .,  of    ,  as  my 

attorney  to  represent  me  in  the  above  entitled  matter,  and  authorize  him  to 
accept  service,  and  to  do  any  and  all  things  necessary  for  the  accomplishment 
of  the  purpose  for  which  he  is  appointed. 


P.  O. 

Witness: 


L.  Serial  No. 

NOTICE  OF  APPEAL. 

Department  of  the  Interior, 
United  States  Land  Office, 


In  Ee 

,  Sec ,  Tp ,  E. 


701 

NOTICE  OF  APPEAL. 

You  will  please  take  notice  that hereby  appeals  to 

from  the  decision  of  rendered  in  the  above  entitled  matter  on 

the day  of ,  19.  .,  and  from  the  whole  thereof. 

This  appeal  is  taken  upon  both  law  and  fact. 


Note. — If  the  decision  complained  of  is  identified  by  letter  and  initial,  the 
division  and  initials  should  be  given. 
Note. — See  specifications  of  error. 

M.  Serial  No 

SPECIFICATIONS  OF  ERROR. 

Department  of  the  Interior, 
United  States  Land  Office, 


In  Re 


,  Sec ,  T ,  Range  , 

Statement  of  case:    (Here  give  record  facts.) 

Specifications  of  error:    (Here  state  distinctly  the  errors  relied  upon  for 
reversal  of  the  decision  complained  of.) 


N.  Serial  No. 


AFFIDAVIT  OF  LOSS  OR  DESTRUCTION  OF  REGISTER'S  FINAL 

CERTIFICATE. 

To  the  Register  United  States  Land  Office, 


I  respectfully  ask   that  patent  for    entry  No ,  embracing 

Sec ,  Tp , ,  be  delivered  to  me  upon  the  following 

affidavit  in  lieu  of  the  Register's  Final  Duplicate  Certificate. 


Applicant. 

State  of ,  County  of  .• ,  ss.: 

,  being  duly  sworn,  on  oath  deposes  and  says:  that  he  is  the 

same   identical  person   who  made  the   entry  described   above,   to-wit:    

entry,  Serial  No ,  for   ,  Sec ,  Tp ,  Range    , 

,  that  I  have  lost  or  destroyed  the  duplicate  copy  of  Register's  Final 

Certificate   issued   to  me   in  the   above   described  matter,   and   after  diligent 
search  and  inquiry  I  am  unable  to  produce  said  certificate. 


Subscribed  and  sworn  to  before  me  this day  of 

(Official  title.) 


O.  Serial  No 

REQUEST  FOR  PATENT. 

Affidavit  of  present  owner. 

State  of ,  County  of ,  ss.: 

,   being   first    duly   sworn,    on    oath    deposes    and    says:    that 

he  is  the  present  owner  of  the  following  described  land,  to-wit:     (Here  describe 

land.)     That  said  land  is  embraced  in Entry  No ;  that  Register 's 

duplicate  certificate  can  not  be  produced,  and  affiant  respectfully  asks  that 
patent  be  delivered  to  him. 

Subscribed  and  sworn  to  before  me  this day  of ,  19. . 

'  '(Official  title.) 


702 

FOBM  P. 

NOTICE  OF  MORTGAGE. 

Serial  No. 

(Date) 

TO  THE  REGISTER  AND  RECEIVER, 
UNITED  STATES  LAND  OFFICE, 


GENTLEMEN:  You  will  please  take  notice  that ,  who 

made  homestead  entry  No on  the day  of ,  19 

for ,  See ,  T ,  R, , 

did,  on  the day  of 19. . . .,  make  and  execute  a  mortgage 

deed  to  said  land  in  the  sum  of Dollars 

in  favor  of The  said 

mortgage  is  recorded  in  the  office  of  the  Recorder  of  Deeds  for  the  County 
of ,  State  of 

We  respectfully  request  that  due  notice  hereof  be  noted  upon  the  records  in 
your  office,  and  that  the  undersigned  be  notified  of  any  action  on  the  part  of 
the  entryman  or  other  person  acting  in  his  behalf  looking  to  the  cancellation 
of  said  entry,  either  by  relinquishment  or  contest  or  otherwise.  This  notice  is 
intended  to  act  as  and  for  an  objection  by  the  undersigned  to  the  cancellation 
of  said  entry  without  his  having  due  notice,  knowledge,  and  information  thereof, 
and  in  case  the  above  land  is  located  within  a  reclamation  project  under  the  Act 
of  June  17,  1902,  the  undersigned  objects  to  the  cancellation  or  assignment  thereof 
unless  his  written  consent  thereto  be  filed. 


Owner,     of  said  mortgage. 


703 


[4— 072h] 


MOTION  FOE  DEFAULT. 
Department  of  the  Interior, 
United  States  Land  Office. 


Serial  No. 
Contest  No. 


Contest  of Entry  No ,  dated  , 

19..,  for  the Sec ,  Tp ,  E 

Comes  now  the  contestant  in  the  above-entitled  case,  and  moves  that  the 
default  of  the  defendant  be  entered,  no  answer  to  the  charges  set  forth  in 
the  contest  affidavit  having  been  filed. 


By 

His  Attorney. 

Filed,  and  default  entered  of  record  ,  191. . 

Begister. 

Eeceiver. 
Eule  of  Practice  14,  as  amended  July  24,  1912: 

Upon  the  failure  to  serve  and  file  answer  as  provided  by  Eule  13,  the  alle- 
gations of  the  contest  affidavit  will,  on  motion  of  contestant  made  within  20 
days  after  the  date  the  answer  is  required  to  be  filed  and  before  any  answer 
is  filed,  be  taken  as  confessed,  or  in  case  of  failure  of  contestee  to  file  answer 
and  of  contestant  to  file  motion  within  the  time  prescribed,  the  allegation  of 
the  contest  affidavit  may  be  taken  as  confessed  and  judgment  entered  by  the 
Commissioner  of  the  General  Land  Office  without  the  award  of  preference  right 
to  contestant.  Due  service  of  notice,  either  personally  or  by  publication,  as  pro- 
vided by  Eule  8,  must  appear  in  all  such  cases.  At  the  end  of  the  period 
herein  prescribed  the  register  and  receiver  will  forthwith  forward  the  case 
with  recommendation  thereon  to  the  General  Land  Office,  and  notify  the 
parties  by  registered  mail  of  the  action  taken. 


704 

[4—109.] 

APPLICATION  FOR  REPAYMENT. 

Department  of  the  Interior, 

General  Land  Office. 


The  Commissioner  of  the  General  Land  Office: 


Sir:    I  hereby  make  application  for  the  return  of  the  purchase-money  paid 

on Entry,  No ,  for  the  

(Kind.) 

Section  ,  Township  ,  Range  ,  Meridian,  as  per  Re- 
ceiver's Receipt,*  No ,  issued  at ,  dated  ; 

and  on  oath  declare  that  I  have  not  sold,  assigned,  nor  in  any  manner  encum- 
bered, the  title  to  the  land  described,  and  that  the  same  has  not  become  a 
matter  of  record 


(Signature  of  applicant.) 
( Post-office  address. ) 

State  of ,  County  of ,  ss. 

Subscribed  and  sworn  to  before  me  this day  of 


(Official  designation.) 
*  If  the  receipt  has  been  lost  or  destroyed,  so  state. 

The  above  affidavit  may  be  made  before  the  register  or  receiver  or  any 
officer  authorized  to  administer  oaths.  When  made  before  a  justice  of  the 
peace,  a  certificate  of  official  character  is  required. 

Notes. 

1.  Where  the  title  has  become  a  matter  of  record,  the  words  "except  as 
ehown  by  the  accompanying  evidence"  will  be  added  to  the  affidavit. 

2.  Where  the  title  has  become  a  matter  of  record  or  patent  has  issued,  a 
deed  of  relinquishment,  duly  executed   and  recorded,  must  be  filed,  together 
with  a  certificate  of  the  proper  officer  showing  what  appears  upon  his  records 
touching  the  title,  and  that  the  same  is  fully  restored  to  the  United  States. 

3.  If  the  application  is  made  by  an  assignee  or  legal  representative,  it  must 
be  supported  by  satisfactory  proof  of  the  right  of  such  person  to  present  the 
claim. 

4.  The  application,  with  all  the  papers  in  the  case,  may  be  transmitted  to 
the  Commissioner  of  the  General  Land  Office  direct,  or  through  the  register  and 
receiver. 

For  full  information  see  General  Land  Office  Circular  of  January  22,  1901 
(30  L.  D.,  430). 


705 

[Form  Q.] 
ASSIGNMENT. 

United  States  Land  Office, 
Billings,  Mont. 


Know  All  Men  by  These  Presents,   TViat  I,  

of  ,  for  and  in  consideration  of  the  sum  of   

dollars,   in   lawful   money   of  the   United   States   of   America,   to  me  by   said 

paid,  the  receipt  •whereof  is  hereby  acknowledged, 

do  by  these  presents  sell,  assign,  transfer  and  set  over  unto  the  said 

all  my  right,  title,  and  interest  in  and  to  those  certain  lands 

sold  in  pursuance  of  the  President  of  the  United  States  under  date  of  Sep- 
tember 9,  1910,  in  accordance  with  the  Act  of  April  27,  1904,  an  Act  to  ratify 
agreement  with  the  Crow  tribe  of  Indians  (33  U.  S.  Statutes  at  Large,  page 
352),  and  which  said  lands  are  described  in  the  certificate  of  sale  Serial 

No ,  issued    ,  Register  U.   S.   District   Land 

Office,  Billings,  Montana,  on  the , ,  as  follows,  to-wit: 

Together  with  all  and  singular  tenements,  hereditaments,  and  appurtenances 
thereunto  belonging  in  anywise  appertaining,  and  the  reversion  and  reversions, 
remainder  and  remainders,  rents,  issues  and  profits  thereof;  and  also  possession, 
claim  and  demand  whatsoever,  as  well  as  in  law  as  in  equity,  and  to  every 
part  and  parcel  thereof. 

To  have  and  to  hold  the  same  unto  the ,  his  heirs, 

executors,  administrators  and  assigns,  subject  nevertheless  to  the  covenants, 
conditions  and  payments  therein  required  to  be  made,  and  subject  also  to  the 
terms,  conditions  and  payment  hereinafter  to  be  made,  and  in  accordance  with 
the  laws,  proclamation  and  certificate  of  sale,  as  well  as  the  departmental 

regulations  thereunder  and  applicable  thereto,  all  of  which  the  said 

submits  and  agrees  to,  and  with  sueh  full  understanding 

accepts  this  assignment. 

And  I  hereby  fully  authorize  and  empower  the  said  

upon  his  compliance  with  the  terms  and  conditions  of  said  sale,  laws  and 
proclamation  and  departmental  regulations  thereunder,  and  upon  the  full  and 
complete  payment  of  all  money  due  upon  said  land  to  demand  and  receive 
patent  to  the  said  land,  in  the  same  manner,  to  all  events  and  purposes  as 
myself  might  or  could  do,  were  these  presents  not  executed. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this 


Signed,  sealed  and  delivered  in  the  presence  of 


State  of ,  County  of ,  ss. 

On  the day  of ,  191 . . ,  before  me, 

,  Notary  Public  in  and  for  said  county  and  State,  person- 
ally appeared  ,  known  to  me  to  be  the  person  whose 

name  is  subscribed  to  the  within  instrument  and  acknowledged  to  me  that  he 
executed  the  same. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal  the  day  and  year  in  this  certificate  first  above  written. 

(Seal.)  

(Should  be  executed  before  U.  S.  Commissioner  or  Clerk  of  Court  of 
record.) 

Affidavit  of  Assignee. 

State  of ,  County  of ,  ss. 

,  being  first  duly  sworn,  on  oath  deposes  and  says: 

That  he  is  the  identical  person  named  as  assignee  in  the  hereunto  attached 
and  foregoing  assignment;  that  the  bidder  for  said  land,  at  the  sale  of  the 
same,  did  not  purchase  said  land  for  this  affiant,  either  directly  or  indirectly, 
and  that  he  was  not  interested  in  said  land  as  a  purchaser  from  the  Gov- 
ernment, either  directly  or  indirectly,  and  he  hereby  asks  that  he  be  allowed 


706 

to  make  the  annual  payments  when  due  upon  said  land,  in   accordance  with 
the  law  and  regulations  under  which  the  same  was  originally  sold. 

(Seal.)  

Subscribed  and  sworn  to  before  me  this day  of ,  191. . 


(This  affidavit  should  be  executed  before  a  U.  S.  Commissioner  or  Clerk  of 
court  of  record.) 

Note. — This  form  may  be  used  for  transfer  of  lands  sold  for  benefit  of 
Indians  by  making  proper  modifications. 

Land  District. 

Department  of  the  Interior, 

General  Land  Office. 
To  the  Honorable  Commissioner  of  the  General  Land  Office. 

Sir:  I  respectfully  make  application  for  extension  of  time  in  which  to 

establish  residence  on  my  homestead  entry  No for  the , 

Sec ,  T ,  Range  ,  and  for  such  purpose  and  to  that  end  1 

respectfully  represent  that  I  was  prevented  from  establishing  my  residence 
thereon  owing  to  the  following  reasons:  

(Here  state  grounds  for  extension  of  time,  which  must  be  confined  to 
climatic  reasons,  sickness,  or  other  unavoidable  cause.) 


Subscribed  and  sworn  to  before  me  this   day  of 

19. .,  at  my  office  in   


(Official  designation.) 

Note. — If  the  ground  for  extension  is  sickness,  certificate  of  the  attending 
physician  ought  to  be  furnished.  The  application  should  be  corroborated  by  at 
least  one  witness,  and  the  following  form  may  be  used: 

State  of fc.,  County  of ,  ss. 

,  of   ,  and   ,  of 

,  being  duly  sworn  on  oath,  each  for  himself,  and   not  one 

for   the    other,    depose    and    says:     I    am    acquainted    with    the    above    named 

,  who   is  an  applicant  for  extension   of   time   in  which  to 

establish   residence   on  his  homestead;    I  know  the   statements  made   by  him 
to  be  true  of  my  own  knowledge. 


Subscribed  and  sworn  to  "before  me  this day  of 

19 . .,  at  my  office  in 


(Official  designation.) 

[Form  — .] 

DESEKT  ENTRIES. 

Verification  of  map,  plat  or  diagram. 

State  of ,  County  of ,  ss. 

,  being  first  duly  sworn  on  oath,  deposes  and  says: 

that  he  is  the  same  identical  person  who  has  this   day  made   application   to 

make  desert  land  entry  of  the  following  described  lands:   

That  the  hereto  attached  or  foregoing  map,  plat,  or  diagram  correctly  shows 
the  method  to  be  by  him  employed  in  reclaiming  said  land  from  desert  to 
agriculture  in  character. 


Subscribed  and  sworn  to  before  me  this   day  of 

19 . . ,  in  my  office  at 


(Official  designation.) 


70T 


ADDENDA. 

RECLAMATION. 

PATENTS  FOE  HOMESTEAD  ENTRYMEN  PEOVIDED  UPON  FINAL 
PROOF,  AND  PAYMENT  OF  ALL  CHARGES  DUE  TO  DATE— LIEN 
RESERVED  TO  U.  S.— SUITS  IN  DISTRICT  COURTS— FISCAL  AGENTS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  any  home- 
stead entryman  under  the  Act  of  June  seventeenth,  nineteen  hun- 
dred and  two,  known  as  the  reclamation  Act,  including  entrymen 
on  ceded  Indian  lands,  may,  at  any  time  after  having  complied  with 
the  provisions  of  law  applicable  to  such  lands  as  to  residence, 
reclamation  and  cultivation,  submit  proof  of  such  residence, 
reclamation  and  cultivation,  which  proof,  if  found  regular  and  satis- 
factory, shall  entitle  the  entryman  to  a  patent,  and  all  purchasers 
of  water-right  certificates  on  reclamation  projects  shall  be  entitled 
to  a  final  water-right  certificate  upon  proof  of  the  cultivation  and 
reclamation  of  the  land  to  which  certificate  applies,  to  the  extent 
required  by  the  reclamation  Act  for  homestead  entrymen :  Provided, 
That  no  such  patent  or  certificate  shall  issue  until  all  sums  due  the 
United  States  on  account  of  such  land  or  water  right  at  the  time 
of  issuance  of  patent  or  certificate  have  been  paid. 

Sec.  2.  That  every  patent  and  water-right  certificate  issued  under 
this  Act  shall  expressly  reserve  to  the  United  States  a  prior  lien  on 
the  land  patented  or  for  which  water  right  is  certified,  together  with 
all  water  rights  appurtenant  or  belonging  thereto,  superior  to  all 
other  liens,  claims  or  demands  whatsoever  for  the  payment  of  all 
sums  due  or  to  become  due  to  the  United  States  or  its  successors  in 
control  of  the  irrigation  project  in  connection  with  such  lands  and 
water  rights. 

Upon  default  of  payment  of  any  amount  so  due  title  to  the  land 
shall  pass  to  the  United  States  free  of  all  encumbrance,  subject  to 
the  right  of  the  defaulting  debtor  or  any  mortgagee,  lien  holder, 
judgment  debtor,  or  subsequent  purchaser  to  redeem  the  land  within 
one  year  after  the  notice  of  such  default  shall  have  been  given  by 
payment  of  all  moneys  due.  with  eight  per  centum  interest  and  cost. 
And  the  United  States,  at  its  option,  acting  through  the  Secretary 
of  the  Interior,  may  cause  land  to  be  sold  at  any  time  after  such 
failure  to  redeem,  and  from  the  proceeds  of  the  sale  there  shall  be 
paid  into  the  reclamation  fund  all  moneys  due,  with  interest  as 
herein  provided,  and  costs.  The  balance  of  the  proceeds,  if  any, 
shall  be  the  property  of  the  defaulting  debtor  or  his  assignee:  Pro- 
vided, That  in  case  of  sale  after  failure  to  redeem  under  this  sec- 
tion the  United  States  shall  be  authorized  to  bid  in  such  land  at  not 
more  than  the  amount  in  default,  including  interest  and  costs. 

Sec.  3.  That  upon  full  and  final  payment  being  made  of  all 
amounts  due  on  account  of  the  building  and  betterment  charges  to 
the  United  States  or  its  successors  in  control  of  the  project,  the 


United  States  or  its  successors,  as  the  case  may  be,  shall  issue  upon 
request  a  certificate  certifying  that  payment  of  the  building  and 
betterment  charges  in  full  has  been  made  and  that  the  lien  upon  the 
land  has  been  so  far  satisfied  and  is  no  longer  of  any  force  or  effect 
except  the  lien  for  annual  charges  for  operation  and  maintenance: 
Provided,  That  no  person  shall  at  any  one  time  or  in  any  manner, 
except  as  hereinafter  otherwise  provided,  acquire,  own,  or  hold 
irrigable  lands  for  which  entry  or  water  right  application  shall 
have  been  made  under  the  said  reclamation  Act  of  June  seventeenth, 
nineteen  hundred  and  two,  and  Acts  supplementary  thereto  and 
amendatory  thereof,  before  final  payment  in  full  of  all  instalments 
of  building  and  betterment  charges  shall  have  been  made  on  account 
of  such  land  in  excess  of  one  farm  unit  as  fixed  by  the  Secretary  of 
the  Interior  as  the  limit  of  area  per  entry  of  public  land  or  per  single 
ownership  of  private  land  for  which  a  water  right  may  be  purchased 
respectively,  nor  in  any  case  in  excess  of  one  hundred  and  sixty 
acres,  nor  shall  water  be  furnished  under  said  Acts  nor  a  water 
right  sold  or  recognized  for  such  excess;  but  any  such  excess  land 
acquired  at  any  time  in  good  faith  by  descent,  by  will,  or  by  fore- 
closure of  any  lien  may  be  held  for  two  years  and  no  longer  after  its 
acquisition;  and  every  excess  holding  prohibited  as  aforesaid  shall 
be  forfeited  to  the  United  States  by  proceedings  instituted  by  the 
Attorney  General  for  that  purpose  in  any  court  of  competent  juris- 
diction ;  and  this  proviso  shall  be  recited  in  every  patent  and  water- 
right  certificate  issued  by  the  United  States  under  the  provisions 
of  this  Act. 

Sec.  4.  That  the  Secretary  of  the  Interior  is  hereby  authorized  to 
designate  such  bonded  fiscal  agents  or  officers  of  the  Reclamation 
Service  as  he  may  deem  advisable  on  each  reclamation  project,  to 
whom  shall  be  paid  all  sums  due  on  reclamation  entries  or  water 
rights,  and  the  officials  so  designated  shall  keep  a  record  for  the 
information  of  the  public  of  the  sums  paid  and  the  amount  due  at 
any  time  on  account  of  any  entry  made  or  water  right  purchased 
under  the  reclamation  Act ;  and  the  Secretary  of  the  Interior  shall 
make  provision  for  furnishing  copies  of  duly  authenticated  records 
of  entries  upon  payment  of  reasonable  fees,  which  copies  shall  be 
admissible  in  evidence,  as  are  copies  authenticated  under  section 
eight  hundred  and  eighty-eight  of  the  Revised  Statutes. 

Sec.  5.  That  jurisdiction  of  suits  by  the  United  States  for  the 
enforcement  of  the  provisions  of  this  Act  is  hereby  conferred  on  the 
United  States  district  courts  of  the  districts  in  which  the  lands  are 
situated. 

(Public  No.  256,  Approved,  August  9,  1912.) 

RECLAMATION. 

DESERT  LANDS— PATENTS   TO   BE   ISSUED   ENTEYMEN— ACT    OF 
AUGUST  9,  1912,  AMENDED. 

That  any  desert-land  entryman  whose  desert-land  entry  has  been 
embraced  within  the  exterior  limits  of  any  land  withdrawal  or  irri- 
gation project  under  the  Act  of  June  seventeenth,  nineteen  hundred 
and  two,  known  as  the  reclamation  Act,  and  who  may  have  obtained 
a  water  supply  for  the  land  embraced  in  any  such  desert-land  entry 
from  the  reclamation  project  by  the  purchase  of  a  water-right  cer- 


709 

tificate,  may  at  any  time  after  having  complied  with  the  provisions 
of  the  law  applicable  to  such  lands  and  upon  proof  of  the  cultivation 
and  reclamation  of  the  land  to  the  extent  required  by  the  reclama- 
tion Act  for  homestead  entrymen,  submit  proof  of  such  compliance, 
which  proof,  if  found  regular  and  satisfactory,  shall  entitle  the 
entryman  to  a  patent  and  a  final  water-right  certificate  under  the 
same  terms  and  conditions  as  required  of  homestead  entrymen  under 
the  Act  entitled  "An  Act  providing  for  patents  on  reclamation 
entries,  and  for  other  purposes,  approved  August  ninth,  nineteen 
hundred  and  twelve." 

(Part  of  Public  No.  340,  Approved,  August  26,  1912.) 

Scrip. 

(See  "Forest  Lands,"  "National  Parks.") 

State  Lands. 

ARIZONA  ALLOWED  TO  SELECT  2,000  ACRES  WITHIN  FORMER  FT. 
GRANT  MILITARY  RESERVATION  FOR  ITS  CHARITABLE  AND 
PENAL  GRANT. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  all  lands, 
together  with  the  improvements  thereon,  within  that  part  of  the 
former  Fort  Grant  Military  Reservation,  in  the  State  of  Arizona, 
situate  and  being  outside  the  boundaries  of  the  Crook  National 
Forest,  be,  and  the  same  hereby  are,  made  subject  to  selection  by  the 
State  of  Arizona  in  partial  satisfaction  of  the  grant  of  one  hundred 
thousand  acres  made  to  it  for  State  charitable,  penal,  and  reforma- 
tory institutions  by  section  twenty-five  of  the  Act  of  Congress 
approved  June  twentieth,  nineteen  hundred  and  ten  (Thirty-sixth 
Statutes  at  Large,  page  five  hundred  and  fifty-seven) :  Provided, 
That  such  selection  shall  be  made  within  three  years  from  the  date 
of  approval  of  this  Act :  Provided  further,  That  no  more  than  two 
thousand  acres  of  such  lands  shall  be  selected  under  the  provisions 
of  this  Act. 

(Public  No.  263,  Approved,  August  13,  1912.) 

Withdrawals. 

ACT  OF  JUNE  25,  1910,  AMENDED— ONLY  CHANGE:  "METALLIFER- 
OUS" SUBSTITUTED  FOR  "MINERALS  OTHER  THAN  COAL,  OIL, 
GAS,  AND  PHOSPHATES"  — AND  CALIFORNIA  ADDED  TO  SIX 
STATES  IN  WHICH  THERE  SHALL  BE  NO  NEW  FOREST  RESERVES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  section  two 
of  the  Act  of  Congress  approved  June  twenty-fifth,  nineteen  hundred 
and  ten  (Thirty-sixth  Statutes  at  Large,  page  eight  hundred  and 
forty-seven),  be,  and  the  same  hereby  is,  amended  to  read  as  follows: 

"Sec.  2.  That  all  lands  withdrawn  under  the  provisions  of  this 
Act  shall  at  all  times  be  open  to  exploration,  discovery,  occupation, 
and  purchase  under  the  mining  laws  of  the  United  States,  so  far  as 
the  same  apply  to  metalliferous  minerals:  Provided,  That  the  rights 


710 

of  any  person  who,  at  the  date  of  any  order  of  withdrawal  hereto- 
fore or  hereafter  made,  is  a  bona  fide  occupant  or  claimant  of  oil  or 
gas  bearing  lands  and  who,  at  such  date,  is  in  the  diligent  prosecu- 
tion of  work  leading  to  the  discovery  of  oil  or  gas,  shall  not  be 
affected  or  impaired  by  such  order  so  long  as  such  occupant  or 
claimant  shall  continue  in  diligent  prosecution  of  said  work:  Pro- 
vided further,  That  this  Act  shall  not  be  construed  as  a  recognition, 
abridgement,  or  enlargement  of  any  asserted  rights  or  claims 
initiated  upon  any  oil  or  gas  bearing  lands  after  any  withdrawal 
of  such  lands  made  prior  to  June  twenty-fifth,  nineteen  hundred  and 
ten:  And  provided  further,  That  there  shall  be  excepted  from  the 
force  and  effect  of  any  withdrawal  made  under  the  provisions  of 
this  Act  all  lands  which  are,  on  the  date  of  such  withdrawal, 
embraced  in  any  lawful  homestead  or  desert-land  entry  theretofore 
made,  or  upon  which  any  valid  settlement  has  been  made  and  is 
at  said  date  being  maintained  and  perfected  pursuant  to  law;  but 
the  terms  of  this  proviso  shall  not  continue  to  apply  to  any  par- 
ticular tract  of  land  unless  the  entryman  or  settler  shall  continue  to 
comply  with  the  law  under  which  the  entry  or  settlement  was  made : 
And  provided  further,  That  hereafter  no  forest  reserve  shall  be 
created,  nor  shall  any  additions  be  made  to  one  heretofore  created, 
within  the  limits  of  the  States  of  California,  Oregon,  Washington, 
Idaho,  Montana,  Colorado,  or  Wyoming,  except  by  Act  of  Congress." 
(Public  No.  316,  Approved,  August  24,  1912.) 

[Public— No.  316.] 

[S.  5679.] 

An  Act  to  amend  section  two  of  an  Act  to  authorize  the  President  of  the 
United  States  to  make  withdrawals  of  public  lands  in  certain  cases,  approved 
June  twenty-fifth,  nineteen  hundred  and  ten. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  section  two 
of  the  Act  of  Congress  approved  June  twenty-fifth,  nineteen  hun- 
dred and  ten  (Thirty-sixth  Statutes  at  Large,  page  eight  hundred 
and  forty-seven),  be,  and  the  same  hereby  is,  amended  to  read  as 
follows : 

"Sec.  2.  That  all  lands  withdrawn  under  the  provisions  of  this 
Act  shall  at  all  times  be  open  to  exploration,  discovery,  occupation, 
and  purchase  under  the  mining  laws  of  the  United  States,  so  far  as 
the  same  apply  to  metalliferous  minerals :  Provided,  That  the  rights 
of  any  person  who,  at  the  date  of  any  order  of  withdrawal  hereto- 
fore or  hereafter  made,  is  $  bona  fide  occupant  or  claimant  of  oil  or 
gas  bearing  lands  and  who,  at  such  date,  is  in  the  diligent  prosecu- 
tion of  work  leading  to  the  discovery  of  oil  or  gas,  shall  not  be 
affected  or  impaired  by  such  order  so  long  as  such  occupant  or 
claimant  shall  continue  in  diligent  prosecution  of  said  work:  Pro- 
vided further,  That  this  Act  shall  not  be  construed  as  a  recognition, 
abridgment,  or  enlargement  of  any  asserted  rights  or  claims 
initiated  upon  any  oil  or  gas  bearing  lands  after  any  withdrawal  of 
such  lands  made  prior  to  June  twenty-fifth,  nineteen  hundred  and 
ten :  And  provided  further,  That  there  shall  be  excepted  from  the 
force  and  effect  of  any  withdrawal  made  under  the  provisions  of 


711 

this  Act  all  lands  which  are,  on  the  date  of  such  withdrawal, 
embraced  in  any  lawful  homestead  or  desert-land  entry  theretofore 
made,  or  upon  which  any  valid  settlement  has  been  made  and  is  at 
said  date  being  maintained  and  perfected  pursuant  to  law;  but  the 
terms  of  this  proviso  shall  not  continue  to  apply  to  any  particular 
tract  of  land  unless  the  entryman  or  settler  shall  continue  to  com- 
ply with  the  law  under  which  the  entry  or  settlement  was  made: 
And  provided  further,  That  hereafter  no  forest  reserve  shall  be 
created,  nor  shall  any  additions  be  made  to  one  heretofore  created, 
within  the  limits  of  the  States  of  California,  Oregon,  Washington, 
Idaho,  Montana,  Colorado,  or  Wyoming,  except  by  Act  of  Congress." 
Approved,  August  24,  1912. 

NATIONAL  PARKS. 

ACQUIREMENTS  OP  PATENTED  LANDS  IN  YOSEMITE— SCRIP  PRO- 
VIDED FOR. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  Secretary 
of  the  Interior  for  the  purpose  of  eliminating  private  holdings 
within  the  Yosemite  National  Park  and  the  preservation  intact  of 
the  natural  timber  along  the  roads  in  the  scenic  portions  of  the  park, 
both  on  patented  and  park  lands,  is  hereby  empowered,  in  his  dis- 
cretion, to  obtain  for  the  United  States  the  complete  title  to  any  or 
all  of  the  lands  held  in  private  ownership  within  the  boundaries  of 
said  park,  by  the  exchange  of  decayed  or  matured  timber,  that  can 
be  removed  from  such  parts  of  the  park  as  will  not  affect  the  scenic 
beauty  thereof,  for  lands  of  equal  value  held  in  private  ownership 
therein,  and  also,  in  his  discretion,  to  exchange  for  timber  standing 
near  the  public  roads  on  patented  lands  timber  of  equal  value  on 
park  lands  in  other  parts  of  the  park. 

JSec.  2.  That  the  value  of  patented  lands  within  the  park  offered 
in  exchange,  and  the  value  of  the  timber  on  park  lands  proposed  to 
be  given  in  exchange  for  such  patented  lands,  shall  be  ascertained 
in  such  manner  as  the  Secretary  of  the  Interior  may,  in  his  dis- 
cretion, direct,  and  all  expenses  incident  to  ascertaining  such  values 
shall  be  paid  by  the  owners  of  said  patented  lands,  and  such  owners 
shall,  before  any  exchange  is  effective,  furnish  the  Secretary  of 
the  Interior  evidence  satisfactory  to  him  of  title  to  the  patented 
lands  offered  in  exchange,  and  if  the  value  of  the  timber  on  park 
lands  exceeds  the  value  of  the  patented  lands  deeded  to  the  Govern- 
ment in  the  exchange  such  excess,  shall  be  paid  to  the  Secretary  of 
the  Interior  by  the  owners  of  the  patented  lands  before  any  of  the 
timber  is  removed  from  the  park,  and  shall  be  deposited  and  cov- 
ered into  the  Treasury  as  miscellaneous  receipts.  The  same  course 
shall  be  pursued  in  relation  to  exchange  for  timber  standing  near 
public  roads  on  patented  lands  for  timber  to  be  exchanged  on  park 
lands :  Provided,  That  the  lands  conveyed  to  the  Government  under 
this  Act  shall  become  a  part  of  the  Yosemite  National  Park. 

Sec.  3.  That  all  timber  must  be  cut  and  removed  from  the  park 
under  regulations  to  be  prescribed  by  the  Secretary  of  the  Interior, 
and  any  damage  which  may  result  to  the  roads  or  any  part  of  the 
park  in  consequence  of  the  cutting  and  removal  of  the  timber  from 


712 

the  reservation  shall  be  borne  by  the  owners  of  the  patented  lands, 
and  bond  satisfactory  to  the  Secretary  of  the  Interior  must  be  given 
for  the  payment  of  such  damages,  if  any,  as  shall  be  determined  by 
the  Secretary  of  the  Interior. 

Sec.  4.  That  the  Secretary  of  the  Interior  may  also  sell  and 
permit  the  removal  of  such  matured  or  dead  or  down  timber  as  he 
may  deem  necessary  or  advisable  for  the  protection  or  improvement 
of  the  park,  and  the  proceeds  derived  therefrom  shall  be  deposited 
and  covered  into  the  Treasury  as  miscellaneous  receipts. 

(Public  No.  117,  Approved,  April  9,  1912.) 

AGRICULTURAL   ENTRIES. 

ON  OIL  AND  GAS  LANDS  IN  UTAH— HOMESTEADS,  DESEETS,  ISO- 
LATED TRACTS,  CAREY  ACT  SELECTIONS— MINERAL  RESERVED 
TO  U.  S. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  from  and 
after  the  passage  of  this  Act  unreserved  public  lands  of  the  United 
States  in  the  State  of  Utah,  which  have  been  withdrawn  or  classified 
as  oil  lands,  or  are  valuable  for  oil,  shall  be  subject  to  appropriate 
entry  under  the  homestead  laws  by  actual  settlers  only,  the  desert- 
land  law,  to  selection  by  the  State  of  Utah  under  grants  made  by 
Congress  and  under  section  four  of  the  Act  approved  August 
eighteenth,  eighteen  hundred  and  ninety-four,  known  as  the  Carey 
Act,  and  to  withdrawal  under  the  Act  approved  June  seventeenth, 
nineteen  hundred  and  two,  known  as  the  reclamation  Act,  and  to 
disposition  in  the  discretion  of  the  Secretary  of  the  Interior  under 
the  law  providing  for  the  sale  of  isolated  or  disconnected  tracts  of 
public  lands,  whenever  such  entry,  selection,  or  withdrawal  shall  be 
made  with  a  view  of  obtaining  or  passing  title,  with  a  reservation  to 
the  United  States  of  the  oil  and  gas  in  such  lands  and  of  the  right 
to  prospect  for,  mine,  and  remove  the  same.  But  no  desert  entry 
made  under  the  provisions  of  this  Act  shall  contain  more  than  one 
hundred  and  sixty  acres:  Provided,  That  those  who  have  initiated 
nonmineral  entries,  selections,  or  locations  in  good  faith,  prior  to  the 
passage  of  this  Act,  on  lands  withdrawn  or  classified  as  oil  lands, 
may  perfect  the  same  under  the  provisions  of  the  laws  under  which 
said  entries  were  made,  but  shall  receive  the  limited  patent  pro- 
vided for  in  this  Act. 

Sec.  2.  That  any  person  desiring  to  make  entry  under  the  home- 
stead laws  or  the  desert-land  law,  and  the  State  of  Utah  desiring  to 
make  selection  under  section  four  of  the  Act  of  August  eighteenth, 
eighteen  hundred  and  ninety-four,  known  as  the  Carey  Act,  or  under 
grants  made  by  Congress,  and  the  Secretary  of  the  Interior  in  with- 
drawing under  the  reclamation  Act  lands  classified  as  oil  lands,  or 
valuable  for  oil,  with  a  view  of  securing  or  passing  title  to  the  same 
in  accordance  with  the  provisions  of  said  Acts,  shall  state  in  the 
application  for  entry,  selection,  or  notice  of  withdrawal  that  the 
same  is  made  in  accordance  with  and  subject  to  the  provisions  and 
reservations  of  this  Act. 

Sec.  3.  That  upon  satisfactory  proof  of  full  compliance  with  the 
provisions  of  the  laws  under  which  entry  is  made  and  of  this  Act 


713 

the  entryman  shall  be  entitled  to  a  patent  to  the  land  entered  by 
him,  which  patent  shall  contain  a  reservation  to  the  United  States 
of  all  the  oil  and  gas  in  the  lands  so  patented,  together  with  the 
right  to  prospect  for,  mine,  and  remove  the  same  upon  rendering 
compensation  to  the  patentee  for  all  damages  that  may  be  caused  by 
prospecting  for  and  removing  such  oil  or  gas.  The  reserved  oil  and 
gas  deposits  in  such  lands  shall  be  disposed  of  only  as  shall  be  here- 
after expressly  directed  by  law. 

(Public  No.  314,  Approved.  August  24,  1912.) 

FOREST  LANDS. 

TIMBER,  MATURE,  DEAD  AND  DOWN,   TO  BE  SOLD  HOMESTEADEES 
AND  FARMERS  AT  ACTUAL  COST. 

That  the  Secretary  of  Agriculture,  under  such  rules  and  regula- 
tions as  he  shall  establish,  is  hereby  authorized  and  directed  to  sell 
at  actual  cost,  to  homestead  settlers  and  farmers,  for  their  domestic 
use,  the  mature,  dead,  and  down  timber  in  national  forests,  but  it  is 
not  the  intent  of  this  provision  to  restrict  the  authority  of  the  Sec- 
retary of  Agriculture  to  permit  the  free  use  of  timber  as  provided 
in  the  Act  of  June  fourth,  eighteen  hundred  and  ninety-seven. 

(Part  of  Public  No.  261,  Agricultural  Appropriation  Act, 
Approved,  August  10,  1912.) 

HOMESTEADS. 

SETTLERS  ON  ENLARGED  HOMESTEADS  GIVEN  PREFERENCE  RIGHTS 

—MUST  ENTER  WITHIN  THREE  MONTHS— ACT  OF  MAY 

14,  1880,  AMENDED. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  section  three 
of  the  Act  of  Congress  approved  May  fourteenth,  eighteen  hundred 
and  eighty  (Twenty-first  Statutes  at  Large,  page  one  hundred  and 
forty),  be,  and  the  same  is  hereby,  amended  by  adding  thereto  the 
following : 

Provided,  That  any  settler  upon  lands  designated  by  the  Secretary 
of  the  Interior  as  subject  to  the  provisions  of  sections  one  to  five  of 
the  enlarged  homestead  Acts  of  February  nineteenth,  nineteen  hun- 
dred and  nine  (Thirty-fifth  Statutes  at  Large,  page  six  hundred  and 
thirty-nine),  and  June  seventeenth,  nineteen  hundred  and  ten 
(Thirty-sixth  Statutes  at  Large,  page  five  hundred  and  thirty-one), 
shall  be  entitled  to  the  preference  right  of  entry  accorded  by  this 
section,  provided  he  shall  have  plainly  marked  the  exterior  bounda- 
ries of  the  lands  claimed  as  his  homestead :  And  provided  further, 
That  after  the  designation  by  the  Secretary  of  the  Interior  of  public 
lands  for  entry  under  the  nonresidence  provisions  of  the  enlarged 
homestead  Acts  of  February  nineteenth,  nineteen  hundred  and  nine, 
and  June  seventeenth,  nineteen  hundred  and  ten,  any  person  who 
shall  have  plainly  marked  the  exterior  boundaries  of  the  lands 
claimed  under  said  provisions  of  law  and  made  valuable  improve- 
ments thereon  shall  have  a  preference  right  to  enter  the  lands  so 
claimed  and  improved  at  any  time  within  three  months  after  the 
date  on  which  such  lands  become  subject  to  entry;  but  such  right 


714 

shall  forfeit  unless  the  settler  or  claimant  under  the  provisions  of 
the  enlarged  homestead  Acts  shall  annually  cultivate  and  improve 
the  lands  in  the  form  and  manner  and  to  the  extent  therein  required 
following  date  of  initiation  of  his  claim  hereunder. 
(Public  No.  258,  Approved,  August  9,  1912.) 

HOMESTEADS. 

THREE-YEAR  LAW  AMENDED— FAILURE  TO  GIVE  NOTICE  OF  ELEC- 
TION SHALL  NOT  PREJUDICE  RIGHTS. 

That  the  failure  of  a  homestead  entryman  to  give  notice  of  elec- 
tion of  making  his  proof  as  required  by  the  Act  of  June  sixth,  nine- 
teen hundred  and  twelve,  being  an  Act  to  amend  sections  two  hun- 
dred and  ninety-one  and  two  hundred  and  ninety-seven  of  the 
Kevised  Statutes  of  the  United  States,  relating  to  homesteads,  shall 
not  in  anywise  prejudice  his  rights  to  proceed  in  accordance  with 
the  law  under  which  such  entry  was  made. 

(Part  of  Public  No.  302,  Approved,  August  24?  1912.) 

[Circular  No.  176.] 
THREE-YEAR  HOMESTEAD  LAW— ELECTION. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  October  1,  1912. 
Registers  and  Receivers, 

United  States  Land  Offices. 

Sirs :  Your  attention  is  directed  to  the  following  provision  in  the 
act  approved  August  24,  1912  (Public,  No.  302),  making  appropria- 
tion for  sundry  civil  expenses  of  the  Government  for  the  fiscal  year 
ending  June  30,  1913 : 

That  the  failure  of  a  homestead  entryman  to  give  notice  of  elec- 
tion of  making  his  proof  as  required  by  the  act  of  June  sixth,  nine- 
teen hundred  and  twelve,  being  an  act  to  amend  sections  twenty- 
two  hundred  and  ninety-one  (2291)  and  twenty-two  hundred  and 
ninety-seven  (2297)  of  the  Revised  Statutes  of  the  United  States 
relating  to  homesteads,  shall  not  in  anywise  prejudice  his  rights 
to  proceed  in  accordance  with  the  law  under  which  such  entry  was 
made. 

In  view  of  the  foregoing,  paragraph  22,  circular  No.  142,  of 
July  35,  1912,  is  no  longer  in  force. 

In  this  connection  you  will  observe  the  following  provision  of 
paragraphs  18  and  19  of  said  circular: 

By  the  section  I  am  authorized,  under  rules  and  regulations  to  be 
prescribed  by  me,  to  reduce  the  required  area  of  cultivation.  Acting 
thereunder,  I  have  prescribed  the  following  rule  to  govern  action  on 
proof  where  the  homestead  entry  was  made  prior  to  June  6,  1912, 
but  through  failure  of  election  must  be  adjudicated  under  the  new 
law. 

Respecting  cultivation  necessary  to  be  shown  upon  such  an  entry, 
in  all  cases  where,  upon  considering  the  whole  record,  the  good 
faith  of  the  entryman  appears,  the  proof  will  be  acceptable  if  it 


715 

shows  cultivation  of  at  least  one-sixteenth  for  one  year  and  of  at 
last  one-eighth  for  the  next  year  and  each  succeeding  year  until 
final  proof,  without  regard  to  the  particular  year  of  the  homestead 
period  in  which  the  cultivation  of  the  one-sixteenth  was  performed. 
The  new  law  also  requires  that  the  proof  shall  be  made  within  five 
years  from  date  of  entry,  and  if  the  entry  is  to  be  administered 
under  that  law  the  department  is  not  authorized  to  extend  the  period 
within  which  proof  may  be  made,  but  when  submitted  after  that 
time,  in  the  absence  of  adverse  claims,  the  entry  may  be  submitted 
to  the  board  of  equitable  adjudication  for  confirmation. 

Very  respectfully, 

S.  V.  PROUDFIT, 
Assistant  Commissioner. 
Approved : 

SAMUEL  ADAMS, 

First  Assistant  Secretary. 


716 


Township  No. 


TOWNSHIP   PLAT. 

[4—590.] 

Ran°:e  Xo. 


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INDEX. 

Abandonment  (see  Contest).  Page 

Absence,  leave  of 26  to  31 

Official  employment  30 

Judicial   restraint    162 

Accretions    31  to  32 

Acreage    303 

Act  to  repeal  timber  culture  law  and  for  other  purposes 389,  390 

Acts  of  Congress  cited  and  construed 32  to  74 

Acts  not  included  in  table  of  acts  cited  and  construed 74 

Additional  Entries:     (See  Enlarged  Homestead.     See  Homestead  Entries.) 

Additional   entries,   when   may   be    made 205  to  207 

Additional  entries,  Idaho 205 

Designation  and  classification 206 

Compactness,  fee   207 

Form   207 

Validation  of  entries 207 

Final  proof,  commutation  not  allowed 208 

Eight  to  make  entry 208 

Constructive    residence,    certain    lands 208 

Act  June  17,  1910 209 

Additional  homestead    197  to  207 

Adjoining  homestead 171 

Adjudication 291 

Adjudication,  board  of,  and  rule 291 

Adjustment    of    railroad    grants 592 

Administrator    146,  538 

Advancement  of  cases 74 

Adverse  claim    (see  Mines  and  Mining) 375  to  435 

Agricultural  entries  on  coal  lands 312  to  319 

Agricultural   entries   within   national   forests 450 

Agricultural  Entries.     (See  Homestead,  Desert,  Isolated  Tracts,  and  Forest 
Lands.) 

Circular   and   Instructions   No.   79 312 

Land  to  which  act  applies 312 

Classes  of  entries 312 

Hearing   to   determine 314,  315 

Notice  to  chief  field  division 314,  315 

Application,    certificate    and    patent 316 

Bond,  form   of 317 

Act  June   22,   1910 318 

Alien   76 

Widows  and  heirs  of 76 

Naturalization     76 

Aliens  may  acquire  town  lots  in  territories 223 

Alienation    (see    mortgage) 447B 

See  forms 

Amendments.     General!  v   76  to  81 

Sec.  2372  E.  S ". 77 

Grounds    for 77  to  79 

Form   80 

Annual   proof    276 

Answer   510 

Form  of    

Appeal 516 

See  rules  of  practice 507 

See  specifications  of  error 

717 


718 

Page 

Appearance    (see   rules    of   practice) f07 

Applications    82 

Priority  of 83 

Possession    84 

Simultaneous  83 

Unsurveyed  lands 85 

Islands    86 

Survey,  settlements  before ; 83 

Appraisement    timber   and    stone   land 583 

Approximation,  rule   of 74,  75 

Arid  lands   465  to  468 

Arkansas,  pipe  lands    112 

Assignments:    Generally    86 

Coal  lands  187 

Crow  lands    

Who  recognized   86 

Town  lots 86 

Homestead  within  reclamation  project 87 

Water  rights  (see  reclamation) 87 

(See  Desert  Entries.) 

Forms    

Assignments    (See   Reclamation   Lands.    See    Crow    Lands.    See    Scrip.   See 

Desert   Lands.   See    Water   Eights) 274 

Assigns   538 

Attorney,  admission  to  practice 523 

See  rules  of  practice 

Bounty    land    warrants 559 

Building  stone    593 

(See  Timber  and  Stone.)  N 

Canals  and  ditches 90 

Cancellations  (see  relinquishments) 487  to  543 

Cary  Act: 

Supplemental  regulation  ( 

Extension  of  time  j   263  to  266 

General  laws  and  regulations     ( 

Additional  lands   in   Nevada 265 

Additional  lands  in  Wyoming 266 

Additional  lands   in   California 288 

Cemeteries,  parks  and  townsites 241 

Circulars,  regulations  and  instructions,  table   of ' 117  to  137 

CIRCULARS  IDENTIFIED  BY  NUMBER. 

No.   5 Ill 

No.  10 326 

No.  24 463 

No.  42 2 

No.  47 260 

No.  48 167 

No.  50 565 

No.  54 30 

No.  68 413 

No.  71 353 

No.  79 319 

No.  80 

No.  81 

No.  94 205 

No.  99 204 

No.  102 468 

No.  103 358 

No.  108 • 

No.  110 505 

No.  116 29'0 

No.  117 360 

No.  125 303 

No.  127 326 

No.  128 610 

No.  137. 506 


719 

Circulars — Continued.  Page 

No.  141 546 

No.  142 304 

No.  157 352 

Citizenship    7t5,  418 

Claims  (private)    170 

Climatic    hindrances 591 

Coal  lands 172  to  196 

In  Alaska 179 

Coal  lands   (surface  rights) 312 

Coal  lands  selected  by  states 610 

Colorado,  validation  of  entries 289,  290,  597 

Extension  of  time  in  desert  entries 289 

Oil  and  pipe  lines 100 

Commissioner  of  General  Land  Office 594 

(See   U.   S.   Commissioner) 166  to  170 

Commutation  proof 337  to  163 

Confirmation,  certain  cases 595 

Under  Act  March  3,  1891 596 

See  Validation  of  Entries 207 

Contestant   163 

(See  Kules  of  Practice.) 

Contests   163  to  165 

(See  Rules  of  Practice.) 
(See  Desert  Lands.) 
(See  Reclamation  Lands.) 

Notices  169 

Continuance   (see  rules  of  practice) 511 

Contract  See  Reclamation  Lands   (See  Water  Rights). 

Corner  stone,  penalty  for  destroying 348 

Lost   and    obliterated,   how   restored 364  to  375 

Costs   (see  rules  of  practice). 

Crow    lands     598 

Cultivation    334 

Death    of    entryman 309 

Decisions,  table  of  overruled  and  modified  cases 600 

Declaratory  statements   56 

Desert   lands,    entries,   profits,  etc 269  to  297,  608 

Desert   land,   election   by  states   and  territories 251  to  265 

(See  Gary  Act  land.) 

Deserted  wife   266 

Desposition  (see  rules  of  practice)   (see  index  to  forms) 512 

Devisee    333 

Diligence.     See  rules  of  practice;  ditches,  right  of  way  for 89 

Divorce     267 

Enlarged    Homestead:      Generally 

Instructions    under    act 195 

Kind  of  land  subject  to 196 

Designation  and  classification 196 

Compactness,    fee 197 

Form    of    application 197 

Additional    entries    197 

Additional  entries  (see  Additional  Entries). 

Final  proof,   original   and   additional   entries 198 

Right   of   entry 198 

Utah,    constructive    residence 199 

Sec.   6,   residence 199  to  209 

Proof,    before    whom    made 199 

Act  February  19,  1909  (35  Stat.,  639) 200 

Form    of    application 200 

Form  application,  additional   entry 202 

Settlement    rights,    additional    entries,    instructions 204 

Entries  Within   National   Forests:      Generally 450  to  464 

Circular    and    instructions 450 

Survey    451 

-Act  May  30,  1908 455 


720 

Entries — Continued.  Page 

Opening   of   land 456 

Conflicting    entries    457 

Mineral    or    agricultural    claims 457 

Circular  January   10,   1911 457 

(See  Homesteads,  Surveyed  and  Unsurveyed). 
(See  Mineral  Entries). 

Enlarged   homesteads    196  to  351 

Entry     141  to  273 

Within    national    forest 440 

Equitable    adjudication     291 

Equitable   homestead    320 

Equity    291 

Evidence    (see   rules   of   practice) 507 

Execution,  homestead  not  subject  to  for  debt  contracted  prior  to  patent.. 

Extension    of    time 265  to  290 

Fees  and  Commissions:     Generally 297  to  303 

Declaratory    statement 297  to  300 

Donations,  claims 298 

Fees,  cancellation 299,  300,  302 

Homestead,    original 297  to  300 

Homestead,   commissions    (final) 303 

Homesteads    (final) 297  to  300 

Mineral  application  and  adverse  claim 297 

Military  bounty  land  warrants 298  to  300 

Mineral  application 300 

Porterfield   warrants 298  to  301 

Plats  and  diagrams 219  to  302 

Eailroad  and   other  selections 298  to  301 

Keducing   testimony   to    writing 299,  301,  302 

Eecord  information 299  to  302 

State    selections 298  to  301 

Scrip,  Agricultural  College 298  to  301 

Scrip  (Valentine)  298  to  301 

Scrip,    supreme   court 298  to  301 

Scrip,  soldiers  additional  right 297  to  300 

(Same  as  Homesteads). 

Timber  and  Stone 297  to  300 

Timber  culture  298 

Transcript  of  record 299  to  302 

Testimony,  copies  of 303 

Final  proof    137  to  163,  251, 488 

Florida 553 

Forest  reservations,  agricultural  and  mineral  entries  in 450 

Gas  Land 458 

Guardian.     (See  Circular  No.  10.     See  Commutation  and  Final  Proof.     See 

Widows  and  Heirs.     See  Minor  Heirs) 

Hearings 423 

(See  Eules  of  Practice). 

Heirs  and  widows 333 

HOMESTEADS. 

Homesteads:  Suggestions  to  persons  making 326 

Final  proof 137 

Enlarged,  or  320  acres  (see  Enlarged  Homestead) 338 

Additional,  enlarged 351 

Additional,  Act  April  28,  1904 351 

Adjoining 339 

Adjoining  farm 171 

Additional,  Act  March,  1889 346 

Second,  Act  February  3,  1911 348 

Second,   equitable  rule 320,  321 

Enlarged  Utah 338,  608 

Enlarged,  Idaho 338 

Three-Year  Homestead  Law 303  to  311 

Eeclamation  Project 468 

Limit  of  acreage 303,  344 


721 

Homesteads — Continued.  Page 

(See  Rule  of  Approximation.) 

(See  Forest  lands,  see  Agricultural  entries  within  National  Forests.) 
Settlers,  see  unsurveyed  lands,  Settlements,  see  widows  and  heirs. 

Validation   of  entries 207 

Idaho.     (See  Enlarged  homestead,  see  Carey  Act  Lands.) 
Improvements.     (See  Commutation  and  Final  proof.) 

(See  Three-Year  Homestead  Law.) 
Indians: 

Crow 598 

Sioux    

Uintah.    (See  Table  of  Circulars  and  Instructions  under  name  of  tribe.) 
(See  Assignments.) 

Use  of  ceded  lands 605 

Assignments  of  lands  sold  for  benefit  of 605 

Vacant  lands  of 605 

Insanity    76,  353 

Instructions  and  circulars,  table  of 117 

Intention  to  make  proof 139 

Notice  of   139 

Important  information   139 

(See    final    proof,     commutation,     homesteads,     suggestions    to    home- 
steaders.) 

Island 86 

Application  for  survey  of.     (See  form) 86 

Settlement  on.     (See  settlements  on  unsurveyed  land) 86 

Isolated  Tract :    Generally 353 

Nebraska    353 

(See  Coal  land) 170 

(See  Land  classified  as  coal) 360 

Grazing  or  mountainous  lands 353 

Sec.  2455,  Revised  Statutes 138 

Amendment  to  same 353,  358 

Judgment  89 

Homestead  not  subject  to  when 89 

Judicial  restraint 162 

Kinkaid  Law  (Nebraska) 360 

(See  Isolated  tracts) 353 

Land  decisions,  Table  of  overruled  and  modified  cases 600 

Land  Department 594,  595 

(See  Secretary  of  the  Interior.) 

(See  Commissioner  General  Land  Office.) 

Land  offices,  List  of 325 

Lands,  vacant   « 2  to    35 

Leave  of  absence 26 

Lieu  selection   553 

Lode  claim.     (See  Mining) 375, 410 

Penalty  for  destroying 348 

Louisiana    553 

Marriage 266-269 

Married  women  266  to  269,  348 

Mill  site   418 

Mineral  claims  within  National  Forests 425 

Mineral  lands,  mines  and  mining,  regulations  and  digest 375  to  435 

Mineral  claims   436 

(See  Index  forms) 

Mining  laws 375  to  435 

Minnesota,   Swamp   land.      (See    Table   circulars,    regulations    and    instruc- 
tions)       117 

Minor  heirs.     (See  Widows  and  heirs) 333 

Sale  of  lands  for  benefit  of 586 

(See  Index  forms.) 

Miscellaneous 608  to  611 

Money,  what  accepted  at  land  office 167 

Mortgage,  Generally   447B  to  450 

Reclamation  lands  .  465 


722 

Mortgage — Continued.  Page 

Act  August,  1912,  reclamation  lands.    Not  absolute  alienation 448 

For  what  purposes  may  be  made 448 

Confirmation    449 

Notice  of  mortgage 449 

Eights  of,  and  notice  of  proceedings,  or  other  action  to  the  mort- 
gagee    449,  450 

Naturalization   76 

National  forests,  entries  within 440,  450 

Nebraska,  failure  of  title,  reembursement 591 

(See  Kinkaid  Law.) 
(See  Isolated  tracts.) 

New  Orleans  Eailroad 595 

Newspapers,  publications  of  legal  notices,  etc.,  etc 150 

Northern  Pacific,  adjustment  of  claims  with  settlers 171 

Occupancy,  unlawful ' 597 

Officeholders,  absence  from  land 30,  349 

Oil  lands 458 

(See  oil,  gas  and  petroleum.) 

Oil,  gas,  petroleum:     Generally 458  to  462 

Assessment 458 

Withdrawals  and  exploration 459 

Act  Feb.  11,  1897 458 

Act  June  25,  1910 459  to  464 

Act  March  2,  1911 460,  461 

Location  notices 461 

Discovery    461,  463 

Improvements    462 

Maximum  quantity,  several  persons 462 

Owner  of  placer 462 

Form  notice.     (See  Index  to  forms.) 

Location  made  prior  to  March  2,  1911 463 

Withdrawals    464 

Patents 464 

(See  Mines  and  mining  regulations.) 

Act  March  2,  1911  (36  Stat.,  1015) 459 

Order  advancing  cases 

Parks  and  Cemeteries 210 

Patent  595 

Pavment,  repayment 535 

Perjury,  penalty  for 146,  621,  638,  639,  679,  681,  687 

Petroleum.     (See  oil,  gas  and  petroleum) 458 

Pipe  lines,  Arkansas 112 

Placer  claims    375,  408,  416 

(See  Mines  and  mining.) 

Plat   299 

Possession   440 

Possessory  right   419 

Power  transmission  lines Ill 

Power  sites.     (See  Table  circulars,  regulations  and  instructions) 117  to  137 

Practice,  rules  of 507 

Preference  right 163 

On  relinquishment  544 

(See  Contest,  see  Rules  of  Practice,  See  Deserted  Wives,  see  Applica- 
tions, Settlements.) 

Private  claim   1^2 

Indemnity  scrip   557 

Protest.     (See  Rules  of  practice.) 

Publication  of  final  proofs:    Generally 150  to  160 

Nearest  to  the  land 151 

Protest 151 

Designation  of  paper  by  register ._. . .   151 

Laws  and  regulations 154  to  160 

Desert  lands    155 

Timber  and  stone 156 

States  and  Territories 157 


723 

Publication — Continued.  Page 

Mineral  lands   158 

Coal  lands    158 

Digest  of  decisions 160 

Public  sale 228,  547 

Qualifications.     (See  Suggestions  to  homesteaders) 326 

Railroad  grant,  New  Orleans  Pacific 595 

Eailroad  lands,  adjustment  of  claims 592 

Railroads,  forfeiture   

Reclamation  lands  465 

Records    595 

Rehearing.     (See  Rules  of  practice) 519 

Reinstatement.     (See  Reclamation  lands) 465 

Relinquishment   • 349,  543 

Relinquishments:    Generally   543  to  546 

Contestant 's  preference  right 544 

Conditional   545 

By  Indians   546 

Possession  not  defeated  by 

Parts  of  farm  units,  reclamation  projects 545 

Repayment  535 

Repayments:    Generally  535  to  541 

Circular  July  23,  1910 535 

Application    536 

Act  June  16,  1880  (21  Stat.,  287) 5 

Fees,  commissions,  and  excesses 537 

Double  minimum  excess 537 

Purchase  money  538 

Heirs,  executors,  administrators,  and  assigns 538 

Definition  of  ' '  erroneously  allowed  " 539 

Act  March  26,  1908 539, 540 

Credits  for  payments 541 

Digest  of  decisions 541 

Reservoir  lands.     (See  Canals  and  ditches,  etc.,  etc.) 

Residence 268,  305 

(See  Commutation  proof,  see  Final  proof,  see  Deserted  wife,  see  Judi- 
cial restraint,  see  Official  employment.) 

Revised  Statutes,  recited  and  construed,  table  of 527 

Right  of  way.     (See  Canals,  ditches,  etc.) 

Rule  of  approximation 74 

Rules  of  practice 507 

(See  Miscellaneous  matter) 608  to  612 

Sale  or  disposal  of  public  lands 547 

(See  Isolated  tract,  see  Timber  and  stone.) 

Saline  lands  and  salt  springs 551 

Saline  lands 551 

Character  of  lands 551,  552 

Act  June  12,  1877 553 

Salt  springs 553 

Digest  of  decisions 553 

School  lands' 86 

Scrip   553 

(See  Bounty  land  warrants,  see  Indemnity  lands,  private.) 

Second  homestead   ^ 320 

Secretary  of  the  Interior 594 

Settlement,  restored  lands 590 

Settlement    82  to  86, 544 

Settlement,  school  lands 86 

Settlement,  priority  of 83 

Settlement  on  unsurveyed  land 85 

Settlers    83  to  85 

Railroad  grants 590 

Simultaneous  applications   T 83 

Soldier 's  additional  homestead .i.->:i 

Soldier 's  homestead  559 

Special  agents.     (See  Table  of  circulars,  Regulations  of  instructions) 523 


724 

Page 

Specifications.    (See  Index  of  forms) 701 

States  and  Territories.     (See  Carey  Act) 

Statutes,  cited  and  construed.     (See  Table  of) 527 

Stone  land  593 

(See  Timber  and  stone) 565 

Suggestions  to  homesteaders 326 

Suggestions,  important  608  to  612 

Suggestions  to  U.  S.  commissioners 166  to  170 

Supervisory  power 550 

Supervisory  control   550,  594 

Authority  of  Secretary 550,  594 

Authority  of  Commissioner 550 

Inherent  power 550  and  594 

(See  Rules  of  practice.) 

Surface  rights,  Act  March  3,  1909,  and  June  22,  1910 312 

Survey 188 

Survey  at  request 594 

Survey,  special  deposits 599 

(See  Table  of  circulars,  constructions  and  regulations.) 

Surveyor  422 

Swamp  land.     (See  Table  of  circulars,  regulations  and  instruction?) 117 

Table  of  Acts  of  Congress,  cited  and  construed 32  to  74 

Table  of  overruled  and  modified  cases 600 

Table  of  Eevised  Statutes 527 

Telephone  line.     (See  Right  of  way) 104 

Three-Year  Homestead  Law: 

Circular  No.  125 303 

Circular  No.  142 304 

Cultivation    305,  306 

Cultivation,  character  of 307 

Cultivation,  reduction 307 

Commutation 309 

Death   of  homesteader 309 

Election  of  entryman 304,  307 

Entries  to  be  adjudicated 305,  309 

Entries  requiring  residence 307 

Exceptions,   cultivation    307 

Entries  made,  proofs  thereon  under  old  law,  adjudicated  under  new  law  310 

Residence 305 

Leave  of  absence 308 

(See  Leave  of  absence) 30 

Act  June  6,  1912 310,  311 

Timber  and  Stone  Act,  with  regulations  thereunder 565 

Timber  and  stone:    Generally 565  to  582 

Appraisements    565 

Designations,  how  determined 568,  569 

Method  and  manner  of  return 566 

Character  of  lands  subject  to 565 

By  whom  entries  may  be  made 566 

Sworn  statement,  deposit 567 

Deposition  of  applicant 567 

Final  proof   570 

Act  concerning   572  to  574 

Form   574  to  582 

Timber  and  stone  blank 565 

Timber  cutting  688 

Timber  cutting  on  mineral  lands 215  to  231,  689 

Timber  cutting,  application  for.     (See  Index  of  forms) 684  to  689 

Township  plat: 

Cost  of   302 

Townsites.     (See  Reclamation  projects,  see  Assignments) 210  to  247 

Trials.     (See  Rules  of  practice) 

Tramroad.     (See  Rights  of  way,  canals,  ditches,  etc.) 

Tramroads    108 

Transcript,  preparation  of 167 


725 

Page 

U.  S.  Commissioners 166 

Suggestions  to    166 

Money    167 

Arrangement  of  papers 167 

Preparation  of  transcript 167 

Preparing  and  transmitting  application 168 

Desert  entries 168 

Desert  proofs,  annual  and  final 68,  69 

Contests 169 

(See  Fees  and  commissions) 297  to  303 

Unsurveyed  lands   85 

U.  S.  Land  Offices 325 

Vacant  lands   3  to  26 

Alabama  3 

Arizona    4 

.  Arkansas 4,  5 

California    5,  6 

Colorado    6,  7,  8 

Florida    8,  9 

Idaho   9,  10 

Kansas    10 

Louisiana  11 

Michigan    11,  12 

Minnesota    12,  13 

Missouri    13 

Montana   14,  15 

Nebraska   15,  16 

New  Mexico   17 

North  Dakota '. 18 

Oklahoma 19 

Oregon 19,  20 

South  Dakota  20,  21 

Utah 21,  22 

Washington    22,  23 

Wisconsin 23 

Wyoming    24 

Vacant  lands  by  counties  and  States 2  to  25 

Recapitulation 25 

Vacant  ceded  Indian  lands 605 

Validation  of  entries 207 

Wagon  road 588 

Wagon  road  grant 

Warrant   557 

Water,  adjudication 587 

Water  right  587 

Water  right,  vested 492 

Words  and  phrases 589 

Widows  and  heirs >. .  .333,  334,  488,  585 

Widows  and  heirs  of  soldiers  and  sailors 560 

Citizenship 76 

Withdrawals.     (See  Reclamation  lands,  see  Desert  lands,  see  Mineral  lands, 
see  Oil  and  gas  lands,  see  Carey  Act  lands.) 

Witnesses  588 

Women,  married  266  to  269,  248 

Wyoming.     (See  Carey  Act) 

Oil  pipe  lands 90 

(See  Canals,  ditches,  etc.) 


TABLES. 

Overruled  and  modified  cases 600,  605 

Acts  of  Congress,  cited  and  construed 32  to  74 

Revised  Statutes,  cited  and  construed 527 

Circulars,  regulations   and   instructions 117  to  137 

Rules  of  practice 507 


FORM  INDEX. 


Page 

4 — 001        Application  to  purchase 612 

4 — 002        Military  Bounty  Land  Act 613 

4 — 003        Homestead  entry  enlarged 613 

4— 003A     Homestead  entry  enlarged — Utah 613 

4 — 004        Additional  homestead  enlarged 615 

4 — 006        Agricultural  college  scrip 615 

4 — 007        Homestead  entry  615 

4 — 007A     Application  for  reduction  of  area 615 

4 — 008        Homestead,  additional,  Sec.  2306 619 

4 — 008A     Soldiers'  additional  homesteads  by  assignee 620 

4— -008B     Isolated  tracts 621 

4— 008C     Isolated  tracts— Nebraska .621 

4 — Oil        Application  to  purchase 623 

4—012        Supreme  Court 623 

4— 012A     Valentine  land  scrip 623 

4— 012B     Act  of  July,  1898,  individual 624 

4 — 018        Additional  homestead,  Act  April  28,  1904 625 

4 — 018A     Notice  of  adverse  proceedings 627 

4 — 019        Water  right  application,  Indian  land 628 

4—020         631 

4 — 020A     Water  right  application,  private  ownership 634 

4 — 021        Water  right,  reclamation  land 635 

4 — 021A     Water  right  application  with  credits 637 

4 — 022        Eegister's  certificate,  Act  June  2,  1858 638 

4 — 022A     Application  for  survey  island 639 

4 — 024      -  Notice  of  filing  adverse  claim  mineral  application 641 

4 — 024B     Notice  of  filing  mineral  applications 641 

4 — 053        Affidavit  and  motion  for  deposition 641 

4 — 062        Non-mineral  affidavit   643 

Affidavit  for  land,  State  of  Missouri 643 

4 — 061A     Forest  reserved  selections 642 

4 — 062A     Non-saline  affidavit  044 

4 — 067        Adjoining  farm  homesteads 645 

4 — 069        Affidavit  in  commuted  entries 645 

4 — 070        Final  affidavit  homestead  claimants 645 

4 — 072        Application  to  contest 646 

4— 072A     Notice  of  contest 647 

4 — 072B     Affidavit  aad  order  for  publication  notice  of  contest 648 

4 — 072C     Notice  of  contest  (publication) 648 

4 — 072D     Answer  by  contestee 649 

4 — 072E     Notice  of  "hearing 650 

4 — 072F     Notice  to  the  contestant  of  decision 650 

4 — 072G     Transmission  of  papers 650 

4 — 072H     Motion  for  default 703 

4 — 073        Final  affidavit  reclamation  project 651 

4 — 074A     Affidavits  of  assignees  of  original  instrument 651 

4 — 074B     Desert  land  entry  yearly  proof 653 

4 — 076        Affidavit  contested  cases  swamp  land  grant 656 

4 — 081  Affidavit  and  motion  for  commission  to  take  depositions  orally.  . .   656 

4 — 082        Commissions  to  take  depositions  orally 657 

4—083        Stipulation   658 

4 — 093        Application  for  isolated  and  disconnected  tracts  (Nebraska) 659 

4 — 095a      Commission  to  take  depositions  on  interrogatories 660 

4 — 100        Notice  to  take  depositions,  not  on  interrogatories 661 

4— 102b      Affidavit  since  August  30,  1890 661 

4 — 109        Application  for  repayment 704 

726 


727 


Page 

4 — 109b      Applicatioii  for  repayment  commissions 662 

4 — 109c      Excess  payments  662 

4 — 187        Notice  to  the  recorder  of  deeds,  cancelation  of  certificate 663 

4 — 189        Eegister's  certificate.     Cash  entries 663 

4 — 196       Begister  's  certificate   664 

4—197        Certificate"  under  Sec.  2306,  R.  S 664 

4 — 200        See  desert  land  proof 

4 — 201        Register's  final  certificate  mineral  entry 664 

4 — 219a      Register's  final  certificate  coal  entry 665 

4 — 235        Sioux  half  breed  reserve  at  Lake  Pepin,  certificate 665 

4 — 252f      Letter  fording  mineral  proof 666 

4 — 274        Desert  land  entry  declaration  of  applicant  and  witnesses 666 

4 — 274c      Desert  land  entry,  affidavit  of  assignee 669 

4 — 348        Application  to  make  final  proof,  see  page 

4 — 348a      Notice  for  publication  (register) 670 

4 — 348b      Notice  for  publication  (publisher) 670 

4 — 348c      Notice  for  publication — isolated  tract   (register) 671 

4 — 348d      Notice  for  publication — isolated  tract  (publisher) 671 

4 — 348e      Notice  for  publication  (registered),  timber  and  stone  act 672 

4 — 348h     Notice  for  publication — isolated  tract  (Nebraska) 673 

4 — 350        Coal  lands,  declaratory  statement 673 

4 — 357        Notice  of  right  of  election,  Act  March  3,  1909 674 

4 — 358        Notice  to  non-mineral  claimant,  Act  June  22,  1910 67-~> 

4 — 360        Affidavit  coal  land,  distance  from  completed  railroad 67(5 

4 — 363        Notice  of  adverse  claims 677 

4 — 365        Notice  for  publication  coal  entry,  Sec.  2347  R.  S <!77 

4—366        Notice  for  publication  coal  entry,  Sec.  2348-52  R.  S 1 7> 

4 — 369        Final  proof  testimony  of  claimant,  see  page 141 

4 — 370        Application  sworn  statement  and  other  forms,  see  pages 275,  575 

4 — 372a      Desert  land  entry,  final  proof,  testimony  of  claimant 677 

4 — 373a      Desert  land  entry,  final  proof,  testimony  of  witness 680 

4 — 385        Coal  lands,  application  to  purchase,  Sec.  2348  R.  S 682 

4—511        Statement  of  cost 682 

4 — 519        Application  for  leave  of  absence,  see  page 28 

4 — 522        Timber  and  stone  entry,  sworn  statement 683 

4 — 524       Notice  of  appraisement 684 

4 — 545        Homestead  declaratory  statement 685 

4 — 548        Reservoir  declaratory  statement 686 

4—590        Township  plat    ! 688 

4 — 621        Relinquishment    688 

4 — 622        Subpoena   688 

Cutting  timber  of  public  lands: 

4 — 022b      Application  for  permit  to  cut  timber 689 

4 — 022d      Application  for  permit  to  cut  timber  on  mineral  land 694 

4 — 590        Township  plat    -. 707 

UNOFFICIAL  FORMS. 

B    Notice  of  location  of  placer  claim 697 

C     Notice  of  location  quartz  claim 697 

D     Proof  of  posting  notice  and  diagram  on  claim 697 

E     Notice  of  publication  location  of  scrip 698 

F     Notice  of  location,  soldiers'  additional  rights 698 

G    Notice  of  forest  lieu  selection 699 

H     Scrip  locations,  affidavit  of  posting 699 

I      Affidavit  of  posting  contest 699 

J      Affidavit  of  mailing  contest 700 

K     Appointment  of  attorney 700 

L     Notice  of  appeal 700 

M    Specifications  of  error 701 

N     Affidavit  of  loss  or  destruction  of  register's  final  certificate 701 

O     Request  for  patent,  affidavit  of  present  owner 701 

P     Notice  of  mortgage 702 

Q     Assignments   705 

R     Desert  entries 706 


INDEX  TO  ADDENDA. 


Addenda   707-716 

Withdrawals: 

Act  August  24,  1912 709,  710,  711,  712 

Oil  lands: 

Act  August  24,  1912,  Utah,  desert,  Carey  Act  selections,  etc.,  etc.  . .  .710-713 
Gas  lands: 

Act  August  24,  1912 710,  711 

Utah,  desert,  Carey  Act  selections,  etc.,  etc 710-713 

Forest  lands: 

Timber,  dead  and  down,  sale  of 713 

Timber  cutting: 

Dead,  down,  sale  of 713 

Settlements : 

Act  May  14,  1880,  amended 713,  714 

Act  Aug.  9,  1912 713,  714 

(See  Enlarged  homestead.) 
Enlarged  homestead: 

Eights  of  settlement,  preference  right  of 713,  714 

Three-Year  Homestead  Law: 

Amended  by  Act  Aug.  24,  1912 714 

Circulars : 

No.  176 714,  715 

Scrip : 

Act  April  9,  1912,  National  Forests,  patented  lands 711,  712 

Reclamation: 

Patents,  sale,  etc 707,  708,  709 

Desert  land,  patents,  assignments,  etc.,  Act  July  24,  1912 708 

Homesteads: 

Preference  right 713,  714 

State  lands: 

Arizona 709 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 

Los  Angeles 
This  book  a  DUE  on  the  last  date  stamped  below. 


DEC  15  1977 


41585 


A     000  679  962 


